Barge Accident Suit Settled for $4.5 Million
A barge accident suit settled for $4.5 million in Chicago after an employer failed to provide a safe workplace environment. The employee bringing suit had his leg crushed in between two barges. His leg had to be amputated above the knee to save his life.
When the accident occurred, the employee was still greatly inexperienced. His supervisor was giving him guidance and information about how to couple together two barges. As he waited for the two barges to come together before securing them, the employee attempted to step from one barge to the other when his foot slid out from under him. The barges came together with the employee's right leg crushed in between them.
The jury found the employee had not been properly trained in transferring between barges, and that the lighting conditions were inadequate. The jury also found hazardous work conditions, as the barges were covered in gravel. Further, the employer was a member of the American Waterways Operators (AWO) and was therefore required to follow general maritime laws and practices regarding marine operations, maintenance, and safety.
The AWO's program requires that companies, who belong to their organization, comply with certain safety regulations and obtain a third party audit to verify compliance with those AWO guidelines. In this case, such regulations would have included adequately training the workers, providing adequate lighting, and keeping the barges free of debris or gravel. The employer's failure to do such proved failure to provide a safe working environment, which led to the jury finding them as "unseaworthy" or negligent.
Laws specific to the maritime industry, such as the Jones Act, govern marine workers' rights. The Jones Act is somewhat similar to workers' compensation laws (although they follow different paths in the legal system) because it provides injured marine workers with payment of lost wages and medical expenses after a work-related injury. It allows marine workers to obtain damages from their employers for negligence of the shipowner, captain, or fellow crewmembers.
As an law firm in Maritime Law, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.
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If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.
