What You Should Know About Maritime Workers Compensation

When maritime workers get injuries on the job, their filing for compensation is not similar to most other workers. There are federal and state laws falling under the Jones Act and the general maritime law designed specifically for maritime workers. These laws affect workers such as longshoremen, deckhands, seamen, crew workers, commercial fishermen, and any other worker whose job revolves around the maritime industry. 

It is essential for maritime workers and their loved ones to understand these laws. Understanding these laws puts them better positioned to recognize the compensations attached to workplace injuries in the maritime industry. Furthermore, understanding these laws makes it even easier for such workers or their loved ones to recognize the right channels to use when trying to get their compensation. 

Compensation Resulting in Unseaworthiness Injuries

In the maritime industry, a vessel that lacks the basic safety requirements for seamen’s work safety is called an unseaworthy vessel. Any particular missing safety equipment per the requirement results in a vessel being deemed unseaworthy. It might be lacking the necessary safety equipment or requirements or have defective or poor-quality products and equipment. For example, when a broken ladder or old work machinery is left lying around or lacks warning signs in certain areas, the vessel will be deemed unseaworthy. If workers on such a vessel are injured at work, they are liable to receive compensation under the Jones Act and the general maritime laws

If the employer fails to give the employee the required worker’s compensation, they can sue them. To do so, they will be required to seek the services of a maritime workers compensation attorney

What Compensation Rights Do Maritime Workers Have?

Before diving into the specifics of a maritime worker’s compensation attorney, it is important to understand the compensation rights maritime workers are entitled to if injured in the workplace. 

Maritime Worker’s Rights of Maintenance and Cure

Maritime workers have the right to receive maintenance and care rights when injured in their work, regardless of whether the injury happened due to their negligence or their employer’s negligence. The maintenance and cure rights allow them to receive medical care and a daily living allowance throughout the injury. Furthermore, a full bill of health, with the healthcare provider’s signature, ought to be presented before the end of the maintenance and cure period. 

Lost Wages and Future Lost Wages

Besides, maritime workers are also entitled to lost wages and compensation. Under the general maritime law and the Jones Act, all seamen are subject to lost wages compensation when injured at work on the condition that the injury was a result of the other party’s negligence. The lost wage compensation covers the current earnings that the maritime worker could have made and lost future earning capacity and the lost future earnings resulting from the injury. There are several factors pertaining to how the future earning capacity is determined. Some of these factors include expected promotions and wage increments and the estimated work-life expectancy. 

Alaska Fishermen’s Fund

In Alaska, fishermen who hold a commercial license for fishing, or a limited entry permit, may qualify for the Alaska Fishermen’s Funds set up for workers injured during maritime work. These funds are separated from other maritime compensation funds. It is not quite easy to get these funds because there are specific requirements for qualification. Typically, these funds are used as the last option when other compensation channels have either been exhausted or failed. 

Final Thoughts

These laws are under the federal government, and they are entitled to workers in the maritime industry. As a maritime worker, you are entitled to workers’ compensation under the general maritime laws and the Jones Act. If you have trouble accessing your compensation, you can seek the services of a maritime workers’ compensation attorney, and you will get help going through the legal process to receive your compensation.

How to get a good family law firm

Working with a conscious family firm can help you in the scenarios facing any legal issues related to your assets or property: the firm will also assist you in handling matters that affect you or one of your family members. Input from a family lawyer is useful and valid in scenarios like advising you on the relevant paperwork required when obtaining new property. Allocation of property to your children may result in a discussion or consultation with a family law attorney. In most cases, a family lawyer serves as a consultant giving your relevant guidance on relevant legal matters.

The engagement of a family attorney should be handled keenly: the professional’s advice can be a real game-changer in your circumstances. With this, your candidate for the family law services should exhibit credibility. You need to conduct a background check: look out for the history of the law firm’s practice you intend to work with.

After shortlisting a few potential lawyers for your task, the next thing is determining your experience level. Every lawyer may be good at a certain field and has developed approaches and skills from the education and training undertaken. Experience enables the attorneys to become practical and see if the discussion from the professional makes sense. From experience from books and other training resources comes wisdom. A lawyer or any other legal professional should be fair and know how to handle various issues of family law from clients with issues along the relevant line of practice.

Finding a family lawyer is vital when facing divorce, domestic violence, child support, and adoption. If it is your first attempt to seek the help of a family law attorney, it may be a daunting process. There are, however, several approaches to take when you are looking for the right family attorney. For instance, you can seek from:

Legal advertisements

Legal ads are normally found on your contact list and can be found in the local newspapers. Searching for an attorney from law adverts can be an ideal option to provide you with a list of top-rated family law firms and lawyers.

Direct referrals

Getting referrals from friends, loved ones, or workmates is a fantastic way to find a good candidate for your family’s legal issues. Such people may probably identify someone who has been in a circumstance like the one you might be looking for help in. People close to you can assist you with such a situation. Make sure you ask questions about the experience the people had with the lawyer to know what you should expect.

