The Merchant Marine Act of 1920 or the Jones Act was enacted by federal legislators in order to fill the gap in employment law when it came to protecting seamen against work-related injuries. Prior to the Jones Act, a seaman was not entitled to workers’ compensation under any federal or state when they get injured even when it was caused by the employer’s negligence. One of the ways that a seaman can recover damages is if the vessel is proven to have been unseaworthy.
A maritime employer is required under the Jones Act to provide their workers with a workplace that is reasonably safe and must take ordinary care to keep the vessel in good shape. According to the website of maritime law firm Ritter & Associates, there are strict guidelines that an employer must follow in order to avoid liability for even the slightest indication of an unsafe workplace. These include but not limited to:
Under the Jones Act, the burden of proof on the plaintiff is much lighter. Under a standard personal injury case, the defendant is only help liable if their negligence is the proximate or main cause of the injury. In maritime cases invoking the Jones Act, the plaintiff merely has to prove that the defendant was at least partially responsible for the injury, no matter how slight.
When a plaintiff claims unseaworthiness of the vessel on which the injury occurred, it refers to the definition under maritime law which refers to a vessel that is not a safe place for the seaman to work. This may be due to the environment or the lack of suitable and safe equipment with which to do their work. The vessel need not be in danger of sinking or unable to set sail to be deemed unseaworthy under maritime law.
Under the Jones Act, the ship owner has the absolute and sole duty to maintain a seaworthy vessel for the safety of the crew. Failure to fulfill this duty renders the ship owner liable for a maritime injury lawsuit.
Taking legal action is a good option if a personal injury has significantly impacted your life. Personal injury cases are quite common. If you are injured, there is a possibility that you are owed some form of compensation. The tips below should offer some insight into your situation.
Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.
Seek medical attention. If you find yourself injured, see a doctor as soon as possible. In addition to being good health advice, you will need the doctor’s diagnosis and paperwork from your visit as evidence. Make sure you document everything, and keep copies for yourself. Failing to get medical attention after an accident or injury can actually reduce the award amount in a personal injury case.
There is no rush, so slow down when seeking out a personal injury attorney. Take your time and check out all of your options. According to the Pohl & Berk website, you should do your research, both in person and online. The more time you take to select the best lawyer, the more likely you are to truly get the best.
Bring all of the necessary paperwork to your initial consultation as this is very important for your personal injury lawyer to develop a solid case. Make copies of each of these documents too, as you will want to have one just in case. This puts you in the best position to team up with your lawyer and win.
You may find that winning a personal injury case can help you to be less stressed out because you’ll be able to afford your bills. Being able to free yourself of the financial burden the accident has caused is quite liberating. Use the above advice to make sure they are held accountable so you can receive the money you deserve.
Bed sores sound painful, and they are not only that, they also look a little funky. But calling it dangerous is an exaggeration, surely? After all, how bad can constantly lying in bed be? As it turns out, it can get pretty bad.
The medical terms for bed sores include pressure sores, pressure ulcers, and decubitus ulcers. As you can probably discern, bed sores are skin lesions mostly caused by constant pressure on bony or cartilaginous areas of the body when a patient does not shift position i.e. comatose. It can also be aggravated by constant friction, high humidity, incontinence, and some medications. The most commonly affected parts are the knees, pelvic area, ankles, and elbows.
Prior to 1950, when a British nurse discovered that the best way to treat and prevent bed sores was to turn the patient over every two hours, bed sores were a major cause of deaths for at-risk hospital patients. Even with modern medicine and healthcare practices, however, bed sores continue to be one of the top causes of unexpected deaths in the US.
According to medical professionals, it is almost impossible to prevent bed sores from starting for patients who are bedfast and unable to change position without assistance even with competent nursing care. If that is the case, nursing homes in Texas should not be held liable for at-risk residents developing bed sores.
The negligence does not typically lie in the fact of bed sores developing per se but for the failure of staff to follow protocol to prevent it for residents with mobility problems and the failure to arrest the progress of the condition, which past the early stages can go very rapidly and can be very difficult to treat. Severe cases of bed sores not only affect the skin but the tissue and bone in the immediate area, which in turn can lead to fatal infections.
If a family member is a resident at a nursing home in Texas and has developed bed sores, you should inform the nursing home administration about it so that they can take action. If they fail to do anything and the condition worsens, you should pull out your relative if possible and file a case against the facility for negligence with the help of a competent Texas nursing home abuse attorney.
Would you ever consider parking you car where the space available is just enough for its size? Well, I guess if you have no intentions of getting out, then you probably would consider. If you’re driving a Ford, however, this scenario will never be a concern; for even in very tight spaces you can park your car – that is, by getting out first and letting it park by itself.
This latest technology, which many hope would be standard equipment in Ford cars still to be released this year, is the Fully Assisted Parking Aid (FAPA). It scans parking areas for available spaces through the use of ultrasonic sensors. As soon as it spots a parking space the device alerts the driver, who may then get out of the car and go on to park his/her car using a remote control.
