Case at a glance
- Recovery: $387,400 Settlement
- Injury: Right shoulder injury; rotator cuff surgery
- Practice: Maritime injuries
- Attorneys: Brian Beckcom
A coworker fell through the working platform
Benito worked as a welder on a dock-construction project in Ingleside, Texas. Much of the work took place on floating platforms beside a crane barge, with sections of grating connecting the work areas.
In his deposition, Benito described a section of grating coming loose beneath his coworker. He heard a splash and saw the coworker’s welding hood in the water. When the man surfaced, Benito grabbed him with his right hand while holding the structure with his left.
Benito called for help and held on until other workers arrived. Together, they pulled the man out of the water. Benito testified that his right shoulder began hurting while he was holding his coworker.
The foreman later confirmed that the coworker had fallen into the water, that Benito helped get him out and that Benito subsequently asked for ibuprofen for his shoulder.
The injury report told a different story
The employer’s incident report did not describe an injury during that rescue. Instead, it said Benito bent at the waist to move a piece of grating with his right arm and felt shoulder pain. It attributed the incident to improper lifting technique and lifting a heavy object without help.
The VB Attorneys team compared that account with the witnesses’ testimony. During the foreman’s deposition, the team examined the report’s claim that Benito immediately described the incident to the foreman, who then reported it to safety personnel.
The foreman testified that Benito had not told him how the shoulder injury happened. He agreed that the report was inaccurate in saying Benito had reported the incident to him and that he had passed that account to safety personnel.
The foreman did not claim to know exactly when Benito’s shoulder was injured. But he could not rule out the rescue as the cause. His testimony gave the team a concrete basis to challenge the employer’s written account rather than accept it as the final word.
Shoulder surgery and continuing symptoms
Benito sought medical care for his right shoulder. An orthopedic surgeon diagnosed a traumatic rotator cuff rupture and recommended repair. Benito underwent shoulder surgery in June 2020.
He continued reporting shoulder symptoms after surgery. He later obtained another orthopedic evaluation and imaging, and received an injection to address ongoing shoulder problems.
Benito returned to work after the injury. That did not eliminate the dispute about his shoulder, the work he could perform or whether he needed further treatment. The parties disagreed about the extent of his recovery and the effect of his injury on his employment.
Brian focused on Benito’s actual work on the water
The employer also challenged whether Benito could pursue the case as a Jones Act seaman. It argued that his claim belonged under the Longshore and Harbor Workers’ Compensation Act instead.
Brian directed the team to investigate the work Benito actually performed and document his connection to the vessels. The team developed evidence about where he worked, the tasks he performed beyond welding and how the crane barge moved as construction progressed.
In a sworn declaration, Benito described working on the same crane barge and its attached floating platforms, rather than performing land-based tasks. He also described helping with transport boats, tying down the barge, bringing materials aboard and cleaning. He said he was aboard when the crane barge moved to new work locations.
Brian personally reviewed the team’s response to the employer’s challenge and pressed the argument that the disputed facts about Benito’s work should be considered by a jury. The case required more than a job title: the team had to explain what this welder did on the water and how that work supported the barge’s mission.
A $387,400 civil settlement
The civil lawsuit resolved for $387,400. The settlement concluded Benito’s claims after the team investigated both the rescue and the dispute over his maritime status.
For Benito, the case began with an effort to help someone else. Pursuing his claim required a closer look at the incident report, the people who were there, his shoulder treatment and the reality of his work aboard the floating construction equipment.
Questions about the case
Related legal help
Learn about maritime injury claims or read about another deckhand injury case.
To speak with VB Attorneys about an injury aboard a vessel, call 877-724-7800 for a free consultation.
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.