Who is Covered by the Longshore and Harbor Workers’ Compensation Act?
by John Bradley
The LHWCA covers workers employed in traditional maritime activities including longshoring operations, harbor work, stevedoring, loading and offloading of vessels or products transported by vessels, ship repair, ship construction, general maritime construction. Special categories of workers are specifically excluded among these are: the master or member of a crew of any vessel; persons involved in the loading/unloading/repair of any small vessel under eighteen tons net; U.S. government employees; clerical, secretarial, security, data processing staff; marina employees not engaged in construction or expansion of the marine; and persons temporarily working on the premises of a maritime employer who are not engaged in work normally covered under the act.
Longshore Harborworker Negligence
If a worker is injured due to an unsafe condition on a vessel to which he is assigned, or due to the negligence on the part of that vessel, the worker may bring a negligence action under Section 905(b) of the Longshore Harbor Worker Compensation Act. Furthermore, the Longshore Harbor Worker Compensation Act employer shall not be held liable to the vessel for claims pursued by an injured employee. Longshore Harbor Worker Compensation Act employers have a right of subrogation for amounts paid to the injured worker to satisfy the employer’s duty.Section 905(c) outlines an exception to the prohibition against indemnity agreements between Longshore Harbor Worker Compensation Act employers and vessels.
It does not void certain indemnity contracts between Longshore Harbor Worker Compensation Act employers and vessels operating on the Outer Continental Shelf Section 905(c) provision applies to employers whose employees are entitled to benefits under the Longshore Harbor Worker Compensation Act pursuant to the Outer Continental Shelf Lands Act (“OCSLA”). The provision is a reciprocal indemnity provision of a knock for knock agreement. Basically in this scenario, the employer and the vessel owner each agree to pay for claims against the other brought by their respective employees. In this event, the employee, working on the Outer Continental Shelf, who is injured on a vessel that has an indemnity agreement with the Longshore Harbor Worker Compensation Act employer, has no real chance for recovery against the vessel for its negligence in causing injury to the worker because the employer is ultimately paying the injury claim.
In addition to the 905(b) negligence claim against vessels for injuries sustained by workers covered under the Longshore Harbor Worker Compensation Act, the injured employee may also bring a claim against a responsible non-vessel third party in tort for damages arising from the injury. However, in the case of non-vessel owners, injured workers may run into situations where the Longshore Harbor Worker Compensation Act employer has contractually agreed to indemnify the non-vessel party for any claims asserted by a maritime employee.
Compensation
In a longshore claim, disability means an inability to earn pre-injury wages. Injured workers may receive compensation in four categories of disabilities. These are permanent total disability, temporary total disability, permanent partial disability, and temporary partial disability. Benefits are paid every two weeks and are based on a percentage of the injured employee’s pre-injury average weekly wage. The weekly payment amounts are adjusted annually on October 1st, based on the national average weekly wage.
Benefits for temporary partial disability is paid at a rate of two-thirds the weekly wage loss, based on loss of earning capacity. Permanent partial disability payments are intended to compensate the injured employee for the permanent loss of a body part or bodily function. The compensation for such a loss is based on a pay out schedule specified in the Longshore Act. The schedule assigns a certain number of weeks of compensation the injured employee may receive for the compensable loss.
The Longshore Harbor Workers’ Compensation Act is a federally administered program providing wage compensation and medical benefits to individuals who sustained injury or contracted an occupational disease while employed on a navigable waterway or the adjoining areas that are primarily involved in the loading, unloading, repairing or building of a vessel. In the event of death, the LHWCA provides for compensation benefits to be paid to the employee’s dependents.
No matter where you live, the maritime lawyers and maritime attorneys at the Ogletree Abbott Law Firm are here to provide you with the help you need. If you would like, a Jones Act lawyer or a Jones Act attorney will speak with you with no obligation, free of charge. Call us toll free at 1-800-Jones-Act (1-800-566-3722), or email us at info@1800JonesAct.com. Don’t wait, call today and speak with our
Jones Act attorneys and Jones Act lawyers so that we can start helping you today.
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Friday, March 7, 2008
Procedures of a Minimum Wage Claim
Procedures of a Minimum Wage Claim
by Jinky Belle Abelardo
The federal minimum wage for non-exempt employees is $5.15 an hour. The Fair Labor Standard Act (FLSA) contains the federal wage provisions. Most of the states have their own minimum wage laws. Many employees are subject to both state and federal minimum wage laws. In this case, employers are required to give the higher wage to their employees.
