Chicago-Based Barge Injury Lawyer

Compensation for Barge Accidents in Illinois and Beyond

A barge injury lawyer ensures that those hurt on Illinois waterways, such as the Calumet River, Chicago River, or Illinois River, receive fair compensation for injuries sustained on barges. 

Workers often face significant dangers, such as chemical exposure, falling loads, and vessel collisions. Our experienced maritime lawyers will hold negligent employers and companies responsible, ensuring you recover compensation that covers all your needs. Contact us today for a free consultation. 

Barge Accident Settlements & Verdicts Recovered by Our Chicago Law Firm

$4,000,000: Al, a deckhand, suffered extensive burn injuries when a fire broke out on deck. Our experienced barge accident attorneys demonstrated that the fuel had been improperly stored.

$3,100,000: Barge crew member Joseph suffered serious injuries to his arm and shoulder when cargo fell on him. We secured compensation to cover reduced income, as he was unable to return to his previous duties.

$630,000: We used the Jones Act to secure fair compensation for Garcia, who suffered overuse injuries while working on a barge. 

Why Choose IL Work Injury Lawyer

We are recognized as the premier work injury law firm for the Illinois maritime industry, boasting over 100 years of combined legal experience in handling maritime injury claims. Our legal experts have secured over $450 million in settlements and verdicts for our clients, earning us a spot in the Million Dollar Advocates Forum. 

Types of Barge Accident Claims We Handle Under State and Federal Maritime Law

Jones Act Injury Claims: These hold maritime employers accountable for negligence that results in serious injuries. 

Unseaworthiness Claims: If you were injured in a maritime accident on an unseaworthy vessel, we can make a claim under maritime law for compensation. 

Maintenance and Cure Disputes: The Jones Act requires employers to cover an injured worker’s medical costs and living expenses, like lost wages, during their recovery. If they refuse to provide this, our maritime lawyers can hold them accountable.

Longshore and Harbor Workers’ Compensation Act: In some cases, the Jones Act doesn’t apply, in which case we can pursue damages for injured barge workers under LHWCA. 

Third-Party Manufacturer Claims: If defective equipment or hazardous chemicals have caused severe injuries, we will utilize Illinois product liability laws to hold manufacturers and distributors accountable. 

What Are the Most Common Causes of Barge Accidents?

Barge operations are complex, particularly at major maritime centers like the Port of Chicago. Common causes of barge accidents include:

• Poor vessel maintenance and unseaworthiness
• Inadequate crew member training
• Unsecured cargo shifting during transit
• Fall accidents on wet, unstable, and uneven surfaces
• Collisions with other vessels
• Failure to enforce safety protocols
• Machinery failure and defective equipment
• Wake turbulence or shifting
• Exposure to hazardous materials
• Fatigue and overwork leading to human error

What Are Common Barge Accident Injuries?

Maritime injury cases often result in substantial medical bills and extended periods of time off work. Common barge accident injuries include:

• Head injuries, including traumatic brain injuries
• Spinal cord injuries
• Drowning, near-drowning, and dry drowning
• Crush injuries and amputations
• Lacerations from mooring lines and other equipment
• Burns from fuel and chemical fires
• Back injuries, herniated discs, and neck pain
• Slip, trip, and fall accidents
• Fatal maritime accidents

What Damages Can Injured Barge Workers Recover in Illinois?

A personal injury claim can provide both economic and non-economic damages. Our experienced maritime lawyers will fight to ensure that you receive financial compensation that covers all your needs. This can include:

• Medical bills, including emergency care, rehabilitation, and long-term care
• Out-of-pocket medical costs, like mobility aids or home modifications
• Future medical expenses, such as occupational therapy
• Lost wages and loss of earning capacity
• Physical pain and suffering
• Emotional distress and PTSD
• Disfigurement and disability
• Maintenance and cure under the Jones Act
• Funeral and burial expenses for wrongful death

What Is the Average Barge Injury Settlement?

The average payout for barge accidents is $1,550,266, with payouts ranging between $7,500 and $11,695,136. The median payout is $681,372. Your compensation will vary based on liability, injuries, evidence, and insurance policies. 

Example Cases Filed in Cook County

Anthony Fonte, a union ironworker, was manning a jon boat tied to a construction flat below the Adams Street Bridgein downtown Chicago. His role was to monitor his fellow ironworkers on the bridge above and provide immediate assistance if a worker fell. The boat was rammed by a floating barge, causing him to fall from the jon boat and land on the construction flat. As a result of the boating accident, he tore his right rotator cuff. A jury awarded him $8,055,000.00. 

