Last year a man who was injured as he left a barge docked at Chevron Pipe Line terminal in Nederland filed a lawsuit against Florida Marine Transporters and Chevron Pipe Line. He was on the barge to collect samples of naphtha, a flammable material that is sometimes used in plastics. The accident on the barge reportedly occurred when a handrail broke and he fell to a lower deck. When he fell, the samples, contained in glass tubes, broke spewing the samples.

As a result of the accident, the man sustained chemical burns and injuries to his back, ankle and hands. The basis of his lawsuit is the allegation that the defendants did not provide him a safe workplace. He also claimed he was placed in "imminent peril" because the defendants failed to property maintain or inspect the area in which he was working. In addition to medical expenses, the man sought lost wages, future mental anguish and physical pain. He also sought punitive damages.

One of the defendants, Florida Marine Transporters, has filed a motion for summary judgment in the case. The motion claims it did not owe a duty to the barge worker for a couple reasons. The first is that the man was not employed by Florida Marine Transporters when he sustained the injuries. Also, at the time of the accident he was not a Jones Act seaman.

Florida Marine Transporters instead claims that the man is covered under the Longshore Act. It alleges this is the only remedy he has against it.

We will continue to monitor this case and provide updates as they become available.

Source: The Southeast Texas Record, "Florida Marine seeks summary judgment in barge worker's suit," David Yates, Oct. 27, 2011

The Southeast Texas Record, "Barge rail gives way, worker sues," David Yates, Sept. 16, 2010