Commercial fishing is consistently ranked one of the most dangerous occupations in the United States, and Texas — with its Gulf shrimp fleet, red snapper boats, tuna longliners, and bay oyster boats — has a significant share of those injuries. Crewmembers work in freezing rain, on pitching decks, around heavy nets and winches, and far from shore where medical help is hours away. A Texas commercial fishing injury lawyer at McFarlane Law represents injured crewmembers under the Jones Act, the general maritime doctrines of unseaworthiness and maintenance and cure, and — for deaths occurring beyond three nautical miles offshore — the Death on the High Seas Act (DOHSA).
Why Commercial Fishing Is So Dangerous
The injuries we see most often include hand, arm, and leg crushing in winches, power blocks, net reels, and deck machinery; line and net injuries from fouled gear under tension; falls from ladders, outriggers, and rigging; struck-by injuries from swinging booms, nets, and trawl doors; hypothermia and cold-water immersion from man-overboard incidents; burns from galley fires, engine room fires, and engine room scalds; and cumulative injuries to backs, shoulders, and knees from repetitive heavy lifting, pulling gear, and working at awkward angles. The hazards of commercial fishing are compounded by extended watches, fatigue, cooking and sleeping quarters in close proximity to work spaces, and the cultural pressure to keep working through injury or illness that is still common on fishing boats.
Status as a Jones Act Seaman in Commercial Fishing
Almost every working crewmember on a Texas commercial fishing vessel qualifies as a Jones Act seaman. This includes deck hands, net handlers, cooks, engineers, captains, and processors. It also includes share-system crewmembers paid on a percentage of the catch, and it includes long-standing seasonal crew who work for the same owner across multiple boats. Jones Act seamen enjoy the full set of maritime protections: negligence recovery, strict liability for unseaworthy gear, and maintenance and cure until MMI. DOHSA additionally governs death cases occurring more than three nautical miles from U.S. shore. McFarlane Law evaluates status, damages, and venue for every fisherman injury case and tailors strategy accordingly.
Coast Guard Regulations and Their Evidentiary Value
The Coast Guard has an extensive regulatory program governing commercial fishing vessels — safety equipment, emergency drills, survival craft, immersion suits, EPIRBs, and training. 46 CFR Part 28 sets many of the specific rules. When a fishing vessel has been cited by the Coast Guard, failed a safety exam, or been detained for noncompliance, those findings become powerful evidence of unseaworthiness and owner negligence in a civil case. McFarlane Law pulls Coast Guard investigation files, safety exam histories, and detention records for every fishing vessel case. We also subpoena vessel maintenance logs, classification survey reports (for larger vessels), and crew training records to build the full picture of owner responsibility.
What to Do If You Are Injured on a Texas Fishing Vessel
Report the injury to the captain or mate and make sure the report is logged. Seek medical care as soon as the vessel reaches port, or sooner if it is serious. Keep copies of all medical records and pay records. Photograph the scene, the equipment, and your injuries. Obtain the names and contact information of every crewmember who witnessed the event or can speak to the conditions aboard. Do not give a recorded statement to the owner’s insurance carrier. Do not sign a release, an “advance of wages” agreement, or any document that mentions maintenance and cure without talking to a Texas maritime injury lawyer first. Many injured fishermen give up valuable rights in the first 30 days after injury — usually because no one explained their Jones Act rights to them.
Related Practice Areas
Related: Texas Jones Act lawyer, maintenance and cure lawyer, unseaworthy vessel lawyer, Texas maritime wrongful death lawyer. Hub: Texas maritime injury lawyer.
Talk to a Texas Injury Lawyer Today
If you or a family member was injured or killed on a Texas commercial fishing vessel, McFarlane Law can help. Free consult; we handle Jones Act and DOHSA cases across the Gulf. Austin (512) 222-4900, Odessa (432) 803-5000.
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Austin (HQ): 500 W 2nd Street, Ste. 1900, Austin, TX 78701 — (512) 222-4900
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