Laura Gonzalez was a housekeeper on a barge who suffered several injuries while performing her duties for dredge workers. She sued the barge owner, Weeks Marine, under the Jones Act, alleging failure to comply with federal law and unseaworthiness. The company argued that the Jones Act did not cover her because she was not an injured seaman. A jury disagreed and awarded her $970,000.00. 

Why You Need a Barge Accident Lawyer

Maritime law is highly specialized and significantly differs from the typical workers’ compensation that injured workers in other fields may secure. Investigations involve vessel logs, federal maritime law regulations, crew member training reports, and Occupational Safety and Health Administration (OSHA) accident reports. 

Barge owners, shipping companies, equipment manufacturers, and cruise ship operators may all be implicated, making liability determination more complex. Additionally, insurer adjusters and employers will aggressively refute their liability, making it essential that you have skilled legal representation by your side. 

Our attorneys have in-depth knowledge of barge work and admiralty law, ensuring that you have the highest chance of fair compensation. We will collect evidence demonstrating liability, help you navigate the claims process, and ensure that all liable parties are forced to pay their fair share. 

We assist injured workers across Illinois, from Chicago docks to the inland shipping routes along the Mississippi, Calumet, Fox, and Illinois rivers. 

How Common Are Barge Accidents?

Since 2000, 184 maritime crew members have died nationwide, with 44% dying due to falls into water. Asphyxiation was the second most common cause of death at 18%. 

OSHA reports that since 2020, there have been three accidents in the Chicago region, two of which were fatal. 

Where Do Barge Accidents Happen Most Often in Illinois?

Any waterway can be dangerous, but high-traffic areas are more prone to barge accidents. Common locations for these maritime accidents include:

• The Port of Chicago
• Calumet River barge docks
• Mississippi River lock and dams, particularly near Alton
• The Joliet shipping corridor 
• Illinois River between Ottawa and Peoria
• Industrial sites in East St. Louis and Granite City

What Laws Apply to Barge Injury Cases?

The Jones Act is the primary law handling injury claims for barge accidents (46 U.S.C. § 30104). Unlike workers’ compensation, this is a negligence-based system, meaning that you must prove that another party was primarily responsible for the accident.

However, the Jones Act only applies to seamen, who are those who are engaged in work on a seaworthy vessel. They must work on the vessel and contribute to its overall mission. Those who work on docks, barges, and ship repairers are covered by the Longshore and Harbor Workers’ Compensation Act instead (33 U.S.C. §§ 901–950). Like workers’ compensation, this is a no-fault system, so you could be responsible for the accident but still receive fair compensation. 

Federal maritime law is well-established by cases such as The Osceola, 189 U.S. 158 (1903). This case established that vessels and their owners are liable for “maintenance and cure,” which encompasses living expenses and medical costs, if a barge accident occurs due to unseaworthiness or failure to keep and maintain necessary safety equipment. Owners must also pay for lost wages for the length of the voyage.

How Long Do I Have to File a Barge Injury Lawsuit?

The Jones Act has a statute of limitations of three years (46 U.S.C. § 30104). However, if you were injured on a US government-owned vessel, you have only two years to file a claim.

In contrast, the Longshore and Harbor Workers’ Compensation Act has a one-year statute of limitations (33 U.S.C. §§ 901–950). You must contact us immediately so that we can determine which statute applies and begin preparing your case. 

Who Can Be Held Liable for Barge Accidents?

We will carefully analyze your case to determine which parties can be held liable. In Illinois, you can pursue claims against more than one party using the Joint Tortfeasor Contribution Act (740 ILCS 100/2). 

Potential defendants can include:

• Barge operators and employers
• Vessel owners
• Maintenance contractors
• Equipment manufacturers
• General contractors and subcontractors
• Loading crew members and supervisors

Common Defenses in Illinois Barge Injury Cases

Companies will do everything possible to diminish their responsibility and keep you from recovering what you deserve. Thankfully, our skilled attorneys can counter these common defenses using strong evidence and expert testimony. 

Comparative Fault: Illinois uses modified comparative negligence to determine what you can receive in a lawsuit (735 ILCS 5/2-1116). You can only sue for damages if you are less than 50% responsible. Defendants will attempt to pin more blame on you, such as insisting you weren’t following protocols. However, we will demonstrate their negligence using surveillance footage, expert testimony, and witness reports.

No Negligence: The Jones Act requires showing that the defendant was at least partially liable for the accident. The defendant will insist that they had no responsibility. As with comparative fault, we will demonstrate that their actions or inactions contributed to the accident by using incident reports, maintenance records, and witness statements.

