Fisheries are one of the integral sub-industries in agriculture. This is why aside from farmers, fishermen are as equally important in the contribution of food in the market. Compared to farmers, fishermen are at risk for perilous circumstances due to the nature of their job.
A lot of injuries in fishermen involve occupational accidents. For instance, when hunting for fish or hauling fishing gear. Most of the industrial gears used by fishermen nowadays are heavy-duty. When these machines and equipment are dislodged, it can cause injury to the people in the vicinity, particularly the fishermen.
According to Winters and Yonkers, personal injury attorney Tampa, there should be several safety measures that should be done before fishermen attempt to go at sea and operate equipment. In many instances, machine or human error cannot be avoided and injury is at bay. If you are a worker in the fisheries industry, it may be helpful for you to know about your rights when these instances occur.
In this post, we will be looking into what happens if a fisherman is injured at sea.
What Happens if a Fisherman is Injured At Sea?
1. Occupational Safety and Health Act states that employers cover the employee’s medical costs otherwise not provided by an insurance
According to the Occupational Safety and Health Act, or the OSH Act, employers must carry the burden of paying for the medical costs for the injury. Given this, the employer must also provide a compensation for the damages in the employee, which can possibly be a disability, illness, loss of capacity to work, or even death. Additionally, the OSH Act provides a means for both employees and employers to be prepared for these possible occupational injuries which can cost both of their livelihoods.
2. Compensated Work-Related Injury Leave
Depending on the laws of the state and contract agreed upon, fishermen can avail of a work-related injury leave, which can allow a time for rest and recovery. This leave is usually compensated and would be depending on the severity of the injury. Minor injuries such as muscle strains, or small-scale fractures can be covered by this injury leave. Make sure to always keep a copy of your contract, as well as your state’s work laws to see if you can file a compensated injury leave before an employer demands anything else.
3. Consulting a personal injury attorney
If your employer fails to meet your needs after a personal injury, you may consider consulting a personal injury attorney. According to Winters and Yonkers, personal injury attorney Tampa, these professionals can help you secure your rights as an injured worker. They will gather evidence on the incident that caused your injury, corroborate their findings in accordance with the state laws, and provide sufficient information to the court to give you the compensation that you need. Personal injury attorneys are very helpful in getting what you need from your employer and asserting your rights as a worker.
4. Increased safety measures for you and your co-workers
If it’s possible at such a time that you are back to work at sea, the OSH Act must come in full effect by providing an increased safety measure for you and your co-workers. These can include improvement of your safety gears, upgrade in equipment, or following safety guidelines to prevent injuries in the future. The cost to do this must be covered by your employer and must be done as soon as possible to prevent more damages. According to a study, the suggestions for safety measures given by fishermen themselves were proven to be the most helpful. So to give your part in prevention, you may also give suggestions on how to improve your facilities and systems at sea.
5. Filing a lawsuit against your employer
If a damage is too grave that it caused you your livelihood or the means to work again, then you may be contemplating on filing a lawsuit. Lawsuits can be filed against a company for violating the rights of their employees, customers, or for doing fraudulent acts. In a case of a work-related injury, compensated or not, damages are done and you may need to demand a higher form or settlement or a company’s conviction on a case. Personal injury attorneys can help you file a lawsuit and give you the justice you need.
One of the most high-risk occupations are in the fisheries sector, so it is important you are aware and protected. Know your rights, and know who to go to in case a personal injury happens to you at sea. Make sure that your employer-provided health insurance or your personal insurances have some form of coverage for these types of incidents. You never know when these things can occur. For more information about personal injury attorney Tampa, visit Winters and Yonkers website.