Web search

Maybe the most reliable and convenient place to seek suggestions for any services or product is the internet. It is a reliable source of information in the pursuit of good family law attorneys. An online search will provide you with contact with different lawyers within a fraction of a second. You can also use the details available online to capture the location details and the area of specialty of the professional you intend to engage.

Go for assistance with family legal matters from a team of legal specialists with a clean track record. You need to engage a family law firm with no instances of fraud. The law firm of your choice should provide you with references to previous customers where the firm displays the good standing of the team of legal professionals working for the organization. Consider looking up a family law attorney from review sections, sites, and platforms, as well as checking with the bar association in your region to see how the lawyer reviews legal matters with the candidate of your choice.

How a Criminal Defense Attorney Serves You

If you are charged with a crime, you need a criminal defense attorney in your court to help you fight. If you cannot afford a lawyer, the court will appoint one. These individuals are called public defenders, and the government pays them. Note that public defenders often have a higher caseload, which means they may not be able to devote the time to your case that a private defense attorney could. However, whether you pay for your attorney or the court appoints one, your attorney works for you to help you receive the best possible outcome.

Investigate Your Case

The first thing that all criminal defense lawyers Yorktown Heights NY do when starting on your case is interview all parties involved. You, all witnesses (including expert witnesses), and police officers will be interviewed. The defense attorney will use the information gathered from these interviews to build a defense for your case. 

Analyze Evidence

The prosecution has to share with your defense counsel any evidence that it has against you. Your attorney will carefully review that evidence and even get a specialist to analyze it if needed. Your attorney will be looking for legal theories and loopholes that can be used to argue against the prosecution’s case.

Remove Jurors

Criminal defense lawyers are actively involved in the jury selection process. This means that they can ask potential jurors questions and have the court remove certain jurors that may be biased against you.

Go to Trial

While many criminal defense lawyers will try to keep the case out of court, if all parties cannot reach a plea in your case, then your defense attorney will fight for you during the trial. Your attorney will have an opportunity to examine witnesses under oath and convince the jury that you are innocent of the crimes you were charged with.

Role of an auto accident lawyer

After getting involved in an auto accident and sustaining injuries, you may not know what to do next. You may have the idea that you probably require to file an injury claim with your insurer. However, if you haven’t experienced this position before, you might not know how to file an accident claim or your rights. Hiring an experienced attorney such as an auto accident attorney Seattle-based, takes the burden off your shoulders. 

A reasonable car accident attorney will do the following on your behalf.

  • Investigate your accident; Auto accidents may be complex or simple, and you need to investigate who was at fault and who should compensate you for losses or injuries. You require evidence to show that the other party caused the accident and your claim value. A reputable lawyer has the expertise to efficiently carry out a thorough investigation into an auto accident to avail the much-needed evidence to support your claim.
  • Communicating with the other party’s insurer; lawyers communicate with insurance adjusters for the other parties involved in personal injury cases. Adjusters have notebooks, and thus, the lawyers should communicate appropriately and have a good rapport with the adjuster.
  • Assist you in understanding the law; The law about property damage and personal injuries complex. It requires proper knowledge of the law, insurance, and your rights to be able to pursue compensation, especially if an at-fault driver or an insurer is fighting back, to escape payment for your injuries. 
  • Handle your insurance claims process; In some instances, insurers try to take advantage of the client’s lack of knowledge of the law or make things difficult for them. Hiring an auto accident attorney ensures that your insurance company does not violate your rights, delay claims, or give inadequate compensation.
  • Represent you in court; Some accidents may require that you file a lawsuit to get adequate compensation. Filing an injury lawsuit may be a difficult task, especially if you do not have prior legal experience. Nevertheless, an attorney can deal with the paperwork and administrative tasks on your behalf. Additionally, they will attend the court sessions during your case. 
  • Negotiate a settlement; approval of Insurance claims may not necessarily guarantee you a fair offer. Most insurers will offer an insufficient initial offer. They hope that you take their first offer and save them time and money. Nonetheless, a car accident lawyer can know your appropriate claim value and can help negotiate fair compensation.

Reasons to Have an Estate Plan

Thе rеаѕоnѕ for nееdіng Estate Planning аrе as varied as thе іndіvіduаlѕ involved and, it ѕееmѕ, thе mаnу mуthѕ ѕurrоundіng the subject dо ԛuіtе a bіt оf hаrm. Fоr еxаmрlе, do уоu hаvе to bе “rісh” іn оrdеr tо nееd аn еѕtаtе plan? The аnѕwеr is, “Nо”, оnе dоеѕ nоt nееd to bе rісh tо need an еѕtаtе plan. All you need іѕ thе dеѕіrе tо pass on tо уоur heirs thе grеаtеѕt amount оf thе wеаlth роѕѕіblе thаt you hаvе рrеѕеrvеd durіng your lіfеtіmе.

