Fishing accident claims

Whether you work on a vessel or at a fish farm, Digby Brown understands the dangerous nature of aquaculture and working in the fishing industry. The firm has many decades of experience helping injured fishermen access the specialist legal knowledge to make a rightful compensation claim when injured on board or in the related industries onshore.  Even where employees are defined as self-employed (share fishermen), there is still a duty of care by the Captain of the vessel.

How to get fair fishing accident compensation

It has many times been referred to as the most dangerous occupation you can have: working on a fishing trawler or in the related industries is by its nature hazardous.  But that does not mean that it is accepted that people will be injured as part of their job description. 

Proper procedures should be in place, the right safety equipment and protective clothing used and adequate training provided for doing the job without causing you or your colleagues harm. Obviously bad weather can play a part but this should also be considered when risk assessing whether a task is too dangerous.

If you have been injured as a result of an accident which happened during the course of your work and you believe that it could’ve been prevented, then we are here to help. A compensation claim is all about receiving financial remuneration to replace your loss: it wasn’t your fault but you are nevertheless paying the price in terms of the injury, pain and suffering.  

This matters to you and Digby Brown

Digby Brown’s job is to work on your side to investigate what happened and if someone has been negligent ensure that they (usually the insurance company associated with your employer) accept responsibility for the accident.  At the same time, we fully explore all the implications of your injury. This will include the losses and expenses you have incurred when the accident happened, the potential future loss of earnings as well as the pain and suffering you have had. This way we can properly value the claim, before intimating this to the insurer’s legal defence team.  

The case will have essentially two parts to agree with the defending party: agreement on who and what caused the accident and how much the claim is worth.  It is our job to robustly argue on your behalf that the employer was at fault and that the values we have attributed to the loss are fair.

If your workplace injury prevents you returning to the same role, or halts career progression, we will even work to recover the lost future wages you would likely earn if the accident never happened. 

We secured £37,500 for a fisherman who suffered a broken finger while working in the North Sea. He was injured after his hand was caught in the mechanisms used to retrieve nets. 

In another case we helped a client secure £55,000 after he was going down a ladder-hatch when the cover to the hatch suddenly swung down and crushed his hand.

Funding your case

As a specialist law firm, we deal only in personal injury and employment law for those who have had negligent things happen to them.

 We work on a “no win no fee” basis as we know people could not normally afford to access legal expertise if they were paying up front, especially if they find themselves unable to work.

Our Compensate funding package ensures that all the costs in running the case are paid, whether access to specialist expertise in medical or industry specific knowledge. We take a percentage (agreed at the outset and not more than 20% including VAT) only once the case has successfully concluded.  If the case is lost, you will pay nothing, we bear all the cost.

Regulations and the fishing industry

The specialist nature of working in this sector led to the creation of several regulatory bodies and when accidents happen, multiple investigations can occur:

• The Health and Safety Executive (HSE) and Marine Accident Investigation Branch (MAIB) investigate fatalities and serious accidents
• The Maritime & Coastguard Agency (MCA) deals with issues aboard vessels at sea
• The HSE regulates activities at fish cages and moored structures
• The Scottish Aquaculture Industry Forum works with the HSE and MAIB to promote good practice

Officials clearly take fishing and aquaculture safety very seriously. But having so many people, regulations and agencies in one sector can lead to confusion when you need help after an accident.

Thankfully our specialist solicitors are trained for navigating this complex world to help you secure fair compensation for your accident at sea claim.

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Why should I use Digby Brown for my fishing accident claim? 

Digby Brown is Scotland’s leading law firm dedicated to personal injury. Every year we recover more than £100 million for injured clients and their families. 

Our expertise in the niche and complex world of personal injury has been consistently hailed by the two main industry watchdogs – Chambers & Partners and The Legal 500 – which have both put Digby Brown at the top of their ranking tables for legal expertise and service.

We have also been recognised as Scotland’s Law Firm of the Year for four out of the last six years (2015, 2016, 2018 and 2019). 

This proven track record is why thousands of people come to Digby Brown for legal support – whether through word of mouth or by being referred by trusted charities.

Remember - compensation is not an ‘award’. It is a payment made in recognition of your injuries to put you back in a financial position as if the accident never happened. It is your legal entitlement and can make the difference in protecting the future for you or your family. 

If you would like to talk to someone, simply call us we are open 8.00am to 8.30pm Monday to Friday and 12 – 4pm at the weekends or simply fill in an enquiry form and someone can call you back at your convenience.

Because it matters...