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An Overview of Maritime Accidents Compensation

An Overview of Maritime Accidents Compensation

People who work in maritime vessels do not have access to workers compensation claims like employees who work offshore. According to the website of Williams Kherkher, injured seafarers do not have access to emergency medical care until they are rescued or their vessel is able to return to shore. Fortunately, they can rely on the Jones Act to recover damages due to the negligence of the ship owner, their captain, and other crew who caused their injury.

Under the Jones Act, employers have the following responsibility to their crew:

  • Provide a reasonably safe place to work
  • Use ordinary care under the circumstances to keep the vessel a safe place to work in

The Jones Act

The Jones Act makes the employer liable for any unsafe condition on the vessel which includes grease or oil on the deck, breakage of equipment, improperly maintained equipment, failure to provide crew members with the proper equipment for doing their work, and others. Unlike standard negligence cases, the plaintiff only needs to prove that the defendant was partially responsible for their injury. So even if the owner is only 1% responsible, they can still recover damages.

In addition, maritime law requires employers to provide their vessel crew free medical care and maintenance until maximum medical cure has been provided. Maintenance includes pain medications, prostheses, and disability aids. It also includes basic living expenses while convalescing.

Available Damages

Under the Jones Act, an injured seaman, sailor, or ship worker shall be entitled to the following damages:

Maintenance and Cure

Maintenance is given as a daily stipend or allotment to cover room and board while on recovery. This includes the time the voyage has ended until “maximum cure” has been given. The latter is determined by medical professionals.

Medical cure, on the other hand, includes payments for medical expenses such as medication, treatment, prosthesis, and other medical necessities until “maximum improvement” is reached.

Unearned Wages

Unearned wages refers to the amount of money that would have been earned if the injury had not occurred. It may be until the end of the voyage, the contract, or the end of the normal pay period.

Additional Benefits

The Jones Act allows the granting of additional benefits if it can be proven that there was negligence on the part of the ship owner or another crew member was at fault.

Statutes of Limitations

Under the Jones Act, a lawsuit must be filed within three years from the date of injury.

Retirement Homes, or Senior Apartments: Most Ideal for Healthy Seniors Who Want to Live a Relaxed, Independently Life Again

People work to live and, while alive, they must keep on working. People, however, can never be compared to any mechanical thing, which one can simply switch “on” and “off” to make it work and make it stop working every day, with nothing really changing in it the next day it is made to work again. But if machines or any other thing suffer wear and tear, what more people. It is a good thing that there is what is called “retirement age” for workers – a time to tell them that they have contributed more than enough, that it is time to let younger people become the experts in the job, just like they did when they were younger, and that it is time that they get to spend the rest of the years for themselves.

Some of the ideal ways to spend days after retiring from a job are to go on a vacation, spend quality time with family and then settle down where they can enjoy peaceful and relaxing days, where they can live independently again and manage their own affairs without worry or the need to do anything in a hurry – this is the very experience one can have in a retirement home.

Retirement homes, also called assisted living facilities or senior apartments, are apartment complexes or a set of apartment buildings designed to exclusively house older adults or senior residents who wish to continue living their lifestyles while simultaneously being provided on-site care and support. To allow residents easy navigation and movement, these apartment units have been built, usually, with no stairs and are equipped with safety features, such as a seated shower, grab bars and an emergency call system; every room in each unit is also carpeted, to eliminate risks of slip and fall accidents. A washing machine and dryer are also offered in most units for maximum convenience.

For interaction with other senior residents, retirement homes feature facilities for common use, like social areas and dining quarters; some even have beauty salons built inside. For added safety, medical care (at a level lower than what is offered in nursing homes, though) is also provided to residents.

A website called SeniorAdvice.com shares information about the various types of Retirement Homes that seniors and their families may choose from. According the website, some types of retirement homes include:

Subsidized Senior Housing. These are subsidized senior retirement facilities (apartments or townhomes) that the U.S. Department of Housing and Urban Development (HUD) sanctions and provides for elderly individuals who, due to their low incomes, experience much difficulty in finding a place where they can live.