The remote control will enable the driver to steer, brake, accelerate and switch gears until the car is parked, rear first (there is no clarity yet if the car is capable of head-in parking, a requirement in some US communities).
This remarkable parking capability is not the total icing on the cake, though, for with it is Ford’s Obstacle Avoidance technology, which either automatically stops the car or makes the car steer around pedestrians or slow-moving cars to avoid accidents. This is done through the aid of a camera, which can scan up to 660 feet or 200 meters of space ahead, ultrasonic sensors and three radar units.
It is said that an ounce of prevention is worth a pound of cure. Family medicine, which in earlier times referred to what a general practitioner (GP) handled, is a specialty that aims to promote the general health of all members of the family and to prevent disease. It is a continuing process which emphasizes preventive care in the community and in the family setting.
Back in the day, the family doctor went from house to house to do general check-ups and administer vaccinations and immunizations as needed, and to treat disease such as colds, flu, most childhood maladies which do not require hospitalization or a specialist. Currently, GPs in the U.S. no longer do house calls but instead families troop into family health clinics for primary health care.
It is no secret that health care costs are rising, and the U.S. is in crisis because of the problem of the costs of caring for its citizenry. It is estimated that the U.S. spends more on health care per capita than any other country, and yet the quality of the health care ranks last among the developed countries. There is thus a greater emphasis on preventive health care, which will lower overall health care costs in the country by at least $4 billion annually. Currently, the average American will spend more than $8,000 a year for treatments and hospitalization.
The importance of family medicine cannot be overstressed, and yet most people do not see the value of it until they get sick. Many of the chronic diseases that plague Americans today can be traced back to a lack of general preventive care. This includes heart problems, diabetes, back pain, obesity, and liver diseases. The costs of having regular primary care for the family from a qualified GP will be offset multiple times by savings from expensive treatments and hospitalizations in the future.
There has been an observed increase in overtime claims in the U.S. as the economy took a downturn. There are two possible reasons among several for this increase that makes a lot of sense. One is that as money gets tighter, employers seek to recoup some of their losses by saving on labor. Another is that because overtime laws are complicated, many employers have a hard time understanding them, though they are willing to comply.
An article on the Habush Habush & Rottier S.C. website points out that employment laws in the U.S. affords considerable protection to employees for unpaid overtime. Employers who deliberately set out to shortchange their employees become liable for damages in civil litigation. However, claimants would need qualified legal representation to present their cases effectively because the relevant laws are complex, and open to interpretation. An experienced lawyer would be able to cite relevant case studies to support unpaid overtime claims.
In cases where employers inadvertently compel employees to render unpaid overtime due to an incomplete or incorrect understanding of overtime laws are often caught unawares when sued. It is true that some laws presume a clarity of circumstances that no longer currently applies. For example, it is estimated that up to 80% of employers in the U.S. are not in compliance with the Fair Labor Standards Act (FLSA), which is the basis for state overtime and other employment laws. This is because the FLSA was enacted in 1938 at a time when there was a clear distinction between what is a manager, an hourly employee, salesperson, and administrator which no longer exists today. However, ignorance of the law is not a defense, and employers remain liable for failing to get the necessary training to understand the fine distinctions that will keep them out of civil litigation.
When you work more than you expected, you should be fairly compensated. Unpaid overtime is a violation of employment laws, no matter the reason, and as such is subject to litigation. With the help of a qualified lawyer, employees can get the back pay they deserve.
Every time a vehicle hits the road, an accident is a very real possibility. According to the website of the Abel Law Firm, a car accident happens once every 8 seconds. Vehicles are potentially dangerous, which is why drivers are required to have a license to operate them. This is especially true when it comes to big rigs; the thing is with an 18 wheeler accident, the damage to people and property tend to be serious.
There were about 270,000 truck accidents in the US in 2011, with more than 3,000 fatalities and 60,000 injuries. It would be safe to say that for crashes involving an 18-wheeler and a car, the occupants of the car would be worse off than the truck driver, which is why it is important to give any large trucks in the vicinity a wide berth.
While truck drivers are professionals and strictly regulated, driver error is still the top reason for truck accidents. This includes distracted driving, no-zone accidents, errors in distance estimation, speeding, and braking errors. Some accidents occur through acts of sheer negligence such as intoxicated driving, exceeding hours of service, and malfunctioning vehicles due to poor maintenance. While the fault may be the truck driver’s, the ones who pay the highest price in terms of bodily harm are the occupants of the other vehicles and hapless pedestrians.
Liability for acts of negligence by a truck driver which results in car-truck accidents or pedestrian-truck accidents that lead to serious injury or death is shared by the driver and owner of the truck in varying degrees. It is up to a competent personal injury or wrongful death lawyer to correctly determine the proximal cause of the accident, which parties may be liable, and to prepare the case for litigation. In some instances, the auto manufacturer and other parties may also be found liable for an accident.
Recreational fishing is a popular sport in the U.S., but it is also considered a pleasant way to commune with nature and relieve stress. It is possible to go fishing without a boat, or boat fishing using a dinghy, rowboat, raft or even a kayak, but if an enthusiast wants an adventure, nothing beats offshore fishing.
