Canal Barge Company Inc. is facing a new Jones Act lawsuit, alleging the claimant had sustained serious injuries on one of their ships.
The Jones Act lawsuit alleges Canal Barge had failed to take care of the claimant’s injuries after he got hurt on the company’s vessel, even though the company is required under general maritime law.
Plaintiff Dillion G. filed this Jones Act lawsuit after the company had refused to pay for injuries that he allegedly incurred while on the job.
According to the Jones Act lawsuit, Dillion was assigned to work aboard vessels owned and operated by Canal Barge while in navigation on the Intracostal Waterway and Mississippi River near East Baton Rouge Parish, La.
For the purposes of filing this claim under the Jones Act, Dillion says he qualifies as a “seaman” under general maritime law.
Overview of Jones Act Lawsuit
According to the Jones Act lawsuit, Dillion had been ordered by his supervisor to help manually lift and move an outboard marine engine secured to a pallet, which had been unloaded from a different vessel.
This was a part of Dillion’s typical occupational duties, he says. But he claims he suddenly experienced severe lower back pain during the lift and eventually had to seek medical treatment after the pain would not subside.
Dillion says he underwent an MRI scan, which showed serious lower spinal protrusions and that the nerve roots in that particular region were being compressed. Lower back surgery was required. Dillion says the injury and surgery severely compromised his ability to work, and he has been contending with the long-lasting side effects of this work injury ever since.
Even though Dillion had gotten his injury aboard Canal Barge’s ship, the company has allegedly failed to compensate him for these injuries and may be responsible under the Jones Act.
Also known as the Merchant Marine Act, this law helps protect seamen who sustained injuries while working aboard a ship that can include a wide range of injuries from food poisoning to slipping and falling off the vessel.
It is important to note that only seamen qualify for protection under the Jones Act, with employees having to spend 30 percent or more of their time working aboard one or more vessels under common ownership. Work accidents covered by the Jones Act include, but are not limited to:
- Capsizing
- Collisions
- Fires
- Explosions
- Accidents caused by Rough Waters
- Slips and Falls
- Food Poisoning
- Work Related Injuries caused by Occupational Duties
- Falling Objects
In his Jones Act lawsuit, Dillion alleges Canal Barge failed to provide a safe work environment and should have had sufficient work equipment that would have helped prevent his back injuries. In addition, Canal Barge allegedly did not have properly trained crewmen or supervisors to ensure that the actions they were taking aboard the vessel were safe.
Furthermore, Dillion alleges his injuries were directly caused by the negligent conduct of Canal Barge and is pursuing damages under the Jones Act.
This Jones Act Lawsuit is Case No. 2:18-cv-10045-SM-DEK, in the U.S. District Court of Eastern Louisiana.
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