Barto, McDermott, Jones Act & Seaman

Barto, McDermott, Jones Act & Seaman: A recent case in the United States Court of Appeals, Fifth Circuit ruled on issues dealing with fault and damages.

The Barto, McDermott, Jones Act & Seaman case documents what many workers on a vessel, helicopter, tugboat, ship, offshore, oil rig, oil platform, roustabouts, barge, longshoreman and seaman may face today – an onshore injury, offshore injury or oil rig accident suffered while working on a ship, barge, derrick barge, rigger, tugboat, vessel, helicopter, oil rig, oil platform or offshore that may be a potential admiralty injury, Jones act injury & maritime injury case.

A brief summary of the case:

  • Mark Barto, an employee of Shore Construction, L.L.C., was hurt when he fell while working on a derrick barge operated by McDermott, Inc..
  • Barto sued McDermott under the Jones Act. He also sued Shore for cure under maritime law.
  • Barto was a Jones Act seaman employed by Shore. Shore assigned him to work as a rigger aboard Derrick Barge 50, a derrick barge operated by McDermott.
  • Barto had an accident while he was working on DB 50. The board on which Barto was standing ultimately broke at the notched end, and Barto fell.
  • The district court found that, given that Barto had placed the board so that the notch overhung the frame, “somehow [the board] apparently moved on him as he was working and broke where the pictures depict that it broke, which is on the end where it was notched out.”
  • To find out more on the case, see Case No. 14-31326 – September 29, 2015.
  • The Court ruled: Affirmed but reverse and render on other issues.



Have you been injured in an offshore accident? Offshore injury?

If you have been injured while working as longshoremen, roughneck, roustabout, cruise ship employee, etc., the laws that govern the areas of navigation, shipping, and overseas injuries, known as maritime and admiralty laws, may protect you.

Individuals suffering a Maritime, Admiralty, Jones Act type personal injury (offshore injury, offshore accident, oil rig injury, oil rig accident or injured offshore, mesothelioma) may be entitled to compensation in the form of maintenance payments, lost wages, monies for medical treatment and other damages. These are some of the jobs that may fall under maritime, Jones act or admiralty law:

  • Merchant Marine
  • Longshoremen
  • Cruise Ships
  • Ship Construction
  • River Boats
  • Tug Boats
  • Fish Processing
  • Commercial Underwater Divers
  • Oil Platform/Rig Workers/Roughnecks
  • Casino Boats
  • Helicopter
  • Barge
  • Derrick Barge

For more on admiralty, Jones act and maritime injury cases, please follow this link.


At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been injured while out at sea, injured while on a boat, helicopter or vessel, working on an oil rig platform and are considered a longshoreman, seaman, and need an admiralty lawyer, Jones act lawyer or maritime lawyer to help you file an admiralty lawsuit, Jones act lawsuit or maritime lawsuit, please contact our office at 1.844.329.5955.