The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal act that provides protection to injured workers in occupations traditionally considered "maritime employment". It was created in part to fill gaps between the Jones Act and states' workers' compensation laws, and is administered by the U.S. Department of Labor.
The act was passed by Congress in 1927 and originally provided protection to longshoremen who worked on U.S. navigable waters and who were not covered by workers' compensation. In 1984, the bill was substantially expanded to apply to virtually all longshore and harbor workers in the U.S. Eligible workers include those who:
* Load, unload, build, repair or disassemble marine vessels
* Work on or in navigable waters
* Work on the waterfront in activities that support a shipping operation
* Are employed on fixed oil and other platforms on the Gulf of Mexico, the continental shelf, and elsewhere
Unlike the Jones Act, the LHWCA may provide benefits to injured seamen without having to show negligence or fault on the part of his or her employer. Benefits include:
* Temporary and permanent disability compensation
* Long-term medical treatment
* Rehabilitation services
* Job retraining
* Death benefits
Saturday, May 9, 2009
Jet Ski Accident Lawyers
The number of personal water craft (PWC) off our shores and in our waterways has increased considerably in the last decade, creating serious logistical and safety problems.
More commonly known as jet skis, many PWCs are able to reach top speeds of well over 65 mph, often making jet ski injuries quite serious. Their shallow draft design also allows them to be operated close to shore and in shallow water, further compounding their potential danger.
In addition to being fast, jet skis are small and maneuverable, making them deceptively easy to use. To operate a jet ski, you only need to get on board, start it, and turn the throttle. But some studies estimate that approximately 60 percent of jet ski accidents involve operators with less than 100 hours of experience.
Despite its many dangers, even inexperienced drivers are frequently encouraged to operate jet skis, often without any real words of caution or training.
In order to prevent an enjoyable recreational activity from becoming a tragedy, there are some common sense tips that all jet ski operators should follow:
* Do not operate a PWC under the influence of drugs or alcohol. Besides impairing reaction time and judgment, some states share their jurisdiction concurrently with Federal laws, and many have provisions allowing intoxicated boaters to be taken into custody.
* Read the owner’s manual and familiarize yourself with the controls and features of the vessel.
* Take at least one lesson on the vessel’s usage.
* Be aware of your surroundings. Watch for swimmers and other jet skis and watercraft. Collisions are the most common type of jet ski accident.
* Try to minimize distractions. If towing a skier, a passenger should observe the skier.
* Do not operate a jet ski at night or when dark out.
* Keep clear of swimming areas and away from sailboats, canoes, anglers and wildlife.
* Wear an approved personal flotation device. Preferably wear sneakers or deck shoes, gloves, a wet suit and eye protection against water spray and debris. Attach a whistle to your life jacket to summon help if needed.
* Check fuel lines for leaks or signs of wear or cracking.
* If your jet ski capsizes, follow the following procedure:
* Swim toward the jet ski to reduce the chances of other boats hitting you.
* If there is a re-boarding handle, grab it first with one hand and place the other hand on the back of the vessel for leverage. Otherwise place both hands on the back of the craft.
* Give a thrust, or “flipper kick”, to project yourself onto the jet ski while pulling yourself up with your hands. It is easier to do this if it is done quickly.
* If the jet ski begins to tilt, place some of your weight on the opposite side to balance the vessel. Try to get in a “catcher” position.
* Sit on the jet ski while holding the handlebars for additional leverage. DO NOT REATTACH YOUR SAFETY LANYARD until you are ready to go!
More commonly known as jet skis, many PWCs are able to reach top speeds of well over 65 mph, often making jet ski injuries quite serious. Their shallow draft design also allows them to be operated close to shore and in shallow water, further compounding their potential danger.
In addition to being fast, jet skis are small and maneuverable, making them deceptively easy to use. To operate a jet ski, you only need to get on board, start it, and turn the throttle. But some studies estimate that approximately 60 percent of jet ski accidents involve operators with less than 100 hours of experience.
Despite its many dangers, even inexperienced drivers are frequently encouraged to operate jet skis, often without any real words of caution or training.
In order to prevent an enjoyable recreational activity from becoming a tragedy, there are some common sense tips that all jet ski operators should follow:
* Do not operate a PWC under the influence of drugs or alcohol. Besides impairing reaction time and judgment, some states share their jurisdiction concurrently with Federal laws, and many have provisions allowing intoxicated boaters to be taken into custody.
* Read the owner’s manual and familiarize yourself with the controls and features of the vessel.
* Take at least one lesson on the vessel’s usage.
* Be aware of your surroundings. Watch for swimmers and other jet skis and watercraft. Collisions are the most common type of jet ski accident.
