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Day Law Group

Don’t Wait Around Too Long: Maritime Injury Statute of Limitations and Your Claim.

The dangerous working conditions prevalent in the maritime industry frequently lead to injuries or even death for maritime employees. If you are injured while working on a ship or in the dockyards, you have legal rights. In general, claims for maritime torts or injuries to seamen occurring on navigable waters during traditional maritime activities can be brought under the Jones Act or the Death on the High Seas Act. *We caution our readers to consult with experienced maritime counsel if they believe they may have a maritime claim, because this is a very complex and specialized area of law that cannot be detailed in a mere blog post and...

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A Leading Cause of Maritime Injuries: Fatigue.

You might be surprised to learn that a leading cause of maritime industry injuries is not slippery decks, bad weather, or falling overboard. It’s fatigue. The Maritime Industry and Its Dangers Working at sea, on the rivers, or in the shipyards can be very dangerous. It cannot be denied that the maritime industry is an important one. It provides hundreds of necessary and well-paid jobs. But it’s also undeniable that working on riverboats or ships, and in ports, or in and around the docks, is dangerous, dirty, work. Many workplace injuries that occur in the fishing and shipping industries are more than just bad: they are  frequently fatal. Maritime employees face dangers from...

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Maritime Pilots: Navigating a River of Dangers.

Maritime workers, especially those who work on vessels, have dangerous jobs. Even the smallest error can lead to a serious injury or even death. Seamen live and work in small spaces crammed with equipment. They work long hours and frequently work in bad weather conditions. All of this, plus, in some instances, lack of safety procedures, proper maintenance or training, makes maritime work a treacherous, if lucrative, business. River and Bar Pilots River and bar pilots are specially-trained mariners that guide vessels through congested or hazardous waters. They usually work on pilot boats in harbors or near river mouths. Harbors are especially dangerous areas to work because of the heavy...

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What Happens if You Have a Dispute About Your LHWCA Claim?

If you are a longshoreman, harbor worker, or someone who works “near” the water but not “on” it— like most people who work on the docks, in shipping terminals or shipyards, if you are injured while at work, you generally (there are exceptions) cannot proceed under your state’s workers’ compensation laws to recover for your injuries. Instead, you may be able to recover for your injuries under the Longshore and Harbor Workers' Compensation Act (“the Act” or “LHWCA”). [Note: Because this is a specialized and complicated area of law, you should always consult with maritime counsel where you live.] What the LHWCA Does The LHWCA is...

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3 Important Things You Need To Understand About the Longshore and Harbor Workers’ Compensation Act.

If you work on the navigable waters of the United States or in the adjoining areas, such as docks, piers, terminals, wharves, or areas where loading and unloading of vessels takes place, you need to know about the Longshore and Harbor Workers' Compensation Act (LHWCA). What is it? Very briefly, historically, those working on the navigable waters of the United States were not entitled to compensation if they were injured. The LHWCA is a federal law. It can pay injured maritime employees who qualify under the law’s specific rules, compensation, medical care and vocational rehabilitation services. The LHWCA also provides benefits to specific survivors and dependents if the injury to the...

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Giant Cranes Used In The Maritime Industry Pose Serious Dangers to Workers.

Louisiana’s waterways are a major part of our culture and our economy. In fact, Louisiana leads the United States in maritime employment. While a lucrative and important industry here in the South, working in, around, or on, fishing vessels and riverboats is dangerous work. Maritime workers are frequently subject to bad weather, malfunctioning equipment, and human error caused by a lack of training or fatigue. On board and onshore accidents in this industry are not uncommon. In fact, ports and sea terminals are among the world’s most dangerous workplaces. One necessary piece of equipment poses a significant danger to maritime workers on land and at sea. What is it? The crane. Crane Accidents Cranes are a necessary and...

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What Steps You Can Take If You Are Denied Social Security Benefits.

Of the more than 6 million people living in the State of Louisiana, 3.9 % receive Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) benefits. Every year, thousands of people apply to the Social Security Administration (“SSA”) for disability benefits. Thousands may apply but more than half of these applications will be denied initially. What Can You Do if Denied Benefits? Before we look at what you can do if denied benefits, it is important to understand how important your disability application is. Disability claims get denied for a number of reasons, however, many people make the mistake of not realizing just how important their application is. Incomplete applications and applications that...

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The Importance of “Back Pay” When it Comes to Social Security Disability Benefits.

It’s not easy when you need disability benefits, and it’s not easy to win Social Security Disability Insurance benefits (“SSDI” or “disability benefits”) either. Dealing with the Social Security Administration (“SSA”), the government agency that administers the federal disability programs (SSDI and Supplemental Security Income (“SSI”)) can be frustrating. The road to receiving disability benefits is very often a long, difficult, and complex one. The SSA has a lot of rules and regulations that must be carefully followed. It is not unusual for many applicants to be denied benefits several times and have to take several appeals before they are finally awarded benefits. While both SSDI and SSI provide...

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Statute of Limitations. What Does it Mean for Your Mesothelioma Lawsuit?

Law and litigation present a number of challenges to anyone —whether you are the person bringing the lawsuit (the “plaintiff”) or the person defending it (the “defendant”). Sometimes it can feel as though the injured plaintiff has more challenges to meet in bringing a case than the defendant who is accused of being negligent. When it comes to certain legal proof and procedures, that may indeed be true. Take, for instance, the statute of limitations. What is the Statute of Limitations? In law, when you are damaged or wronged by another person, you have a limited amount of time to pursue your legal rights. If you do not act on your...

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A Common Cause of Car Accidents—and it’s not Texting and Driving

After the invent of cell phones and texting, one of the major causes of car accidents is “distracted driving.” While “distracted driving” can also refer to eating, brushing your hair or putting on your lipstick while driving, it has more commonly come to mean texting and driving. And while texting and driving is known to be even more dangerous than drinking and driving, there is another cause of driver error that is even more dangerous and more common. What is it? It’s driving while you are tired. Drowsy Driving Driving while fatigued is a major cause of motor vehicle accident collisions. Many people underestimate just...

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