Involved in a Fishing Accident*?
Being involved in a fishing accident, regardless of how serious the workplace accident was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you are involved in a fishing accident that was not your fault, there may be a legal remedy. This legal remedy, you can seek by way of a fishing accident claim.
Common Fishing Accident Claims*
Everyday, fishermen/women are often faced with harsh and even dangerous working conditions that often result in injury. Fishing accidents are relatively common in Ireland, especially when some equipment used can put you at risk. Along with this, weather conditions can make it difficult to do your job, so it is extremely important that preventive and protective measures are put in place.
We understand that working on board a fishing boat can mean tough working conditions, but that does not mean duty of care should be neglected. Your employer has a responsibility for the health and safety of staff and should assure that working conditions are as safe as possible, Personal Protective Equipment (PPE) is worn when needed, and adequate training is put in place for staff to help prevent boat accidents.
Duty of care also applies to self-employed fishermen or share fishermen/women in the fishing industry. The captain is to ensure that health and safety measures are put in place under these harsh conditions. However, even with all these measures in place, fishing accidents can still be very common.
The most common fishing accident claims are:
What do I do if I’m involved in a fishing accident accident?
If you were involved in a fishing accident, there are a number of steps you should follow:
Seek medical attention
Your health is your wealth and should be your first priority. Immediately after your accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else was involved in the accident that needs medical attention. If you or anyone else involved has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future which can involve pain and suffering. In this case, it is always better to be safe than sorry and is advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
Report the accident
It is critical to report the accident to your superior, i.e. a supervisor or captain of the fishing boat. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than 3 days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
Identify any witnesses
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
Document the incident
It is important that you collect all the relevant information in connection with your accident:
- How the accident happened
- Details of any witnesses
- If there are any CCTV recordings of your accident
- Take pictures of where the accident happened and what caused your accident
Speak to a fishing accident claims solicitor
If you are considering moving forward with your fishing accident claim for any personal injuries sustained, it is advisable that you speak with a personal injury solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board for assessment. A personal injury solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your personal injury claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim for compensation.
Here at Tracey Solicitors LLP, we have a lot of experience in personal injury law. We have a team of personal injury lawyers that deal with personal injury and negligence claims. As a professional law firm, we want to ensure we achieve the best possible outcome for you.