We received a successful settlement for a 63-year-old vessel captain who suffered a lower back injury while working with a dock hose and dock crew. As a result of his accident, he had a symptomatic disc herniation and degenerative disc disease and had to get a microdiscectomy and steroid injections to relieve the pain. His injury caused him to be restricted from lifting and pushing or pulling heavy weight. The dock crew improperly pulled on the hose without signaling to our client, causing injury to his back. We filed a claim on his behalf for the following negligences:
Breach of a legally imposed duty of reasonable care owed by the Defendant to the plaintiff;
Failure to provide a reasonably safe place to work;
Failure to properly train and supervise plaintiff;
Failure to take any means or precautions for the safety of defendant’s employees, including plaintiff;
Creation and maintenance of an unseaworthy vessel;
Failure to provide minimum safety requirements;
Failure to provide adequate equipment for the job in question;
Failure to provide adequate personnel for the job in question;
Other acts of negligence and unseaworthiness.
No accident report was filed and the captain on duty claimed that our client had not reported the accident. However, through depositions, someone else corroborated our client’s account of the accident. Eventually, we were able to reach an agreement with his company and secure a confidential settlement for our client, one that he was more than pleased with. This amount did not include the payment of his medical expenses which we obtained in addition to the cash settlement.