Questions & Answers
Industrial injuries are common, and if your injury was sustained as a result of the negligence of a third party, you will be entitled to file a claim. If your industrial injury occurred while you were working offshore, you may be entitled to relief through various maritime claims such as:
- The Jones Act: This would require a showing that your employer was negligent, much like a personal injury lawsuit. It must also be proven that you as the employee carried the title of “seaman” at the time of your injury. You are considered a seaman if at least 30 percent of your work hours were spent on an offshore vessel. The Jones Act also only covers United States citizens on American-owned vessels. If you are still wondering whether or not your claim counts as a Jones Act case, you should consult your employer.
- The Longshore and Harbor Workers’ Compensation Act: You do not need to show fault in this type of claim, which has procedures and benefits similar to the workers’ compensation system that covers industrial injuries that occur on land. This act states that if you are an offshore worker or work in an “adjacent occupation” even if you do not spend 30 percent or more of your time on an offshore vessel, you are liable to compensation under this act.
As an industrial worker, you may not always be working on oil rigs and will be wondering which benefits you are entitled to be compensated under. If you have any remaining doubt as to which maritime claim you can file or how you get compensated, it would be best to contact your employer and possibly in addition to this, a legal professional who is familiar with both maritime and industrial law.
Medical devices can include artificial hip, knee, or shoulder implants (such as the DePuy ASR XL Acetubular System and ASR Hip Resurfacing System), shoulder pain pumps, surgical mesh patches, defibrillators, pacemakers, or other products. State and federal law imposes a strict duty on the manufacturers of these medical devices to make sure they use care and conduct extensive testing before they put their products onto the market. They need to be aware of any possible side effects or risks associated with the devices, and they need to inform doctors and patients about these risks.
It is important to consult your physician if you believe you may be suffering harm because of a medical device or defective pharmaceutical you have been taking. If your doctor confirms, then you should seek legal assistance. If you have been harmed by a defective medical device, you may bring a product liability action that can provide compensation for the medical costs you’ve incurred as a result of the harm you have experienced. You may also be eligible for lost past and future income as well as the pain and suffering you’ve endured.
Medical side effects can range from mild to severe, so depending on your case you may be liable to different degrees of compensation. Some defective drugs taken by women during their pregnancy can result in their child being born with birth defects or they may suffer complications during birth. Some medical implants have also caused more hurt than help and require the patient to have additional surgeries to repair the damage done by the implant. If you have experienced side effects like or similar to the ones listed above, you should take legal action by first speaking with an attorney about what kind of claim you can file.
A tractor trailer or 18-wheeler wreck can give rise to a personal injury or wrongful death lawsuit. This means the lawsuit will be subject to the statute of limitations, which requires a person to take legal action within a specified period of time or else the claim is barred. The point of having statute of limitations is to make sure that a person is not punished for a crime or accident committed long ago that is just recently coming to light. As time goes on, evidence diminishes as well, making it harder to come up with a verdict for a trucking accident.
Statute of Limitations in Each State
The statute of limitations varies across the country, as each state has different laws that dictate the timeframe available for a victim to pursue a lawsuit. A majority of states in the U.S. have implemented a two-year limitation on all wrongful death claims in truck accidents.
For instance, in the state of Texas, the statute of limitations for bodily injury claims related to a person’s recklessness or negligence is two years from the date of injury (or the date when the injury could have been reasonably discovered). In some cases, this period may be “tolled” because the victim had a legal disability, including being a minor at the time of the accident. In general, if both parties agree in the matter, then the time allotted for filing an accident lawsuit may be shortened or lengthened.
The Importance of Collecting Evidence Early On
In order to develop a strong case following a truck accident, it takes more than just filing within the statute of limitations. You need to begin your case quickly after the incident so that your lawyer can perform timely truck accident investigation and discovery, gathering as much evidence as possible. This may include identifying a defective part, determining if property maintenance occurred, and even assessing whether trucking regulations were violated. A timely response can also help find reliable witnesses who can provide an outside perspective on the accident.
It is especially important to act quickly to preserve evidence from the electronic on-board recorder, maintenance records, and driver logbooks, as these could be “lost,” or even destroyed / erased as time passes.