* Try to minimize distractions. If towing a skier, a passenger should observe the skier.
* Do not operate a jet ski at night or when dark out.
* Keep clear of swimming areas and away from sailboats, canoes, anglers and wildlife.
* Wear an approved personal flotation device. Preferably wear sneakers or deck shoes, gloves, a wet suit and eye protection against water spray and debris. Attach a whistle to your life jacket to summon help if needed.
* Check fuel lines for leaks or signs of wear or cracking.
* If your jet ski capsizes, follow the following procedure:
* Swim toward the jet ski to reduce the chances of other boats hitting you.
* If there is a re-boarding handle, grab it first with one hand and place the other hand on the back of the vessel for leverage. Otherwise place both hands on the back of the craft.
* Give a thrust, or “flipper kick”, to project yourself onto the jet ski while pulling yourself up with your hands. It is easier to do this if it is done quickly.
* If the jet ski begins to tilt, place some of your weight on the opposite side to balance the vessel. Try to get in a “catcher” position.
* Sit on the jet ski while holding the handlebars for additional leverage. DO NOT REATTACH YOUR SAFETY LANYARD until you are ready to go!
Maritime Attorneys - General Maritime Law
Modern maritime law is a combination of ancient rules that originated in early Mediterranean seafaring nations and newer laws. It covers anyone who engages in activities on the water in the event of injury.
A seafaring vessel is generally subject to the territorial jurisdiction of the waters it traverses, regardless of its nationality, the nationality or residence of its owners, or whether or wherever it may be registered. When a vessel is arrested, it is usually by the court to retain jurisdiction. State owned vessels are typically immune from arrest.
In most common law countries, English statutes and case laws are followed. Countries that do not follow English statutes and case laws often have established maritime courts that decide international cases. Principles of maritime law that may be addressed include:
* Injuries to seamen and passengers (seaworthiness, maintenance and cure, and common law negligence against a third party)
* The shipowner's liability
* Maritime liens and mortgages
* Cargo claims
* Treasure and other kinds of salvage
A seafaring vessel is generally subject to the territorial jurisdiction of the waters it traverses, regardless of its nationality, the nationality or residence of its owners, or whether or wherever it may be registered. When a vessel is arrested, it is usually by the court to retain jurisdiction. State owned vessels are typically immune from arrest.
In most common law countries, English statutes and case laws are followed. Countries that do not follow English statutes and case laws often have established maritime courts that decide international cases. Principles of maritime law that may be addressed include:
* Injuries to seamen and passengers (seaworthiness, maintenance and cure, and common law negligence against a third party)
* The shipowner's liability
* Maritime liens and mortgages
* Cargo claims
* Treasure and other kinds of salvage
Cruise Ship Accident Attorney
Cruises have become the fastest growing segment of the vacation market and one of fastest growing segments in the travel industry. Over 5 million people enjoy pleasure cruises each year.
But in spite of their success, several cruise lines have come under fire recently for poor shipboard sanitation and safety practices. Carnival Cruise Lines has recently experienced high profile incidents including fires and allegations ranging from petty theft to sexual assault aboard their ships.
The pleasure cruise industry has experienced 24 major accidents since 1979 in which 11 people were killed and 186 seriously injured, costing over $140 million in damages. The most common causes of injury aboard cruise ships are slip and fall accidents, food poisoning, medical malpractice, fires and assaults.
Cruise lines have become quite adept at limiting their liability for these types of injuries. This is done in part through the use of fine print on passenger’s tickets. These tickets contain disclaimers and time limitations on when someone may file a lawsuit. Some cruise lines require that they be notified in advance of any suit.
By requiring further that lawsuits be filed in ports of embarkation, the cruise industry knows that most passengers will be reluctant to travel long distance for a trial. Also, by registering their ships outside of the U.S., many American based cruise lines attempt to avoid U.S. government standards.
But in spite of their success, several cruise lines have come under fire recently for poor shipboard sanitation and safety practices. Carnival Cruise Lines has recently experienced high profile incidents including fires and allegations ranging from petty theft to sexual assault aboard their ships.
The pleasure cruise industry has experienced 24 major accidents since 1979 in which 11 people were killed and 186 seriously injured, costing over $140 million in damages. The most common causes of injury aboard cruise ships are slip and fall accidents, food poisoning, medical malpractice, fires and assaults.
Cruise lines have become quite adept at limiting their liability for these types of injuries. This is done in part through the use of fine print on passenger’s tickets. These tickets contain disclaimers and time limitations on when someone may file a lawsuit. Some cruise lines require that they be notified in advance of any suit.
