There are special risks when working on or near barges, such as heavy machinery, changing water conditions, and complicated navigation.
You need a California barge accident lawyer to fight for your rights if you or someone you care about was hurt in a barge accident.
We at the Law Offices of Charles D. Naylor have much experience with maritime injury cases, including those involving barges. This will make sure you get the money you deserve.
Why Trust The Barge Accident Lawyers at the Law Offices of Charles D. Naylor
Picking the right lawyer can make a big difference in a claim for a barge accident.
Our California barge accident lawyers have decades of experience in maritime law and focus on complex cases under the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), and general maritime law.
We know that injured barge workers face unique problems, whether they are deckhands, crane operators, tugboat captains, or civilians who happen to be there.
We use our extensive knowledge of barge operations, federal laws, and vessel maintenance protocols to build strong cases.
Our team’s credentials include:
Seasoned Maritime Attorneys:
Each of our attorneys has successfully tried numerous barge accident cases to verdict, securing substantial verdicts and settlements for clients.
Client-Centered Approach:
We prioritize clear communication, keeping you informed at every step—from investigation to trial or settlement negotiations. See what our clients say on our testimonials page.
Comprehensive Resources:
We enlist top maritime experts—including marine engineers, accident reconstructionists, and safety consultants—to establish liability and calculate damages accurately.
Proven Track Record:
From wrongful death claims to catastrophic injury settlements, our firm has recovered millions for injured maritime workers across California.
When you hire our California barge accident lawyers, you gain a legal team committed to uncompromising advocacy, ensuring negligent parties are held accountable and that your financial and medical needs are fully addressed.
Barge Accidents & Jones Act
The Jones Act, also called the Merchant Marine Act of 1920, lets maritime workers who were hurt because their boss was careless sue for damages.
To be protected by the Jones Act, you must be a “seaman” whose work helps the ship’s mission and who spends at least 30% of their work time on board a vessel in navigable waters. Many people who work on barges, like deckhands, engineers, welders, and crane operators, meet these requirements.
As a California barge accident lawyer, we navigate the intricate requirements of the Jones Act to secure full compensation for injured seamen. Jones Act claims can include:
Medical Expenses:
Hospital stays, surgeries, rehabilitation, medical devices, and ongoing care.
Lost Wages & Future Earning Capacity:
Compensation for wages lost during recovery and reduced ability to work due to permanent disability.
Pain & Suffering:
Non-economic damages for physical pain, emotional distress, and diminished quality of life.
Punitive Damages:
In cases of gross negligence or willful misconduct by the vessel owner or operator.
We look closely at barge deck logs, maintenance records, Coast Guard inspection reports, and eyewitness accounts to find out if someone was negligent, whether it was because of broken equipment, inadequate training, or unsafe working conditions.
Visit our Jones Act lawyer page to learn more about how our team handles these kinds of cases.
Barge Accidents and the Death on the High Seas Act
The Death on the High Seas Act (DOHSA) gives families a way to get justice when a loved one dies in a maritime accident more than three nautical miles from the U.S. coast.
DOHSA lets the dependents and spouses of a barge worker who dies in a transportation accident, like a crew boat crash on the way to the rig, get money for lost financial support, funeral costs, and lost companionship.
If the person who died was a seaman, both DOHSA and Jones Act wrongful death claims can be made.
Our California barge accident lawyers work together on both DOHSA and the Jones Act to make sure you get the most money back:
Wrongful Death (Jones Act):
Marital, parental, and dependent financial losses due to employer negligence.
DOHSA:
Additional non-economic damages like loss of care, comfort, and society.
It takes a lot of experience to follow DOHSA’s strict notice rules and deadlines. We quickly file notices, collect proof of negligence (like operator error or not following safety rules), and fight for grieving families.
Common Accidents That Cause Barge Accidents
Oil barges, cargo barges, and service barges work in tough conditions, often towing several units, going through crowded channels, and lifting heavy loads. There are a lot of situations that can cause barge accidents:
Equipment failures
Malfunctioning winches, faulty mooring lines, defective cranes, or burst hydraulic hoses can cause rig shifting, load drops, or sudden movements, injuring crew members.
Human error
Inadequate training, fatigue, or miscommunication among the crew can lead to navigation mistakes, improper rigging, or unsafe docking procedures. A simple misstep during the tow assembly can have devastating consequences.
Weather and water conditions
Strong currents, high waves, and sudden squalls increase the risk of collisions, rollovers, or deck flooding. A crew member swept overboard by a rogue wave faces severe injury or drowning.
Inadequate safety protocol
Failure to enforce personal protective equipment (PPE), lack of fall protection, and insufficient emergency drills leave workers vulnerable, especially when working at heights on barges or transferring between vessels.