Retirement Communities. These communities are master-planned, privately-funded facilities, which feature stand-alone structures, private apartments, condos or townhouses. While retirement communities allow individuals to live privately, these also promote a more active social environment. Restrictions in age and income, however, are observed, so that only a certain age group and income group (due to the high monthly fees) are usually accepted.

Congregate Care. These are environments where seniors can live in independent apartment settings, but where they can also enjoy social interaction with the other residents in activity areas, the dining room, or in the central lobby. While there are programs that provide elders with housing assistance in these types of environments, those who can afford the monthly payment rather pay.

Choosing the type of retirement home where a family would allow their senior loved one to stay would be easy but only if they have prepared for this, especially financially-wise. The monthly fee that needs to be paid by a resident depends on which state and style of dwelling a senior and his/her family choose; prices, however, usually range between $499.00 and $3,250.

Making sure that your loved one will be comfortable living independently in his/her own apartment, free from useless concerns or from worry of having an accident, and will be able to enjoy the years still ahead of him/her can be a truly precious gift. To make this, possible, however, families should either have a valid reason to qualify for subsidy or make financial preparations as early as they can.

Am I at Risk for Blood Clots?

Risk for blood clots is often alerted during long haul flights on airplanes – long haul flights being ones that are over four hours long in duration. People in a standard position without physical stimulation have a high chance of developing one of the most dangerous kinds of blood clots: Deep Vein Thrombosis (DVT).

There are veins that run throughout the body in order to carry out oxygen and blood, thereby sustaining the body with what it needs. However, some veins – like the deep veins in the legs – need to move every few hours in order to stimulate the blood flow. If the blood flow is somehow clogged or disrupted, there is a chance for a blood clot to occur.

When a blood clot occurs in the deep vein, there is the chance that the vein may sever in turn causing internal bleeding. If not treated properly and immediately, this could turn into pulmonary embolism, according to the website of the lawyers with Habush Rottier.

You are more at risk for blood clots if you are obese, pregnant (or post-partum for at least 6 months), or have cancer. Blood clotting is no joke as it can even lead to the amputation of affected areas. There are protective measures in place in order to prevent this from happening such as filters surgically implanted into the inferior vena cava (called the IVC filter) that is designed to catch clots before they get to the lungs and cause pulmonary embolism, which can be fatal (if the clot that reaches the lungs is large enough to sever the blood flow that supports the organ).

It is then of the utmost importance that these protective measures are built, inspected, and implanted with only the greatest care possible. If anything were to go wrong, this must be brought to the attention of professionals immediately.

What Should I Do if I Get Injured at Work?

If you have been injured at your place at work – whether it is your fault, the fault of your employer or due to unforeseen and uncontrollable circumstances (such as the aftermath of inclement weather or natural disasters) – you are entitled to workers’ compensation. This does not, however, include intentional injuries or self-inflicted injuries while on the job. If you are employed, your employer is legally obligated to provide you with the benefits that come with workers’ compensation.

That is why the very first thing that needs to come to mind if you have been injured at work is to file for workers’ compensation benefits. An injury that sustains significant and lasting damage requires immediate attention in order for the injured personnel to acquire the help necessary in order for him or her to recuperate properly. Documentation of the event is one of the most important things to note for a case of this nature, however. Some employers might do everything they can in order to find a loophole so that they needn’t pay out the fees necessary for benefits. It can be intimidating to go against your employer but when it is your right to benefits in question, it is both advised and highly encouraged to defend and fight for it.

According to the website of Williams Kherkher Law, workers’ compensation can branch out into several different kinds of cases. For example, some injuries sustained at work could leave a person either temporarily or permanently disabled. These are matters that then need to be handled with sensitivity and care as the future of the victim of the injury is on the line.

It is then recommended that, when dealing with cases of this nature, an experienced professional is called into the scene in order to give you advice about the given circumstances, should something like this unfortunately fall upon you.

