Missouri Barge Accident Kills Man On-the-Job
A Missouri barge worker was recently killed near Cape Girardeau, Missouri. The 67-year old worker was cleaning an empty barge when he fell 20-25 feet into the uncovered rake barge. The man, who had been working with the barge company for three years, died on impact.
Currently, the barge company is investigating the Missouri barge accident. It is believed that an autopsy will uncover additional details relating to the man’s death. No Missouri barge accident lawsuits have been filed at this point.
Depending on the type of information discovered through the Missouri barge accident investigation, this accident may result in a Jones Act claim or wrongful death claim. The Jones Act, is a federal statute that details seamen’s rights, regulates water transport, and more specifically, restricts maritime commerce.
The Jones Act provides remedy for seamen injured through employment when employer negligence can be shown. In the case at hand, it would need to be proven that the decedent’s employer was negligent, which directly caused the injury suffered. The statute states, under 46 U.S.C. 688, et seq.: any sailor/seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply.
Thus, the line of reasoning in the Jones Act follows a nexus between the Federal Employers Liability Act (FELA), which allows railroad employees to seek remedy for damages suffered in the course of employment caused by employer negligence.
It is important to note that general workers’ compensation laws do not require a showing of employer negligence, as the Jones Act and FELA claims require, but rather any injury sustained in the course of employment while in furtherance of interstate commerce.
In the case at hand, the employer’s negligence would have to be only in part the cause of the Missouri barge accident in order for the family members to pursue a claim. If any evidence of employer negligence is found here, it is likely that a Missouri wrongful death claim would be filed. This is because the employee is no longer alive to receive compensation for the personal injuries, but rather his family will be seeking remedy for his death, which is typically sought through a wrongful death claim.
Experienced Missouri personal injury lawyers know that the Missouri wrongful death statute allows certain family members of someone killed through the negligence of another to be compensated for the loss of a loved one. An experienced Barge accident lawyer will be able to advise you on your rights.
Experienced Missouri personal injury attorneys are an important key to the success of any barge accident case. Suing for injuries can be exhausting, but choosing a Jones Act attorney, who is familiar with this small sect of law, will make the process a lot smoother.
The personal injury lawyers at Page Cagle aggressively represent employees injured through the course of barge work in Jones Act claims. If you or a loved one needs experienced legal advice, call us directly at 314.322.8515 or toll free at 1.800.500.INJURY (4658).
I am more than willing to discuss your case with you during a free initial consultation. I will answer all of your questions and concerns. There is no fee unless we recover for your injuries.
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.
