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Lake Charles Personal Injury Law Blog

Seaman's rights to maintenance, cure and unearned wages

According to the Cornell Law School Legal Information Institute, maintenance and cure, in brief terms, refers to a seaman's rights to compensation after he sustains injuries on the job. refers to benefits for day-to-day living expenses while refers to medical benefits. Louisiana law requires employers to pay maintenance and cure until the seaman is either to go back to work or has reached a point at which medical treatment can no longer benefit him. FindLaw explains maintenance and cure more in depth, as well as address the topic of unearned wages. 

Seamen, throughout a good portion of the year, live aboard a vessel. When a seaman sustains an injury that keeps him from working, he must find temporary room and board. So he does not have to pay for it out of pocket, maritime law mandates the employer pay maintenance, which should cover the cost of lodging. As of now, the local maintenance rate is between $20 and $30, though many legitimate arguments exist for increasing it.

The link between footwear and car accidents

There are all sorts of reasons why traffic accidents happen, including some which are less common or do not get very much attention. For example, the type of shoes a driver wears could affect their driving, and it may even cause them to lose control of their car. For example, a driver may be unable to hit the brakes in order to avoid a collision because of their footwear, or they may press too hard on the gas pedal.

During the summer months, many drivers wear flip flops, which can be dangerous if their shoes fall off on the road or even become stuck under a pedal. However, footwear that is common in the winter months can also be concerning, such as those who wear very large boots. Moreover, boots may be covered in snow or ice during the winter, which can also affect someone’s ability to drive. Aside from footwear that is common during certain times of the year, drivers may wear trendy or fashionable shoes that are less practical when it comes to driving. For example, someone may not be able to drive as well while wearing high heels.

Blaze ravages Houston petrochemical tanks

A massive fire rages near Houston in Deer Park, TX, at a petrochemical storage terminal. The blaze, which began on Sunday, March 17, has expanded to engulf two adjacent storage tanks.

The inferno started after a tank began leaking flammable naphtha. Toxic smoke could be seen hovering over the region from miles away.

How does rehabilitation help spinal cord injuries?

A spinal cord injury is devastating. Depending on the location of the injury, it could mean you lose the ability to use your legs or it could paralyze you from the neck down. There is no cure or fix for a spinal cord injury. However, rehabilitation can help you to feel and live better. There are many ways that rehabilitation helps and many reasons why your doctor will insist you do it.

According to Burke Rehabilitation Hospital, doing the exercises and physical activities in rehab help you to improve your physical health. It can help you to avoid weight gain and to strengthen the muscles not affected by the paralysis. This in turn allows you to get stronger and compensate for the loss of movement. This then leads to you being able to be more independent because you can relearn skills and how to do things without having to use the parts of your body that are now paralyzed.

What are different types of brain injuries?

The roads in Louisiana can be a dangerous place, especially with the mix of small and large cars, different drivers, and more. In some cases, harm can be disproportionate in a crash because of these factors, impacting you more than another driver of a bigger vehicle. This can lead to severe damage such as brain injury.

FindLaw lists out a number of different types of traumatic brain injuries (TBIs) that a person can suffer from. Some of them are more common for car crashes than others. An example is blunt trauma, which may occur if you hit your head against a dashboard or window. Blunt trauma injuries usually result in either concussions or contusions. With these, your brain will swell and bleed at the point of contact where it smacks into the skull. In some cases - particularly in contusions - clots may form.

What is the most common office place accident?

Of all the workplaces in Louisiana that you would expect to be dangerous, an office would probably not be one of your first responses. However, serious injuries can take place in any workplace, including office buildings. In fact, according to Albert Einstein College of Medicine, offices lead the pack in the number of injuries from falls. Plus, falls are the cause of the most serious office injuries. Overlooking this and thinking an office is a low-risk work place could put you at higher risk of becoming a victim of a fall when at work.

Falls around the office could occur due to many things. Often it is because of crowded areas or walkways that are not clear. You should make sure to be aware of shared spaces. Keep file drawers close to minimize the risk of someone walking into and falling over them. Wet floors also pose a huge risk. Spills or wet spots should be cleaned as soon as they are noticed.

Paying for work-related car accidents

Like most in Saint Charles, you likely make assumptions about certain situations in life. One of those may be that if you are in a car accident, your auto insurance will help pay for your accident expenses. Another may be that workers' compensation will cover the cost of any injuries that you suffer while at work. Yet many come to us here at the Hale Law Firm asking who pays if they are involved in a car accident while on the job? 

It is a fair question, given that according to information shared by the National Safety Council, a car accident occurs every five seconds in the U.S. Thus, it is not unreasonable to think that you could be involved in a collision while performing some sort of work-related activity. If you are driving a company vehicle when such an accident occurs, then it is likely that your company maintains insurance on the vehicle. Workers' compensation would likely then pay for whatever injuries you suffer. 

Can I sue under the Jones act?

Many injured workers in the maritime industry are confused about how they can take action to claim back damages. Suffering an injury at work can be life changing, and it can mean that workers need to change their job completely because of the nature of their injuries. This turn can lead to financial suffering and can put a significant strain on family life.

It is important that you understand how you can go about taking action to claim back the damages that you are entitled to. Most workers in the United States, including in the state of Louisiana, are entitled to workers' compensation when they are injured in the workplace. However, workers who are seamen are subject to different laws.

Crashes involving delivery trucks

Driving any type of motor vehicle can be dangerous, but some people behind the wheel are especially likely to find themselves in a collision at some point. Obviously, those who are under the influence of alcohol or using their phone while driving are especially likely to crash, but there are other situations in which drivers may have a higher chance of becoming involved in a motor vehicle collision. For example, delivery truck drivers face a number of risks and in this post, we will take a closer look at some of the reasons why these vehicles are involved in wrecks.

First of all, anyone whose job responsibilities involve driving may find themselves suffering from fatigue while on the roadway. Driver fatigue is very concerning and can interfere with a person's driving abilities in various ways, leading to fatal collisions in some instances. Aside from fatigue, there are other reasons why these vehicles can be so dangerous. Some people are inexperienced, such as someone who recently became a delivery truck driver, and they may have difficulty operating such a large vehicle. Even experienced delivery truck drivers face challenges on the road while operating a much larger vehicle.

Why do never events happen?

You put a lot of faith in medical providers in Louisiana to give you the best healthcare possible and to make you feel better. Sometimes, though, things do not turn out like you thought they would. In some cases, a never event occurs. This is something that should never happen and that often has serious consequences for you.

According to Orthoconnections, most never events happen because of human error. These events always involve a person making a mistake that they should not have made. Typically, it is due to oversight or not doing something correctly. This is why hospitals and other medical facilities stress rules and procedures so much. If followed, they prevent never events.

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