By requiring further that lawsuits be filed in ports of embarkation, the cruise industry knows that most passengers will be reluctant to travel long distance for a trial. Also, by registering their ships outside of the U.S., many American based cruise lines attempt to avoid U.S. government standards.
Birth Defects
Birth defects occur in approximately eight percent of all children. While many of these birth defects are relatively minor, some can cause lifelong disabilities (cerebral palsy, erb’s palsy, or brain damage) and premature death. In fact, birth defects are the number one cause of death during the first year of life.
A serious birth injury can be detrimental to your child's health and lifestyle. It can also affect relationships with loved ones. If you or your child suffers from a serious birth injury resulting from medical negligence, you may be entitled to compensation.
A serious birth injury can be detrimental to your child's health and lifestyle. It can also affect relationships with loved ones. If you or your child suffers from a serious birth injury resulting from medical negligence, you may be entitled to compensation.
Birth Complications, Birth Injuries
Birth complications may arise from failure to properly date the pregnancy, failure to properly treat prenatal infections, improper prenatal care or medical mistakes during childbirth. Birth complications may also be caused by medical malpractice. Medical negligence in handling birth complications may cause permanent brain damage where a baby is deprived from oxygen, or permanent nerve damage in the neck and arm, such as Erb’s palsy.
Medical malpractice from birth complications occurs when a physician or other health care provider fails to do something for you or your child that other reasonably prudent providers would have done under the circumstances.
Individuals suffering from birth complications or birth injuries caused by the negligence of a doctor or hospital may be entitled to monetary compensation. If you or your child has suffered birth complications or injuries, you should contact an attorney immediately. Please fill out the form below for a free evaluation of your potential birth complications case with an experienced personal injury lawyer.
Medical malpractice from birth complications occurs when a physician or other health care provider fails to do something for you or your child that other reasonably prudent providers would have done under the circumstances.
Individuals suffering from birth complications or birth injuries caused by the negligence of a doctor or hospital may be entitled to monetary compensation. If you or your child has suffered birth complications or injuries, you should contact an attorney immediately. Please fill out the form below for a free evaluation of your potential birth complications case with an experienced personal injury lawyer.
Boating Accident Lawyer
Any injury on or with a boat, ferry, ship or personal watercraft like a jet ski is regarded as a boating accident. There are over 4,000 people injured and 750 killed as the result of boating accidents each year. Of those killed, roughly 80% were not wearing their personal flotation devices at the time of the accident and 70% drowned.
A boating accident attorney should have extensive experience with maritime laws and boat accident lawsuits.
Open motorboat and personal watercraft injury cases are among the most frequent and rapidly rising in number. This is due in large part to increasing traffic in our waterways combined with an increasing popularity of leisure boating.
If a boating accident results in the disappearance or death of an individual or in an injury requiring more than basic first aid, it must be reported to state authorities or the Coast Guard within 48 hours under federal law. The reports are then entered into the Boating Accident Report Database system. If the accident results in property damage over $500, the incident must be reported within ten days of its occurrence.
Among other causes, a boating accident injury can result from collisions with other vehicles or fixed objects, grounding, capsizing, falls overboard, fire, explosion, engine or equipment malfunctions, sinking, skier mishaps and carbon monoxide asphyxiation.
Most boating accident injury cases are due to boat operator negligence. The operator of a boat or vessel is responsible for exercising reasonable care in preventing injury to others, much as is the case with auto or bus drivers. Unfortunately, over 40% of boating accident injury cases involved a boat operator under the influence of alcohol. And among negligent boat operators, over 80% never took a boating safety course.
A boating accident attorney should have extensive experience with maritime laws and boat accident lawsuits.
Open motorboat and personal watercraft injury cases are among the most frequent and rapidly rising in number. This is due in large part to increasing traffic in our waterways combined with an increasing popularity of leisure boating.
If a boating accident results in the disappearance or death of an individual or in an injury requiring more than basic first aid, it must be reported to state authorities or the Coast Guard within 48 hours under federal law. The reports are then entered into the Boating Accident Report Database system. If the accident results in property damage over $500, the incident must be reported within ten days of its occurrence.
Among other causes, a boating accident injury can result from collisions with other vehicles or fixed objects, grounding, capsizing, falls overboard, fire, explosion, engine or equipment malfunctions, sinking, skier mishaps and carbon monoxide asphyxiation.
Most boating accident injury cases are due to boat operator negligence. The operator of a boat or vessel is responsible for exercising reasonable care in preventing injury to others, much as is the case with auto or bus drivers. Unfortunately, over 40% of boating accident injury cases involved a boat operator under the influence of alcohol. And among negligent boat operators, over 80% never took a boating safety course.
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