Among thе mаjоr benefits оf a well-drafted еѕtаtе plan аrе minimizing thе expense of passing уоur estate tо beneficiaries, decreasing the аdmіnіѕtrаtіvе соmрlеxіtіеѕ and ensuring to thе еxtеnt роѕѕіblе thаt your dіѕtrіbutіоn wishes are fоllоwеd.

For еxаmрlе, if уоu own a hоmе, hаvе mіnоr children or grandchildren, grown children іn their оwn mаrrіаgеѕ, have been dіvоrсеd, оwn a business, or еxресt to rесеіvе an inheritance оf уоur оwn, уоu need tо ѕеrіоuѕlу consider thе bеnеfіtѕ оf рrореrlу рlаnnіng уоur еѕtаtе. Inѕtеаd оf раѕѕіng рrоblеmѕ оn to уоur hеіrѕ, you саn іnѕtеаd elect to раѕѕ оn thе grеаtеѕt аmоunt of wealth wіth the least аmоunt оf рrоblеmѕ thrоugh еѕtаtе рlаnnіng.

The largest hurdlе, оftеntіmеѕ, іѕ buіldіng a lasting rеlаtіоnѕhір with аn аttоrnеу who ѕресіаlіzеѕ іn еѕtаtе рlаnnіng.

Cоmреllіng Rеаѕоnѕ tо Build аn Eѕtаtе Plan

Among thе common mоtіvаtіоnѕ that соmреl сrеаtіоn оf аn estate plan аrе thе following. The mоrе thе fоllоwіng reasons apply tо аnу ѕіtuаtіоn, the grеаtеr іѕ the nееd tо соmрlеtе еѕtаtе рlаnnіng tо nоt оnlу build and рrоtесt your hard-earned wеаlth but, аlѕо, tо trаnѕfеr уоur wеаlth with as little dерlеtіоn and expense as роѕѕіblе. Wіth a рrореr еѕtаtе plan іn place, уоu саn plan аhеаd to:

1. Dеѕіgnаtіng whо will mаnаgе уоur аffаіrѕ іf уоu become dіѕаblеd аnd whеn you pass аwау. If уоu fаіl tо dо ѕо, a соurt wіll dесіdе fоr уоu nоt оnlу who receives уоur wеаlth but whо wіll mаkе thе dіѕtrіbutіоnѕ. Yоu never know who thе соurt will appoint. Keep control оf уоur оwn destiny!

2. Plаnnіng for medical care and іtѕ іmрасt оn уоur еѕtаtе іf уоu muѕt gо into a nursing hоmе. Nurѕіng hоmеѕ today can cost a lot, and a lоngtеrm ѕtау can еаѕіlу impoverish аll but the wеаlthіеѕt fаmіlіеѕ. With рrореr planning, hоwеvеr, you саn ѕhеltеr аѕѕеtѕ аnd keep your family’s wealth intact. Bесаuѕе thеrе іѕ a 50-50 chance thаt the аvеrаgе аdult will ѕреnd аt least оnе year іn a lоngtеrm care facility, іt bесоmеѕ раіnfullу clear this tуре of planning іѕ еxtrеmеlу іmроrtаnt.

3. Avоіdіng probate, durіng уоur lіfеtіmе аnd whеn уоu раѕѕ away. Dо you wаnt the court соntrоllіng уоu оr уоur assets? Prоbаtе рrосееdіngѕ аrе public, еxреnѕіvе, аnd tіmе-соnѕumіng and should bе аvоіdеd whеnеvеr роѕѕіblе. Leave уоur money tо уоur hеіrѕ ԛuісklу, рrіvаtеlу and еffісіеntlу bу establishing a рrореr еѕtаtе рlаn.

4. Protecting children frоm a prior marriage іf you pass аwау fіrѕt. Sесоnd mаrrіаgе рlаnnіng саn bе соmрlеx аnd trісkу. Exреrt lеgаl guіdаnсе іѕ nееdеd tо еnѕurе your assets are рrеѕеrvеd аnd уоur children оf уоur fіrѕt mаrrіаgе will rесеіvе thе рrореr ѕhаrе оf their іnhеrіtаnсе.

5. Protecting assets inherited bу уоur heirs frоm lаwѕuіtѕ, dіvоrсеѕ аnd оthеr claims. Mаkе sure уоur аѕѕеtѕ аrе inherited bу your lоvеd оnеѕ, nоt thе реорlе you don’t want tо rесеіvе them, such аѕ their ex-spouses, іn-lаwѕ, сrеdіtоrѕ оr the IRS.

6. Imposing dіѕсірlіnе upon сhіldrеn or grandchildren whо may not bе capable or еxреrіеnсеd іn mаnаgіng wеаlth. Mаkе ѕurе уоur сhіldrеn or grandchildren ѕреnd thеіr inheritance wіѕеlу and рrоtесt thеіr іnhеrіtаnсе аgаіnѕt іnеxреrіеnсе and mismanagement by іnсludіng specific соndіtіоnѕ аnd rеwаrdѕ іn уоur еѕtаtе plan.