Laura Pennington  |  February 18, 2019

Category: Legal News

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A tug pushes a barge along a river.A Louisiana federal judge recently awarded $3.3 million to a construction worker who says he suffered from an injury at sea.

According to the claim filed by maritime construction worker Devin B., he sustained critical head and spinal injuries due to the alleged negligence of a boat captain. The injury at sea allegedly occurred when Devin was hit by a portable generator. He argued that at the time of the incident, the boat captain was negligent while trying to move this portable generator from a crew boat location to a barge.

The maritime construction worker injury lawsuit led to a five day bench trial and ultimately, the judge in that case determined that defendant River Ventures LLC was negligent.

Devin B. claimed the injury occurred while he was trying to move a portable generator from a crew boat to a barge, as part of a containment wall construction located in close proximity to a dock facility. Devin said he fell overboard, then the generator fell after him, hitting him on the head.

The lawsuit alleged that the boat captain did not appropriately secure the boat to the barge before attempting to begin the transfer, ultimately causing the vessels to drift apart from one another and causing Devin to fall off the boat.

After he was struck by the portable generator following going overboard, Devin says the head injury required 28 staples, and his doctors believed that his spinal injuries were so severe that they would likely require surgery in the future.

According to the judge, the boat captain negligently made a decision to keep the vessels close together using the boat’s engine power rather than use the appropriate method of securing the boat with a mooring line.

Past and future medical expenses were awarded in that case of around $875,000, and Devin’s wife Megan was also awarded $250,000 for loss of consortium.

Unfortunately, maritime injuries are extremely common and can have life altering consequences for the person who is hurt. In the event of critical injuries, an employee who relied on his or her position for income might never be able to return to this type of physical labor again.

According to the Bureau of Safety and Environmental Enforcement, offshore incidents can include a number of different types of mishaps, such as injuries from lifting, loss of control, spills, gas releases, fires and explosions, collisions and evacuations and musters.

There are a number of different types of laws that protect workers injured at sea. One of them is the Jones Act. The Jones Act is a federal law protecting workers in maritime commerce throughout the United States. It’s sometimes referred to as the Merchant Marine Act of 1920. It allows seamen to take legal action if they believe their employer was negligent in terms of providing a safe working environment or proper safety gear.

The Injury at Sea Lawsuit is Case No. 2:17-cv-00585 in the U.S. District Court for the Eastern District of Louisiana.

If you sustained an offshore injury as a worker on a commercial vessel or you were subjected to sexual harassment or discrimination as a maritime worker, you may qualify to join this maritime lawsuit investigation.

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