Maritime Accident, Explosion Results in 6 Fatalities
According to Coast Guard surveys, the most common reason for on-water accidents, like barge crashes, is barge operator negligence. Miscommunication between crew members has also been noted to increases the risk of maritime crashes. Additionally, poor safety practices and procedures can greatly impact the instances of barge crashes.
A recent barge accident lawsuit was filed after a fatal maritime crash in Louisiana. The barge accident killed six, injured two and caused substantial fiscal damage. The accident occurred when a barge slammed into the high-pressure, underwater gas pipe. The pipe ruptured and caused a deadly explosion, killing and injuring barge employees.
Several personal injury lawsuits were filed after the fatal barge accident. The family members of those killed in the barge accident sued for wrongful death. Injured employees filed for personal injury claims under the Jones Act and even those employees who weren’t physically injured sued for extreme distress and emotional injuries from witnessing coworkers’ deaths.
The barge company filed a motion for summary judgment, saying there was not an issue of material fact at dispute in all of the alleged claims. However, the court disagreed and allowed the issues to be presented to the court. The barge company specifically argued the emotional injury claims and said they were without merit and not compensable under the Jones Act.
The barge company alleged there was no proof that the employees were near the explosion when it occurred in order to claim injury stemming from the incident. However, the court found this argument to be unpersuasive. One of the employees claiming emotional injuries pulled his dead childhood family friend and a badly burned deckhand out of the water. Additionally, he experienced post traumatic stress disorder and severe depression that required extensive cognitive and behavioral psychotherapy. The court found such injuries, although not physical in the sense of bruising or scarring, to be worthy of court judgment as they were still severe and required medical treatment.
The personal injury lawsuit concluded with judgment for those injured in maritime employment, physically and emotionally, as well as for the families of the barge employees killed in the barge crash.
Jones Act claims, which allow seamen to collect damages through injurious maritime work, require that employer negligence be proven as opposed to a typical workers compensation claim. Injured barge employees can collect for medical care, psychological care and lost wages, to name a few, under the Jones Act.
If you or a loved one is injured in the course of barge work or other sea-based employment, it is important to contact a Missouri Jones Act lawyer as soon as possible. It is crucial that you choose an attorney who has successfully handled similar cases before to make sure he/she is familiar with the relatively small area of maritime law.
As an experienced Jones Act Law Firm in St. Louis, Missouri (MO), Page Cagle represents barge accident victims and Jones Act clients on a daily basis.
The personal injury lawyers at Page Cagle will be happy to discuss your case with you and answer any questions you may have. I offer free consultations and can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can email me at john@pagecagle.com or visit www.bargeaccidentlawgroup.com for more information.
