A maritime worker employed as a barge captain and deckhand was seriously injured while performing his duties aboard a barge operating on navigable waters in Florida’s Intracoastal Waterway.
While our client was following orders and removing chains from a piling, as he was required and directed to do, a pile-driving hammer suddenly dropped without warning onto his dominant right hand. He suffered devastating injuries.
BRILL & RINALDI, The Law Firm pursued claims on his behalf under federal maritime law.
Jones Act Negligence and Unseaworthiness Claims
The firm pursued a negligence claim under the Jones Act, asserting that the employer failed to provide our client with a safe place to work.
The allegations included failures to properly train and supervise the crane operator, properly maintain the crane equipment, and safely operate the crane.
We also pursued an unseaworthiness claim under the General Maritime Law of the United States, asserting that the barge was not reasonably fit for its intended purpose and lacked a competent crew.
In addition, the firm pursued maintenance and cure benefits on behalf of our client. Maintenance and cure is a longstanding maritime doctrine requiring employers to provide qualifying injured seamen with medical care and certain living expenses during their recovery.
Fighting an Improper Worker Classification
A significant issue in the case involved our client’s status as a maritime worker.
The employer attempted to classify him as a land-based worker who would be limited to state workers’ compensation benefits. BRILL & RINALDI, The Law Firm maintained that our client’s work as a barge captain and deckhand clearly established his status as a Jones Act seaman entitled to the protections and benefits available under maritime law, including maintenance and cure.
That distinction was critical because an injured worker’s classification can significantly affect the legal rights and remedies available following a maritime accident.
A Confidential Settlement for the Injured Seaman
The case was ultimately resolved through a confidential settlement.
While the specific terms remain confidential, our client received compensation for the harm he suffered and a measure of justice following his devastating workplace injury.
For BRILL & RINALDI, The Law Firm, the case reflects our commitment to holding maritime employers accountable when they fail to provide safe working conditions for the men and women who work on our nation’s waterways.