Getting Medical Care Right Away
Not only does evidence from the scene of the accident help strengthen your case, but so does getting timely medical care. If you wait too long to see a doctor, it could be more difficult to validate that your injuries truly came from your truck accident. The truck insurance company may try to argue that your injuries developed after the accident if you don’t get medical care right after the collision occurred. Further, when you file under the statute of limitations, it can ensure that your medical treatment and other information can be used as evidence. Over time, a doctor’s memory of your particular injuries may fad and their testimony may be less convincing. When you act sooner, all this evidence, as well as the validity of your claim, remains much stronger.
Why You Need to Act Now to Preserve Your Case
The bottom line is that you don’t want to risk losing your right to compensation by failing to take timely action in your case. Even information and evidence like a failed or missed truck inspection—which could greatly help your claim—may be lost in a year or two. In almost all cases, it is better to report your accident sooner so that it can be determined if you should file a claim. When a truck accident claim is filed quickly, there is better chance of all the evidence coming to light and the trial moving along more efficiently.
Under the Longshore and Harbor Workers’ Compensation Act, you may be entitled to benefits for a work-related injury or occupational disease, including asbestos-related lung diseases such as mesothelioma. Your employer’s duty to provide disability compensation arises out of the employment relationship itself, so there is no need to show that the employer was at fault for exposing you to whatever caused your disability. Just because you did not work on a commercial vessel enough to be classified as a seaman, there are provisions for you other than under the Jones Act.
If it can be proved that your illness was developed as a direct result of your service to your employer and can be linked to the workplace, then you are entitled to benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Shipyards are known for carrying hazardous chemicals that, if ingested over long periods of time, can cause breathing deficiencies that require medical treatment. The severity of your breathing problem will depend on the amount of hazardous chemicals and substances in your shipyard as well as the amount of time you spent around them.
As a shipyard worker, you are entitled to benefits under maritime law even though your work was not directly on a vessel. If you have developed a breathing problem, it would be best to contact your doctor immediately to ascertain the extent of your illness so that adequate treatment can be applied. Your illness may be mild but it could also be serious. Your employer is obligated to pay your medical bills if your illness can be connected to your work at your shipyard workplace. Ask your employer if you are unsure whether you can be covered under the Longshore and Harbor Workers’ Compensation Act.
When you or a loved one has been seriously injured by the negligence or carelessness of an individual or company, you will have more questions than answers. One of the most serious questions people have is how they will pay for needed medical treatment while their case is still in progress. Medical bills aren’t affordable, and this reality leaves many injured people wondering if they will have to wait until their claim has been settled until they receive medical treatment.
This is why you do not want to wait to contact a personal injury attorney. If you don’t think your insurance will cover your medical expenses, an attorney will be able to help you receive full assistance after an accident or injury. Their job is to work with hospitals, individual doctors, and healthcare insurance providers to make sure your medical care goes uninterrupted. You may even gain support that includes coordinating coverage through sources such as Medicaid and Medicare as well. In the United States, most employees have a right to workers’ compensation because most employers are required to provide it. This guarantees the injured party a right to medical care.
In cases of workers, you will probably be able to get workers’ compensation, which will guarantee that your relevant medical expenses are paid for. You may receive a “memorandum of payment” which states that “claim is voluntary payment pending investigation” or that it is “payment without prejudice.” This means that the employer is paying for the claim even though it is still pending. When your case is resolved, any healthcare providers used will be properly reimbursed and their recovery is limited to only the amount they are entitled to receive.
Any employee who is injured while on the job should be entitled to workers’ compensation. Workers’ comp is a form of insurance that accommodates injured persons who were harmed while performing their job duties. Generally, a company will offer workers’ compensation to its employees which will provide them with medical benefits and wage replacements should they be injured at work. There isn’t a waiting period for workers’ compensation to be applied to you, because you should be covered the minute you start the job. By accepting the financial and medical compensations offered through this type of package, an employee is agreeing to forego their right to sue the employer for tort negligence.
Workers’ comp plans vary from company to company and state to state. In general, you will be compensated in some capacity for the money you might lose if you have to take time off work to recover from an injury. Typically, if you are unable to work for more than seven days, you are entitled to weekly benefits. Not all workers are considered employees though, such as freelancers and independent contractors. It would be best to check with your employer to see if you maintain the status of “employee” who could be covered by workers’ compensation.
Your workers’ compensation will also provide some sort of financial relief for the medical bills and hospital expenditures that result from your workplace injury. You will probably need to contact an attorney if you are concerned with a claim you are filing, but in general, if you received you injury while on the job then you are entitled to workers’ compensation. This means that if you were doing an activity in your workplace or for the benefit of your employer when you sustained your injuries, your injury was work related and you should be entitled to compensation.