If an employee does not receive the minimum wage he is entitled to, he can file a minimum wage claim to the Division of Labor Standards Enforcement (DLSE), or file a lawsuit in court against the employer to recover the deficient wage.
Procedures of a Wage Claim
1. An employee (plaintiff) alleging the short payment wage by his or her employer (defendant), must file and complete a claim to the local office of the Division of Labor Standards Enforcement to initiate investigation.
2. A Deputy Labor Commissioner will evaluate the case based on the circumstances of the claim and the information presented
3. Within thirty days of filing the claim, the Deputy shall notify the parties as to the specific action that will be taken initially regarding the claim:
• Referral to a conference
• Referral to a hearing
• Dismissal of the claim
4. If the decision has been made by the deputy to hold a conference, a Notice of Claim Filed and Conference will be sent to both parties. This will describe the claim, provide the date, time and place of the conference, and will direct the parties that they are expected to attend.
The purpose of the Conference is to determine if the claim can be resolved without a hearing.
5. If the claim is not resolved at the conference, the deputy will determine the appropriate action with regard to the claim, usually a referral to a hearing or dismissal.
6. If a hearing is scheduled, a Notice of Hearing, indicating the date, time and place, will be sent to both parties either by mail or by personal service.
Although hearings are conducted in an informal setting, they are formal proceedings, as opposed to the Conference.
7. At the hearing, the parties and witnesses testify under oath, and the proceedings are recorded. Both parties have the right to be represented by a lawyer.
8. Within 15 days after the hearing, the Order, Decision or Award (ODA) of the Labor Commissioner will be filed in the DLSE office and served on the parties shortly thereafter. The ODA will set forth the decision and the amount awarded, if any, by the hearing officer.
9. If any of the party is not satisfied with the ODA, they may appeal the ODA to a civil court of competent jurisdiction. The appeal must be filed in court within the time period set forth on the ODA. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses.
In order for an employee to earn a favorable decision in his claim, he must provide sufficient evidence that he was not paid properly by his employer.
A claim for minimum wage must be filed within three years from the date the claim occurred.
If you have a serious minimum wage problem, it is advisable to consult a minimum wage claim lawyer who is familiar with the Employment Law or Labor Code.
To get the highest settlement for your minimum wage claim, seek the aid of our California employment lawyers”. Just log on to our Los Angeles lawyers website and expect immediate help from our competent legal staff.
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Thursday, March 6, 2008
An Overview on Motor Vehicle Accidents
An Overview on Motor Vehicle Accidents
by Rainier Policarpio
For the recent years, our court system has been receiving considerable number of personal injury lawsuits resulting from motor vehicle accidents. This is very much evident on the daily news reports about the accounts of tragic vehicle collisions. In fact, the National Highway Traffic Safety Administration (NHTSA) affirmed that a car accident occur every ten seconds.
In California and in most states in the U.S. wherein “no fault” legislation has not yet been adopted, these occurrences are under the law of negligence. Meaning, any person, who has been proven to operate his vehicle without due care, is required to pay his injured victim for any harm or damages that resulted from his action or inaction.
Because of this, motor vehicle owners and drivers should be considerate enough to exercise “reasonable care” especially when traveling along the busy streets and thoroughfares. That is, if they do not want to face the various penalties and legal obligations that may emerge.
Causes of Vehicular accidents
According to the reported incidents, these dealings have been the major causes of vehicular accidents:
• Speeding beyond the allowable and posted limit set based on the traffic condition
• Inappropriate or too much lane changing
• Driving under the influence of alcohol or any illegal substance
• Tailgating
• Rubbernecking
• Unnecessary operation of stereo systems
• Too much conversation with other passengers
• Improper use of cell phones
• Failure to abide by the road signs and warnings
In some cases, traffic accidents have been caused by other reasons that are not related to the drivers’ actions. These are:
• Motor vehicle defects – in this particular case, the injured victims may sue the automobile manufacturer or supplier under the product liability law
• Poorly maintained roads and traffic control malfunction – this instance may entitle the injured victims to file charges against certain government entities. However, these cases are under special rules and definitely necessitate the assistance of motor vehicle accident lawyers for proper legal advice.