What Should I Do if Someone Injured Me?

First of all, try not to panic. Panic and anxiety are usually caused by troubles or worries about things that haven’t happened yet but you think are going to result into catastrophic, practically world-ending scenarios. It is the best course of action to try and keep yourself thinking logically and rationally.

The best thing to do if someone has injured you is to assess the situation. Is the injury one that can be easily brushed off and forgotten by the morrow’s end or is it something that can completely hinder you from pursuing your profession? If the former, it is probably not worth trying to pursue legal action for. If it is the latter, legal action is a possible course of action due to the expenses that are necessary in order for you to recover from the injury.

According to the website of the Boston personal injury lawyers at the Law Offices of Crowe & Mulvey, LLC, it is important to make sure that your recovery is prioritized instead of allowing worries of the future to make you more anxious than you need to be; getting help that has more experience than you with these matters will make procedures much smoother and less stressful than they have to be, rather than figuring everything out on your own.

Injury that has been caused to the victim’s person – be it a physical, emotional, or mental injury (or even a combination or two or more of these kinds of traumas) – due to accidental or intentional negligence is subject for scrutiny under the justice system through the pursuit of a personal injury case. These kinds of cases can become complicated due to the many factors and variables to consider.

Given the rather vague definition of personal injury, it branches out into several different subsets in which some attorneys have more experience with than others. For example, a Memphis personal injury attorney will know more about how personal injury is handled in Tennessee than, say, an attorney from Long Island, New York. These are the kinds of things that you need to consider if pursuing legal action is something that you need to do, following an injury.

Should I File for a Personal Injury Lawsuit?

A lot of people are becoming more and more aware of their rights and privileges as free citizens of the United States of America. This is a good thing for it allows for citizens to act appropriately and stand up for themselves in cases of abuse or any such other malignant behavior from another person. The matter of personal injury is one that makes itself known a lot and this is where it gets complicated as the answer to the aforementioned question is not one that is easily answered.

Filing for a personal injury lawsuit is no walk in the park. After all, coming from the website of the lawyers with Pohl & Berk, LLP, the subject of personal injury is quite vague at a very base level as personal injury simply does mean any injury (physical, emotional, and/or mental) caused upon a victim due to the accidental or intentional negligence of another person can be made to answer to justice through a court of law. However, there is the question as to whether or not it’s worth it to pursue such a lengthy case.

Say, for example, that an old woman accidentally made your nose bleed after hitting you in the nose with the back of her hand, simply because she was gesturing too animatedly. Technically, you could try to press charges against this woman in order to gain favor or compensation. But it doesn’t really work like that as compensation accounts for the trauma and losses sustained by the victim such as, citing the website of the Law Offices of Williams Kherkher, medical expenses as well as lost wages for not being able to go to work following the injury that had been suffered.

Not to mention that pursuing legal action may cause you more stress than necessary, with regard to cases like this. There is no universal law that covers this law and so every state is governed by a specific set of laws regarding personal injury. Lake Charles personal injury attorneys are often capable of understanding these differences better than the average person would.

Many attorneys offer free consultation services before an attorney-client relationship is established, so you may know what exactly you’re getting into.

I Got Injured Because of a Construction Site! What Do I Do?

Construction sites are often intimidating places. Surrounded by workers that wear brightly colored vests and hard hats for their own protection, they work side by side with dangerous equipment every day. Upon employment, they are expected to be able to handle the work load as well as the machinery without being a danger to themselves or to other people. So what if you were injured due to a construction site mishap? Did you know that there are rights that you can rightfully pursue?

If the injury caused to you, personally, has sustained trauma in any capacity (be it physically, emotionally, or even mentally), then it may warrant a personal injury lawsuit. Construction site accidents can happen rather frequently if caution is not exercised well enough and when they happen, according to the website of lawyers Hach Rose, it can happen so suddenly that you never even realized what hit you until it already did its damage. For example, falling debris could break bones or even require for certain parts of your body, like your hands or feet, to be amputated for the sake of saving the rest of you. This can be one of the most stressful situations to be in – and it is not limited to civilians alone.