Our maritime attorneys investigate each incident’s root cause. We scrutinize maintenance logs, training records, weather reports, and Coast Guard inspection results to determine negligence under the Jones Act and general maritime law.
Common Injuries That Can Occur From Barge Accidents
Accidents aboard barges lead to a range of life-altering injuries. Common injuries include:
Broken bones
Fractures from falling cargo, swinging crane loads, or slipping on wet, grease-laden decks.
Spinal cord injuries
Resulting from falls from heights, crush injuries, or heavy impacts—often leading to partial or complete paralysis.
Crush injuries
When workers become caught between moving parts, such as a barge colliding with a dock or improper securing of cargo resulting in shifting loads.
Chemical burns
Exposure to toxic chemicals or spills during loading and unloading operations—requiring immediate decontamination and specialized burn care.
Fire burns
Fires erupting from fuel leaks, welding sparks, or malfunctioning engines can lead to severe thermal injuries and inhalation damage.
Herniated discs
Chronic back injuries from repetitive heavy lifting, deck vibrations, or sudden jolts during rough seas often require surgery.
These injuries can be severe, and they can lead to permanent disability, substantial medical bills, and a lower quality of life.
Our California barge accident lawyers work with the best maritime medical experts to record the severity of your injuries, figure out what kind of care you will need in the future, and ensure that your claim fully covers your current and future care needs.
How Are Barge Accident Settlement Claims Compensated?
Compensation for barge accident victims may derive from multiple sources:
- Jones Act Claims:
If you qualify as a seaman, you can sue your employer for negligence or unseaworthiness of the vessel, recovering full damages—medical costs, lost wages, pain and suffering.
- General Maritime (Maintenance & Cure):
Even if negligence cannot be proven, every seaman is entitled to maintenance (room and board) and cure (medical treatment) until maximum medical improvement.
- Death on the High Seas Act (DOHSA):
Provides additional compensation for families of decedents in fatal barge accidents beyond three nautical miles.
- Longshore and Harbor Workers’ Compensation Act (LHWCA):
If you are a dockworker, stevedore, or harbor worker injured while unloading or repairing a barge, LHWCA covers medical expenses and a portion of lost wages. Learn more on our LHWCA page.
- Third-Party Claims:
If a negligent third party—such as a subcontractor, equipment manufacturer, or other vessel—contributed to the accident, you can pursue a separate negligence action.
Calculating a fair settlement requires considering immediate costs—hospital bills, ambulance transport, rehabilitation—and projected future care. Our California barge accident lawyers enlist life-care planners, economists, and pain-assessment specialists to quantify damages precisely, ensuring you are not shortchanged.
Contact the California Barge Accident Lawyers at Law Offices of Charles D. Naylor for a FREE Consultation
Barge accidents demand swift legal action to preserve evidence and protect your rights. At the Law Offices of Charles D. Naylor, our maritime injury attorneys provide personalized, aggressive representation for victims across California’s extensive coastline—from San Diego to San Francisco. We offer a free consultation to evaluate your case, explain your rights under the Jones Act, LHWCA, and DOHSA, and chart a path toward recovery.
Call us today at (800) 555-6789 or fill out our contact form to schedule your no-cost case review. Let us handle the legal complexities while you focus on healing.
Barge Accident Frequently Asked Questions
1. How do I know if I qualify as a Jones Act seaman?
To qualify, you must perform duties that substantially contribute to a vessel’s mission and spend at least 30% of your working time aboard a barge or related vessel in navigable waters. Our attorneys review your work records, job descriptions, and time logs to confirm seaman status.
2. What if I’m not a seaman—can I still obtain benefits?
If you work on or near the barge but do not qualify as a seaman, you may still be covered under the Longshore and Harbor Workers’ Compensation Act if your role falls within LHWCA’s scope (e.g., longshoreman, stevedore). We determine the appropriate legal avenue—LHWCA benefits or a general maritime claim—to ensure you receive necessary compensation.
3. What is the time limit to file a barge accident claim?
Under the Jones Act and general maritime law, you typically have three years from the date of injury to file your claim. However, if you pursue an LHWCA claim, state statutes may differ. It’s crucial to contact our firm promptly to protect your rights.
4. Can I recover punitive damages if my employer was grossly negligent?
Yes. While the Jones Act primarily allows compensatory damages, under general maritime law, punitive damages may be awarded if the employer’s conduct was willful, wanton, or exhibited a conscious disregard for safety. We gather evidence—such as internal memos, safety audits, and expert testimony—to prove gross negligence.
5. How long will it take to resolve my barge accident claim?
The timeline depends on case complexity, injury severity, and the parties’ willingness to negotiate. Simple maintenance-and-cure claims can resolve within months, while full negligence or wrongful death suits may take one to three years to conclude, especially if litigation becomes necessary. Our attorneys strive for prompt, fair settlements but are fully prepared to take your case to trial if needed.