Legal Procedures
In any court arguments, the plaintiffs always carry the “burden of proof.” This means they must substantiate their allegations before they may obtain suitable compensation. In a road collision, the plaintiff has to establish these elements of his case:
• The defendant has been neglectful in operating his vehicle
• Such carelessness has been the proximate cause of the accident
• He has incurred injuries or damages from the accident
• He has not violated any traffic rules when the accident transpired
If he was able to convince the court that these elements are factual, the defendant may then be obliged by the judge to pay him compensatory damages for his:
• Physical pain and suffering
• Emotional distress
• Hospital and other treatment expenses
• Loss of wages
• Damage to property
• Lawyer’s fees
Seeking the Aid of a Competent Lawyer
The legal procedure in filing personal injury lawsuits can be very complicated since the injured victims may have limited knowledge about the associated law provisions. Thus, it is just proper for them to hire experienced motor vehicle accident lawyers in order to have better chances of winning their legal battle.
With a lawyer’s adequate understanding and skills in managing vehicle accident litigations, the injured victims do not have to worry much on their claims. Rather, they will have more time to spend with their families while waiting for their injuries to completely heal.
Our expert lawyers are well experienced in handling cases resulting from motor vehicle accidents. For further details and inquiries on how to obtain credible legal representation, just log on to our professional lawyers website.
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by Rainier Policarpio
For the recent years, our court system has been receiving considerable number of personal injury lawsuits resulting from motor vehicle accidents. This is very much evident on the daily news reports about the accounts of tragic vehicle collisions. In fact, the National Highway Traffic Safety Administration (NHTSA) affirmed that a car accident occur every ten seconds.
In California and in most states in the U.S. wherein “no fault” legislation has not yet been adopted, these occurrences are under the law of negligence. Meaning, any person, who has been proven to operate his vehicle without due care, is required to pay his injured victim for any harm or damages that resulted from his action or inaction.
Because of this, motor vehicle owners and drivers should be considerate enough to exercise “reasonable care” especially when traveling along the busy streets and thoroughfares. That is, if they do not want to face the various penalties and legal obligations that may emerge.
Causes of Vehicular accidents
According to the reported incidents, these dealings have been the major causes of vehicular accidents:
• Speeding beyond the allowable and posted limit set based on the traffic condition
• Inappropriate or too much lane changing
• Driving under the influence of alcohol or any illegal substance
• Tailgating
• Rubbernecking
• Unnecessary operation of stereo systems
• Too much conversation with other passengers
• Improper use of cell phones
• Failure to abide by the road signs and warnings
In some cases, traffic accidents have been caused by other reasons that are not related to the drivers’ actions. These are:
• Motor vehicle defects – in this particular case, the injured victims may sue the automobile manufacturer or supplier under the product liability law
• Poorly maintained roads and traffic control malfunction – this instance may entitle the injured victims to file charges against certain government entities. However, these cases are under special rules and definitely necessitate the assistance of motor vehicle accident lawyers for proper legal advice.
Legal Procedures
In any court arguments, the plaintiffs always carry the “burden of proof.” This means they must substantiate their allegations before they may obtain suitable compensation. In a road collision, the plaintiff has to establish these elements of his case:
• The defendant has been neglectful in operating his vehicle
• Such carelessness has been the proximate cause of the accident
• He has incurred injuries or damages from the accident
• He has not violated any traffic rules when the accident transpired
If he was able to convince the court that these elements are factual, the defendant may then be obliged by the judge to pay him compensatory damages for his:
• Physical pain and suffering
• Emotional distress
• Hospital and other treatment expenses
• Loss of wages
• Damage to property
• Lawyer’s fees
Seeking the Aid of a Competent Lawyer
The legal procedure in filing personal injury lawsuits can be very complicated since the injured victims may have limited knowledge about the associated law provisions. Thus, it is just proper for them to hire experienced motor vehicle accident lawyers in order to have better chances of winning their legal battle.
With a lawyer’s adequate understanding and skills in managing vehicle accident litigations, the injured victims do not have to worry much on their claims. Rather, they will have more time to spend with their families while waiting for their injuries to completely heal.
Our expert lawyers are well experienced in handling cases resulting from motor vehicle accidents. For further details and inquiries on how to obtain credible legal representation, just log on to our professional lawyers website.
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Hiring SSD Attorneys can be Beneficial
Hiring SSD Attorneys can be Beneficial
by Rainier Policarpio
Duties and Capabilities
Unlike what other people who are pursuing their disability claims think, Social Security Disability attorneys do have their advantageous functions in having a successful case.
First, SSD attorneys or representatives have the capability to determine whether an applicant is eligible for disability benefit programs of the Social Security Administration or not. Hence, they also make sure that a disabled person has applied for all the programs they are qualified. With these, the SSA offices have no reasons for losing their files and not processing their applications on time.
An advocate can also determine if a claimant are qualified to reopen his previous petitions. In some instances, a reopened old application can qualify a disabled person for back benefits, thereby increasing his collections.
