Maine Injury Lawyer Blog
According to a recent article, 26-year-old Jaxson Marston of Addison, Maine, tragically lost his life in a scallop fishing accident off the coast of Massachusetts. While working aboard the vessel 25 TO LIFE, approximately 25 nautical miles east of Nahant, Marston was struck in the neck by a rope that had snapped under tension. The impact caused a broken neck and left him intermittently unresponsive. Despite being rushed to shore by the U.S. Coast Guard and transported to Beverly Hospital, Marston was pronounced dead upon arrival. Another crew member also sustained serious injuries, including a concussion and possible broken ribs. Marston leaves behind a 1-year-old daughter and a girlfriend who is currently pregnant with their second child. In response to the tragedy, a GoFundMe campaign has raised over $90,000 to support his grieving family.
Maine’s commercial fishing industry is not just a vital part of the state’s economy—it’s a way of life for thousands of families across the coast. From lobstering in Penobscot Bay to scallop dredging off the shores of Downeast Maine, fishing is deeply woven into the cultural fabric of the region. But along with its economic and cultural significance, commercial fishing remains one of the most dangerous professions in the country.
The Hazards of Commercial Fishing
Unlike many other occupations, commercial fishing places workers in constantly hazardous environments. The risks range from unpredictable weather and mechanical failures to falls overboard and heavy machinery accidents. Some of the most common causes of injury and death in Maine’s fishing industry include:
- Snapped lines and rigging failures: Tightly wound lines or cables under extreme tension can snap without warning, causing blunt-force trauma or fatal injuries.
- Falls overboard: Icy decks, rough seas, or loss of balance can quickly lead to a fisherman going overboard, often with tragic results if rescue is delayed.
- Heavy equipment accidents: Winches, cranes, and traps can cause crushing injuries or amputations when operated in close quarters.
- Slips and trips on wet or uneven surfaces: Injuries from falls are common, especially when vessels pitch in rough waters.
- Exposure to extreme weather: Cold temperatures, hypothermia, and frostbite are constant threats on the open sea.
Legal Rights After a Commercial Fishing Accident
If you or a loved one has been injured while working in Maine’s commercial fishing industry, it’s important to understand that state and federal laws provide certain protections. However, the laws governing maritime injuries are complex and often differ significantly from those covering land-based occupations. Some of the key legal avenues for injured fishermen and their families include:
- The Jones Act: The Jones Act is a federal law that allows injured seamen to bring claims against their employers for negligence. If an unsafe work environment, poor maintenance, or lack of training contributed to the injury, the worker may be entitled to damages such as medical expenses, lost income, and pain and suffering.
- Maintenance and Cure: Under maritime law, injured seamen are entitled to “maintenance and cure”—a type of compensation that covers daily living expenses (maintenance) and medical costs (cure) until they reach maximum medical improvement, regardless of who was at fault for the accident.
Wrongful Death Claims
When a commercial fisherman dies as a result of negligence or unseaworthiness, their family may be eligible to file a wrongful death claim under the Death on the High Seas Act (DOHSA) or other maritime statutes. These claims can help recover financial support, funeral costs, and other related damages.
Why Legal Representation Matters
Maritime injury claims are governed by a specialized and often confusing body of law. Employers and insurance companies may try to limit liability, shift blame, or offer lowball settlements. Having an experienced maritime injury attorney can make all the difference in getting the compensation you truly deserve.
A Commitment to Maine’s Fishing Families
We understand the immense physical, emotional, and financial toll these accidents can take. That’s why our team is committed to helping families across Maine—from Portland to Eastport—hold negligent parties accountable and navigate the road to recovery.
If you or someone you love has been injured or killed in a commercial fishing accident, don’t wait. Time is critical in maritime cases, and evidence can be lost at sea. Contact Peter Thompson & Associates today for a free consultation with an attorney who knows how to fight for Maine’s fishing community. You can reach us at 207-874-0909 or visit our website now.