Incident not reported for a month; plaintiff can’t go back because of disability
Plaintiff was working as a surveyor for defendant on the Kaskaskia River in Illinois, as part of a dredging contract issued by the U.S. Army Corps of Engineers.
Part of his duties included operating a “survey boat,” which was accessed from and moored to a “skidder barge.” Going against USACE’s safety requirements, the deck of the barge did not have any handholds, railings or nonskid material on its deck.
On April 22, 2011, during a crew change, Plaintiff tied the survey boat to the skidder barge. He slipped and fell. He reported the situation to the job superintendent. The superintendent testified that he was aware that the working surfaces of the skidder barge were not treated with nonskid prior to the accident.
Because of a lack of familiarity with the reporting procedures of the USACE and the defendant, the superintendent did not report the incident until May 20, 2011, when plaintiff told him he required medical attention for his back.
The matter settled for $295,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Back
Court/Case no./Date: U.S. District Court, Northern District of Illinois; 1:12-cv-02088; Feb. 13, 2013
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