Furthermore, these experienced representatives can evaluate cases and give their advices on how to formulate a strategy to gain successful results. These plans may include the following:
• Preparing the needed documents such as the client’s birth certificate and Social Security Number
• Gathering the applicant’s medical records from hospitals, clinics and private doctors who provide him treatment and medication
• Bring the applicant to other expert doctors to further enhance the credibility of the medical findings
• Teach the applicant on how to respond to the Social Security Adjuster’s questions
• Further explain to the disabled applicant about the Social Security procedures to prevent mistakes and misjudgments
More importantly, the disabled person may have more time for his medical treatment without much worry on the status of his disability benefits application.
Fees Payment under Contingency Basis
Another advantage in getting the aid of SSD attorneys in filing disability claims is that most of them work on a contingent basis. This means, a Social Security Disability benefits applicant will only has to pay his attorney’s fees if he has able to win the case and already get his money from the SSA.
Generally, Social Security representatives charge their clients around 25% to 40% of the total collected money or depending on the amount of the money collected. Compared to how much the applicant may acquire in winning a case, such charges are just fair enough considering the time and efforts an attorney may lose if they failed to have a case approval.
With this type of payment plan, the disabled clients should not have to worry on where to get money to pay his attorney especially if he loss his case.
How to Find Dependable SSD Attorneys
In searching for the right attorney to handle a disability claim, one must take a lot of caution. Not all attorneys have sufficient knowledge about Social Security laws and procedures. Some of them have yet to experience handling these particular types of cases.
Thus, it is vital to look at the attorney’s background before appointing him to represent claim cases. Examine closely his record of winnings and probably ask if he also work on a contingency basis. In so doing these will make sure that a disabled applicant will hire the best representative for his Social Security Disability claim.
Our expert Los Angeles attorneys are equipped with the adequate skills in handling Social Security Disability claims. To obtain free legal advice, just fill out our case evaluation form and our legal team will respond to your inquiry.
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by Rainier Policarpio
Duties and Capabilities
Unlike what other people who are pursuing their disability claims think, Social Security Disability attorneys do have their advantageous functions in having a successful case.
First, SSD attorneys or representatives have the capability to determine whether an applicant is eligible for disability benefit programs of the Social Security Administration or not. Hence, they also make sure that a disabled person has applied for all the programs they are qualified. With these, the SSA offices have no reasons for losing their files and not processing their applications on time.
An advocate can also determine if a claimant are qualified to reopen his previous petitions. In some instances, a reopened old application can qualify a disabled person for back benefits, thereby increasing his collections.
Furthermore, these experienced representatives can evaluate cases and give their advices on how to formulate a strategy to gain successful results. These plans may include the following:
• Preparing the needed documents such as the client’s birth certificate and Social Security Number
• Gathering the applicant’s medical records from hospitals, clinics and private doctors who provide him treatment and medication
• Bring the applicant to other expert doctors to further enhance the credibility of the medical findings
• Teach the applicant on how to respond to the Social Security Adjuster’s questions
• Further explain to the disabled applicant about the Social Security procedures to prevent mistakes and misjudgments
More importantly, the disabled person may have more time for his medical treatment without much worry on the status of his disability benefits application.
Fees Payment under Contingency Basis
Another advantage in getting the aid of SSD attorneys in filing disability claims is that most of them work on a contingent basis. This means, a Social Security Disability benefits applicant will only has to pay his attorney’s fees if he has able to win the case and already get his money from the SSA.
Generally, Social Security representatives charge their clients around 25% to 40% of the total collected money or depending on the amount of the money collected. Compared to how much the applicant may acquire in winning a case, such charges are just fair enough considering the time and efforts an attorney may lose if they failed to have a case approval.
With this type of payment plan, the disabled clients should not have to worry on where to get money to pay his attorney especially if he loss his case.
How to Find Dependable SSD Attorneys
In searching for the right attorney to handle a disability claim, one must take a lot of caution. Not all attorneys have sufficient knowledge about Social Security laws and procedures. Some of them have yet to experience handling these particular types of cases.
Thus, it is vital to look at the attorney’s background before appointing him to represent claim cases. Examine closely his record of winnings and probably ask if he also work on a contingency basis. In so doing these will make sure that a disabled applicant will hire the best representative for his Social Security Disability claim.
Our expert Los Angeles attorneys are equipped with the adequate skills in handling Social Security Disability claims. To obtain free legal advice, just fill out our case evaluation form and our legal team will respond to your inquiry.
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