Law At Work | Gabriel Law

November 16, 2017Business Law, Employment Lawyers, Law At Work

Why Maritime Workers Should Get Familiar with Jones Act Lawsuit Process

The maritime industry is the industry with high injury rates that features a highly dangerous work environment. So it shouldn’t come as a surprise that maritime workers often get injured in their workplace.

Obtaining an appropriate compensation is very important for injured maritime workers. It helps them reimburse for their pain and injuries, which usually implies costly rehabilitation and a number of medical bills. This is why they should understand Jones Act claim process.

What is the Jones Act?

The Jones Act is meant to protect maritime workers who are injured in the workplace, allowing them to sue their employers for injury damages. This law was originally created by the United States Congress in 1917. It was known as the Jones–Shafroth Act or Jones Act of Puerto Rico.

In fact, this act has largely been shaped based on the FELA statute with a goal to entitle crew members and seamen to bring claims against unseaworthiness of their bosses. This way it lets people working aboard a ship or boat seek the fair compensation for any work-related injury caused by their employers’ negligence.

What is the Longshore and Harbor Workers’ Compensation Act?

The Longshore Act (also referred to as the “LHWCA”) is a federal act that determines compensation for injured maritime workers. In many circumstances, this federal law extends to job-related damages suffered ashore. It also covers other employees who are not seamen but work near or on the water, such as harbor workers, longshoremen, and the majority of employees working in shipyards, shipping terminals, or on docks.

Who is Not Covered by the Jones Act and the Longshore Act?

Those working in shipping, offshore drilling, or longshore related occupations make a minority of people using the water. Other water users are covered neither by the Jones Act nor the Longshore Act. These people include:

Fishers
Recreational sailors
River workers
Members of a scientific expedition
Crew members and passengers on cruise ships
First responders

Why are the Maritime Workers Different from Other Workers?

When an injury occurs, ship workers have the legal right to bring a personal injury claim against the employer and seek a compensation. Note that this is not the same type of recompense that applies to other land-based workers when getting injured on the job. Other workers (except railroad workers who are protected under the Federal Employer’s Liability Act) can only get compensation from their employer.

By contrast, the injured seamen are entitled to different types of damages and/or compensation under federal law. They can sue their employer under one of the following three laws:

Jones Act – in case of employer’s negligence
Federal maritime doctrine – for employer’s unseaworthiness
Maintenance and cure – no matter who was at fault for the injury

If you’re injured as a harbor worker, sailor, offshore worker, or longshoreman, keep in mind that you have a legal right to seek a full compensation. That reimbursement should at least cover expenses for your medical care and treatment, as well as two-thirds of your wage on a weekly basis while you’re unable to work.

As you already know, bringing a lawsuit against the employer takes a lot of time and money. This where Jones Act lawsuit loans come in. An easy and fast Jones Act lawsuit loan can help plaintiffs, actually injured maritime workers, pursue their case until they obtain a compensation they deserve.

November 16, 2017Common Law, Law At Work, Law Power

Top 3 Occupational Accidents that Frequently Give Rise to Work Injury Lawsuits

Some jobs are more hazardous than you would think, which is especially true for occupations that involve heavy machinery, inherently dangerous processes, frequent movement, or heavy lifting. Many people don’t give too much attention to working hazards until they get injured. Once an occupational accident happens, the injured employee typically bring a work injury lawsuit against mismanagement or negligence of their employer.

Let’s see three common occupational accidents and how to deal with them.

1. Construction Injuries

Depending on the processes and equipment involved, this kind of occupational accident may include any sort of injury.

Construction injuries usually occur due to the supervisor’s failure to take precautionary measures. This typically happens because some construction companies provide poor-quality equipment and/or unsafe building conditions. Construction workers are also getting injured while performing something their supervisor or manager ordered them to do without providing appropriate guidelines and warnings.

In either of these cases, employees have a good chance of taking legal action against their employer, which results in a job-related injury lawsuit.

2. Heavy Machinery Accidents

People engaged in the road construction, warehouse management, agriculture, factory, and building works are at higher risk for heavy machinery accidents. Occupational accidents that involve heavy machinery may occur in a broad range of forms, from bruises and minor scratches to life-changing and severe injuries.

