Premier Pacific Seafoods Maritime Injury Claims
Premier Pacific Seafoods was founded in 1992 as a marketing and managing company for the SS Ocean Phoenix. Soon after, the vessel was converted into a fish processing ship. In 2010, Premier Pacific Seafoods added the M/V Excellence to its managed vessels. The ships are based in the North Pacific hake and pollock fisheries.
Working as a seaman for Premier Pacific Seafoods requires heavy lifting and physical endurance. The days are long, and the crew has to deal with the harsh Alaskan weather conditions. There is always a risk of injury while onboard. Because working on a commercial fishing vessel is so dangerous, the law offers special protections to injured seamen. The three primary causes of action available to injured seamen include 1) maintenance and cure, 2) the doctrine of unseaworthiness, and 3) the Jones Act. It is important to work with an experienced attorney because maritime law is different from typical personal injury and workers’ compensation laws.
Maintenance and cure is one of the most basic claims available to injured seamen. All seamen that are injured while working are entitled to maintenance and cure. Unlike negligence claims under the Jones Act, it is a no-fault cause of action. This means that it does not matter who caused the injury. Maintenance payments are for day-to-day living expenses, and cure payments are for all reasonable and necessary medical expenses. There is no set dollar amount; the amount of maintenance and cure awarded varies from case to case. Injured seamen may also be entitled to unearned wages.
In addition to maintenance and cure, injured seamen may be able to bring a claim against Premier Pacific Seafoods under the doctrine of unseaworthiness. Under general maritime law, a vessel owner has an absolute duty to furnish a seaworthy vessel. Unseaworthiness typically refers to any defective or dangerous condition of the ship or the ship’s equipment. Some examples of unseaworthiness include worn-out equipment, oily or greasy decks, and a lack of proper safety gear. If an unseaworthy condition caused your injury, you have the right to seek damages.
The Jones Act, passed by Congress in 1920, gives seamen the right to sue their employer for negligence. To recover damages under the Jones Act, you must prove that Premier Pacific Seafoods was at fault for your injury. An example of negligence could be a slippery deck or worn-out equipment. Your employer is also liable for the negligence of your fellow crewmembers. There is a very low burden of causation under the Jones Act. You only need to prove that Premier Pacific Seafoods played a part in the injury, no matter how small.
Kraft Davies Olsson PLLC is a nationally recognized leader in maritime personal injury law. Kraft Davies has significant experience representing injured seamen against Premier Pacific Seafoods. We understand the fishing industry and know how to get you the compensation that you deserve. If you or a loved one were injured in a commercial fishing or shipping accident, contact the attorneys at Kraft Davies today at 206.624.8844 or through this website.