Workers of construction sites fall under the protection of personal injury laws that deal with accidents of this nature as well. As can be learned from information offered by any Milwaukee personal injury attorneys, employers of construction sites need to make sure that the site is safe to work in and that all appropriate hazards are accounted for in order to make sure that the health and welfare of the workers are prioritized so that the chances for damaging accidents is lessened.

If this kind of caution is not exercised due to laziness or for whatever reason, this can be an act of negligence that can be judged and convicted upon every power of the law, so long as the suffering victims pursue justice for the wrong that has been done to them due to a construction site. If you or someone you know has been injured due to an accident at a construction site, it is recommended that professional legal aid is contacted immediately.

Should I Hire a Pet Sitter While I Go on Vacation?

For a lot of people, their pets are more like members of their family – their own flesh and blood. However, people – as humans – have certain needs and desires where bringing these beloved members of the family just isn’t possible or bringing them along isn’t quite plausible. Perhaps you have to go away on business or for vacation for a number of days. There are several options that are available to you.

There is the option wherein you deposit your pets at a kennel for a few days and allow for them to be cared for with other pets. However, there is the fact that your pet will not usually be allowed to roam freely and will be in a cramped space for as long as you are away since the workers at kennels have to deal with so many animals at a time. According to the website of Walk! ATX, your pet might feel more at ease if it were to be allowed to stay at the place where it is the most comfortable and more relaxed, which is at home.

It can be difficult to find a friend or family member who might stay in your home in order to take care of your pet, however. There are certain services, fortunately, that provide this service as well as other maintenance services such as getting your mail and newspaper subscription daily or feeding the fish and watering the plants, as well as giving your pets the proper care, exercise, and attention that it needs in order to be happy, healthy, and fulfilled while you’re away for any number of days.

Finding someone you trust enough to stay for a time at your home can be quite the daunting task and even more so when you trust them enough with the care of something so precious to you, such as your beloved pet. That is why it is the most important thing to make sure that, if you hire a pet sitting service, you check their authenticity and work ethic through reviews of past customers so you can be at ease just the same with leaving your home and, more importantly: your pet, for any length of time.

Why You Should Take Caution with Morcellators

Surgery can look like a daunting procedure to go through. After all, the image that it immediately brings forth is one of large incisions where different hands and tools would then penetrate your body in order to treat an internal organ or take out abnormal and potentially lethal growths. Of course, then, the option for surgery that requires only a minimal incision as well as a severely reduced recovery time would be a more attractive option if it’s possible. Laparoscopic surgical procedures are then popular for exactly these reasons but there are some procedures, such as those involving morcellation, that could prove to be more dangerous than they are thought to be.

This is the case with three particular morcellators that have recently been recalled by Johnson & Johnson, according to the website of Williams Kherkher, namely: Gynecare Morcellex, Morcellex Sigma, and Gynecare X-Tract.

Morcellators were designed for laparoscopic procedures through suction. A small tube with a sharp point would be inserted into a small incision and, from there comes a sharp claw-like device that protrudes out of the end of the tube, latches on to the non-cancerous growth and siphons it out, piece by piece. The attached camera on the device allows for the given surgeon to be able to spot any small pieces that may have been left behind, allowing for cleaner and sharper precision.

These devices have been used in some hysterectomies, otherwise known as the surgical removal of a woman’s womb for whatever medical reason, but some women who had undergone surgery through these morcellators have then developed uterine cancer or other such malignant, cancerous growth within the body. These kinds of cases came to light only fairly recently, after the insurmountable evidence against the aforementioned morcellators were even recalled. The effects have already caused havoc in the lives of these victims and so the manufacturers should only be made accountable for their faulty devices.

It can be intimidating to file a lawsuit against a corporation as big as Johnson & Johnson and others like it. Your rights, should you have been unjustly injured by their careless negligence, however, need to be fought for so that you may receive appropriate compensation for the damage done unto you.