Oil mining is one of the most dangerous occupations that frequently yields fatal accidents. That’s because it involves a highly hazardous equipment and work environment. The companies that hire oil miners are required to provide well-maintained and safe equipment to their employees. Faulty equipment that is not properly inspected for maintenance or repairs is particularly dangerous to operate with.

If a heavy machinery accident happened because of mismanagement and/or neglect of the employer (actually a supervisor, warden, controller, or any management staff) an injured worker can file a claim. A sufferer should also seek compensation for his suffering and pain when bringing a lawsuit.

3. Restaurant Kitchen Injuries

It could be very dangerous to work in a restaurant kitchen if a manager is negligent regarding safe work environment and instructions. Common injuries that happen in restaurant kitchens include cuts, strains, burns, slip and falls.

The cause of injuries is commonly on the part of the employees who are not careful and cautious. However, sometimes restaurant kitchen accidents happen when an executive chef or manager didn’t provide adequate work material or take the proper precautions. For instance, the kitchen manager can be at fault for slip and fall if he didn’t provide the waiter with non-slip shoes.

Did you know that there’s a law specially created for slip and falls? Anyone who works in a restaurant kitchen should get familiar with this particular law.

Get in Touch With a Lawyer

You should contact a personal injury lawyer if you’ve acquired an injury because of the negligent act of a company or another person (in most cases, it is your manager). That’s particularly true in event of a severe injury that makes you endure pain while working or miss your work for a while.

Unfortunately, many people don’t know that they can obtain a full settlement by bringing a work injury lawsuit against their employer. Remember that contacting an experienced attorney can make a difference between losing and winning your claim. So make sure to visit bruninglegal.com and discuss your case with professionals during a free consultation.

October 10, 2017Law At Work, Type Of Law

Understanding Workers’ Compensation Claims in South Carolina

Unlike the majority of States in America, South Carolina operates a no-fault system of awarding compensation to injured employees. This serves to improve and ease the way in which workers collect compensation in the event of an accident. It can also be seen as a bureaucratic-heavy process with non-negotiable rules that must be adhered to.

Working for the Workers

All compensation claims in South Carolina are handled by workers’ compensation commissioners. Unlike a lawsuit, these cases do not pass in front a judge and are not impacted by judgments of liability or negligence. With worker insurance a mandatory requirement for all businesses with four or more employees, it’s this insurance which will pay the employee’s in the event of an injury.

Accordingly, for any injury incurred by a worker on-site, there’s a set process which must be followed. An accident and any injury caused on site must be reported to a supervisor within 90 days. While medical assistance should be sought at the earliest possible time, it should also be made clearly known to the doctor that the injury is work-related.

Your employer then has a maximum of two years to file a First Report of Injury or Illness form to the State accident fund. If the injury was not caused by misconduct on the victim’s behalf, they can then file for a workers’ compensation package to subsidize any loss of earnings or beneficial medical costs incurred from the accident.

Making a claim

Knowing exactly what you’re entitled to claim is the single most important factor when pursuing a compensation claim. The no-fault system is designed to re-compensate two-thirds of any lost wages. This includes lost earnings already incurred because of an inability to perform your job and any future earnings you expect to lose. The compensation also covers medical bills which directly relate to tending to the recovery of the injury.

What the compensation does not include is any type of award for pain and suffering caused as a result of the accident. Because the case does not go before a judge, there’s also no punitive damages awarded against any negligent party. However, this also includes any negligence on behalf of the person injured who are still entitled to claim financial aid despite potentially being solely responsible for the accident.

Complications

While the compensation process has been simplified in many ways, there are still potential problems you can face in making a claim. a specialized worker’s compensation law firm could help you navigate the traps and pitfalls which lie ahead. These range from correctly filing your claim to dealing with the insurance company themselves. Experienced attorneys can also ensure you receive the full amount to which you’re entitled, both directly and indirectly.

Any accident which involves a third party could open the way for you to take civil action in addition to the regular workers’ compensation claim. If the accident was caused by an outside factor such as independent contractors or faulty equipment, a separate lawsuit can be filed against either the individual, business, institution or manufacturer who is ultimately responsible for the root cause of the accident.