Jones Act Injury Case: Deckhand Knocked Overboard When Rigging Fails

Case Overview

Neil Nazareth of the Nazareth Law Firm has been retained to represent Bryan McIntyre for a maritime incident aboard a vessel owned and operated by Next Generation Logistics, L.L.C. (NGL). The lawsuit is pending in the Civil District Court for the Parish of Orleans and asserts claims under the Jones Act and general maritime law.

The Incident

Mr. McIntyre was employed as a deckhand by NGL and assigned to work aboard the dredge vessel COMPASS. While the COMPASS and a steel work barge were on navigable waters and secured to a dock, Mr. McIntyre was assisting his fellow crew members in using an excavator to move a portable toilet (“John”) from the dock to the deck of the barge.

The rigging being used to lift the John failed and knocked Mr. McIntyre over the side of the barge and into the water. During the fall, he hit his head on the bow of the barge and was rendered unconscious.

Negligence and Failure to Pay Maintenance and Cure

As a result of NGL’s negligence and its failure to comply with internal safety policies and applicable federal maritime regulations, Mr. McIntyre suffered a head and leg injury. He was treated at the hospital with instructions to obtain follow-up care for his head injury.

Mr. McIntyre attempted to arrange the follow-up care for his head injury; however, NGL refused and subsequently terminated Mr. McIntyre from employment. NGL has refused to provide Mr. McIntyre with maintenance and cure since the termination date of his employment.

As his Jones Act employer, NGL is obligated to provide maintenance and cure until he reaches maximum medical improvement. The willful failure to pay maintenance and cure is a serious breach of maritime obligations and can expose an employer to additional damages, including punitive damages and attorneys’ fees.

Injuries Sustained

Mr. McIntyre suffered a head injury and a leg injury in the fall. He was treated at the hospital and instructed to obtain follow-up care for his head injury — care that NGL refused to authorize. Head injuries of this kind can carry serious and long-term consequences, and the denial of follow-up treatment compounds the harm to an injured seaman.

Damages Sought

Mr. McIntyre seeks:

• Continuation of maintenance and cure benefits
• Compensatory damages
• Punitive damages for NGL’s willful failure to pay maintenance and cure
• Damages for past, present, and future pain and suffering
• Damages for disability, medical expenses, and loss of wages and benefits

Maritime Law: Key Legal Principles

The Jones Act

The Jones Act provides American seamen with the right to sue their employers for negligence. A seaman need only show that the employer’s negligence played any part, however slight, in causing the injury, and may recover past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering.

Maintenance and Cure

Maintenance and cure is one of the oldest obligations in maritime law. Regardless of fault, a vessel owner must pay maintenance — a daily living allowance during recovery — and cure — all reasonable and necessary medical expenses until the seaman reaches maximum medical improvement. A willful refusal to pay, as alleged here, can give rise to additional remedies for the injured seaman.

Pending Litigation

This Jones Act case is currently pending in the Civil District Court for the Parish of Orleans. The litigation will encompass discovery into NGL’s safety policies and rigging practices, the circumstances of the rigging failure, and the employer’s refusal to provide maintenance and cure, as well as expert testimony regarding Mr. McIntyre’s injuries and future medical needs.

Maritime Injury Representation

The Nazareth Law Firm has extensive experience representing injured seamen and maritime workers in cases involving Jones Act negligence, unseaworthiness under general maritime law, maintenance and cure disputes, and Longshore and Harbor Workers’ Compensation Act (LHWCA) claims. We handle maritime cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.