Status Challenge: You can only recover compensation under the Jones Act if you are considered a seaman. This status excludes scientific personnel, sailing instructors, and sailing school students. However, it includes anyone who is employed on the vessel in any other capacity. The defendant may attempt to claim that you were not actually employed as a seaman, but we will use employment records, crew logs, and vessel logs to demonstrate your status.

Seaworthiness: You can only sue under the Jones Act if the vessel is considered unseaworthy. Seaworthiness has a broad definition, referring to ships and their equipment being “reasonably fit for their intended use.” Because of this, defendants will argue that defective equipment or vessel damage does not meet this definition. We can collaborate with barge safety experts, mechanics, and other professionals to conduct a comprehensive assessment of the vessel’s seaworthiness.

Safety Protocols Were Followed: Defendants will assert that you were provided with the proper safety equipment and training to fulfill your duties, and therefore, the accident was your fault. Disproving this requires our attorneys to carefully review all safety protocols, onboard equipment, and maintenance records to demonstrate that you were not provided with the correct tools to stay safe.

Assumption of Risk: The maritime industry is notoriously dangerous. As such, employers and other parties may state that the barge worker was aware of the risks and still chose to conduct their duties. However, our personal injury law firm will show that the barge accident was outside the bounds of acceptable risk, and they are therefore liable. 

How to Strengthen a Barge Accident Claim in Illinois

You must act quickly to preserve your health and protect your legal rights. Follow these steps as soon as possible.

• Report the injury to the barge owner or your employer. Ensure that you receive a written copy of the report. 
• Seek immediate medical care from the closest emergency room. Follow all doctors’ orders and document your recovery to demonstrate continuity of care. 
• Gather evidence, including photos of the accident scene, the vessel, and malfunctioning equipment.
• Secure contact information for any witnesses, such as fellow barge workers or contractors. 
• Identify any previous incidents or OSHA violations, if possible. 
• Preserve vessel logs, employment records, medical records, and safety records.
• Keep your footwear, clothing, and PPE worn at the time of the barge accident so that our attorneys can prove that these did not play a significant factor in the accident. 
• Do not speak to third parties like insurance companies without experienced attorneys at your side.
• Contact IL Work Injury Lawyer as soon as possible for a complimentary consultation.

How Our Illinois Barge Accident Attorneys Can Help

Our law firm provides compassionate, comprehensive service that protects your legal rights while giving you the best possible chance of full compensation. When you work with us, you can expect us to assist with the following tasks:

• Identifying all liable parties, including vessel owners, barge owners, and employers.
• Establishing liability through careful investigation into maintenance records, OSHA violations, vessel logs, crew manifests, and incident reports.
• Filing all necessary claims depending on applicable state or federal laws. 
• Investigating seaworthiness by consulting with maritime experts and conducting independent reviews.
• Aggressively negotiating with liable insurance companies for a full and fair settlement.
• If necessary, representing you at trial at the Circuit Court of Cook County, federal court, or another jurisdiction. 

FAQs

How much does a barge injury lawyer cost?

We work on a contingency basis, so there are no fees unless we win. Our legal fees are instead deducted from your settlement. 

Can injured maritime workers file a claim if they were partially at fault?

Yes. Even slight employer negligence can result in recovery. The law works on comparative negligence, which means that while you can file a claim, your compensation may be reduced by your percentage of blame. 

What’s the difference between the Jones Act and workers’ comp?

Unlike workers’ compensation, which is a no-fault system, these claims require you to prove negligence on behalf of another party. You must demonstrate that the defendant was liable through actions like failing to provide proper equipment, not maintaining the vessel for seaworthiness, or not properly training barge workers to handle accidents. 

Additionally, this law only covers seamen, meaning those who are employed on the vessel and working to support its mission. This excludes those who work on shore, as they are covered by the Longshore and Harbor Workers’ Compensation Act. 

The Longshore and Harbor Workers’ Compensation Act works similarly to workers’ comp in other fields. It is a no-fault system, meaning you do not need to demonstrate negligence by any party to have your medical expenses and lost wages covered. 

What if my injury happened onshore while working on a barge?

You may still be covered under maritime law or the Longshore and Harbor Workers’ Compensation Act. Contact us so we can conduct a case review and determine which statutes apply to your situation. 

Consult an Experienced Barge Accident Attorney

If you or a loved one was injured while working on a barge, contact our team at IL Work Injury Lawyer. Our top-rated barge injury lawyers fight for maximum compensation in Jones Act and maritime claims across Illinois. There’s no fee unless we win. Schedule your free consultation today.