Understanding Louisiana Barge Accidents
Barge transportation provides one of the fundamental pillars of commerce in the economy in the United States. They are vessels that are responsible for moving cargo in freshwater and saltwater environments. However, despite their vital importance to maritime commerce, working on barges can be hazardous and life-threatening, especially to seamen.
The Occupational Safety and Health Administration (OSHA) suggests that working on barges heightens the risks of injuries and deaths. Evidence provided indicates that over 300 people died while working on barges between 1997 and 2006.
That said, it is imperative to understand the causes of such injuries, the impact on the rights of barge workers, and what remedies you have in case of injury. In essence, this helps you understand the best approach to take in case of an accident.
Here is a brief explanation of all you need to know about barge accidents.
What Causes Barge Accidents?
Multiple factors may contribute to barge accidents. Such factors include:
- Poorly and improperly maintained equipment
- Unsafe speeds
- Lack of safety training
- Impaired coworkers
Such incidences tend to give rise to barge accidents, and in most cases, they may result in the death of barge workers.
Common Types of Barge Accidents
Barges primarily operate in shallow or freshwater environments. Therefore, the accidents which arise from these environments are often incidental to barges.
Such common accidents include:
Collisions with other vessels, barges, or structures: This is one of the most common types of barge accidents. Constantly changing conditions and the negligence of other vessel operators often contribute to these types of accidents. When barge collisions occur, employees and other passengers are at risk of being thrown onto the deck, thrown within their quarters, or even being thrown overboard, all of which can lead to severe and debilitating injuries.
Fires: Barges are often deployed for oil and gas exploration purposes. To accomplish this purpose, they often carry highly flammable and explosive chemicals and other materials. This heightens the risk of injury, especially where there is a spark or other source of combustion, such as in the case of a collision. As such, barges tend to go up in flames as a result of the risk factors.
Hazardous environmental accidents: Barges often carry different materials. Some of these materials may be hazardous and life-threatening to workers. In addition, the workers are exposed to low oxygen environments. As a result, they are at risk of suffering hypoxia and other physical injuries while working on ships.
Falls: ships often have slippery surfaces. Therefore, you risk slipping and falling, thus resulting in broken bones, neck and back injuries, or a multitude of other physical injuries.
Common Injuries Sustained by Barge Workers
Accidents may lead to severe injuries, which are potentially life-ending. Some of the common injuries you may suffer include:
- Hypothermia
- Broken bones
- Fire burns
- Herniated discs
- Spinal cord injuries
- Traumatic brain injuries
- Chemical burns
Based on the severity of the injuries posed by accidents, it is imperative to undertake measures to ensure you are safe on a barge. Companies often fail to take these steps, which in turn leads to severe injuries for barge workers.
Understanding Your Rights After a Barge Accident
One of the fundamental things you have to be aware of is your rights after an injury in a barge accident. The most important thing to determine is whether you qualify as a seaman.
Determining Seaman Status in Barge Accident Cases
There is a defined test to determine if you qualify for seaman status. If you do qualify as a seaman, you are entitled to receive maintenance and cure from your employer. This covers your daily living expenses for the time that you are unable to work and includes payment for your medical expenses. In addition, seamen are permitted to sue their employers for negligence under the Jones Act. This differs from most other contexts where employers are immune from being sued because of workers’ comp protections.
In addition, if you are a seaman, you may also be able to bring a claim against the vessel owner for unseaworthiness. This is an absolute duty that the barge owner owes to seamen aboard the vessel. It is important to remember, however, that this duty applies only to seamen and not to passengers.
That is not to say that a barge passenger has no rights. Passengers can sue for damages under general maritime law. In addition, passengers may have a cause of action for punitive damages under the general maritime law.
Claims in Barge Accident Cases for Non-Seamen
If you are not a seaman, this does not mean that you do not have any rights in the event of a barge accident. You may have a claim for workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This is a federal workers’ compensation statute that generally applies to maritime workers who are not seamen. This act, like state workers’ compensation statutes, allows for injured workers to recover a portion of their lost wages and to have their medical expenses paid by their employers.
Beyond simply receiving LHWCA benefits, you may also have a 905b claim against the barge owner. These claims are allowed under the Longshore Act against vessel owners for “vessel negligence.” Click here to learn more about these types of claims.
Regulations that Apply to Barge Accident Cases
Other than the standards set forth in the Jones Act and the general maritime law, there are other standards that may be relevant to your barge accident case. For example, the regulations of the United States Coast Guard will likely apply to inspected barges. In addition to Coast Guard regulations, regulations set forth by the Occupational Safety and Health Administration- which monitors workplace risks-may be relevant to your barge accident case. Discussing these issues with an offshore injury lawyer will be helpful to understand the issues in your case.
Contact a Barge Accident Lawyer in New Orleans, La
Negligence, improper training, and other bad decision-making are contributors to barge accidents. Such accidents may lead to long-term physical and mental suffering for you or your loved ones. Therefore, it is imperative to take legal action to protect your rights and hold the negligent parties accountable.
The Mahone Firm is experienced in offshore and maritime law. Navigating through the legal process can be a daunting task, especially when you have suffered severe injuries. Mike Mahone is here to help you navigate through this seamlessly, thus ensuring your rights are protected, and you receive maximum compensation.
Contact Mike today to schedule a free no-obligation consultation.