Offshore fishing involves moving out into open water, which is considerably more dangerous than inshore fishing, where the water goes no more than 30 meters deep and are much more predictable. Offshore fishing requires considerable knowledge of weather patterns and navigation, and it is not recommended for beginners. Offshore fishing also requires a much bigger and better equipped vessel than a rowboat, and this is where luxury yachts for fishing come in.
A fishing yacht for offshore fishing are often bigger and hardier than the typical sailboat because it is expected not only to weather storms but to haul in large game fish, so heavy tackle is also needed. Boats designed for recreational fishing are designed to have open cockpits at the stern to make hauling in fish easier.
Fishing vessels in general used to be made of wood, but because of high maintenance costs of wooden vessels, fiberglass is used today instead. Recreational fishing vessels are also multi-purpose; they may be used for other purposes than fishing, and the luxury yachts are good for simply touring the waters and having parties.
A recreational fishing yacht need not be expensive; there are custom-built yachts for any budget. Luxury yachts, however, are often a good investment for the enthusiastic and experienced fisherman because it is not only sturdier it is also easy to sell if it is well-maintained. While a custom-built recreational fishing yacht may be desirable for some, there are brokerages that handle yachts for sale for those who are in a hurry or do not feel the need for a customized vessel. These brokerages can also handle negotiations for the maintenance and mooring of these luxury yachts for fishing.
Every couple has marital problems; it is part and parcel of two basically different people living together in close proximity over a period of time. There is always something irritating or annoying about the other person that you just can’t seem to get used to, and it does not even have to be a major thing. More marriages fail from leaving the toothpaste cover off than infidelity. But most marriages get into trouble mainly because of one thing: failure to communicate.
Most marital problems stem from poor communication skills of one or both spouses. A qualified marriage counselor would be able to weed out the chaff of the myriad problems of a couple ranging from their sex life to money management to get at this basic flaw in the relationship. It is not only what is not being said, but the way it is being said. Sarcasm, insults, and criticism are often counterproductive in getting desired results when applied in a relationship. It is very difficult to listen and be open to what the other person if saying if you feel resentful or defensive.
On the other hand, refusing to engage or hiding behind a wall of indifference can also lead to misunderstandings and estrangement. It is important for couples to communicate effectively in order to forge a strong bond that will carry them through trials and tribulations, big and small. For those having difficult in achieving this, marriage counseling would be the answer.
However, admitting that one needs help does not always come in a timely manner. A lot of couples seek marriage counseling too late in the day when the relationship is beyond salvage. It can also happen that a couple had irreconcilable differences, and should never have married. For these couples, the only way out is to cut their losses and seek divorce. It may be a difficult decision, especially when children are involved, but there are some situations when relationships actually improve all around after a divorce has been finalized.
If you are having marital problems and have doubts about continuing your relationship, consult with a qualified marriage counselor who will be able to provide you with a clear picture of what is going on. Find a divorce lawyer who can help you at http://www.bbattorney.com/
Conditions that qualify for Social Security Disability (SSD) benefits are outlined in what is known as the Blue Book, which is divided into Part A (Adult Listings) and Part B (Childhood Listings). For adults, there 14 sections in the list of impairments, and one deals with Malignant Neoplastic Malignancies (Section 13.00). Neoplasms are abnormal mass of tissue growths, so in other words this section deals primarily with cancers, but not including those cancers associated with human immunodeficiency virus (HIV), which are found in Section 14.00.
What is included under Section 13.00 is mesothelioma, a cancer associated with exposure to asbestos. Mesothelioma or more specifically malignant mesothelioma is often mistaken for lung cancer, but it is actually a completely different type of cancer wherein the abnormal growth of cells is in the lining of organs, called the mesothelium. It is often mistaken for lung cancer because the growth typically starts in the pleura, which is the lining of the lungs, although it can also easily start in the abdomen, testicles and heart.
Individuals diagnosed with mesothelioma may qualify for SSD from the early stage onwards, and the standard review process of the Social Security Administration (SSA) applies. According to the Chris Mayo Law Firm’s website, this can be a long, complicated process that can end in denial if the claimant fails to present the proper documentation. However, because there are certain types of mesothelioma, specifically peritoneal and pleural mesothelioma, that are particularly virulent, the SSA applies an expedited review process called Compassionate Allowances (CAL) program so that benefits may be granted faster, although complete documents are still required.
To qualify for SSD benefits, the claimant must have the cancer originate or metastasize in the pleura, or if the cancer is elsewhere in the body not be controlled by any cancer medication or therapy. The records must include a biopsy or operative report or any hospitalization or physician report summarizing the type and extent of the cancer. It is rare for individuals diagnosed with mesothelioma to be denied SSD benefits; in most cases it is because the medical records were incomplete.
For a successful application for SSD benefits, it is recommended that a knowledgeable legal representative prepares the documents. This will ensure that all the necessary bases are covered and avoid delays in approval, which individuals with malignant mesothelioma can ill-afford.