Tabak Mellusi & Shisha LLPNew York Maritime & Admiralty Law Lawyer | New York City Jones Act Lawyer | Boating Accident2024-03-18T14:11:07Zhttps://www.sealawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1601461/2020/10/apple-touch-icon-75x75.pngOn Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=483212024-03-18T14:11:07Z2024-03-18T14:11:07ZViolence in the workplace
Cruise ships place a large number of people, many of whom are strangers, in a close environment. Travel can create high levels of stress that push people to act in erratic ways. After adding copious amounts of alcohol to the mix, it's easy to see how violence can be a concern on cruise ships. From assaults carried out by belligerent and drunk passengers to injuries suffered when investigating or intervening in crimes on cruise ships, there are many opportunities for cruise ship workers to end up hurt by violence on the job.
Pathogen or chemical exposure
Acquired illnesses are a major hazard for those working in environments with high concentrations of other people. On cruise ships, illnesses can spread rapidly among passengers and workers alike. Contaminated food and water supplies can also lead to job-acquired illnesses that put employees in the hospital or render them unable to do their jobs. There are also chemicals that workers may encounter through their employment, especially if they work in facility maintenance, that could injure or sicken them.
Injuries due to falls or repetitive strain
Some cruise ship workers perform the same tasks repeatedly day after day. Whether they scrub walls or chop vegetables, they could be at risk of repetitive stress injuries. The medical conditions they develop due to repetitive job functions could force them to switch professions or saddle them with function-limiting pain symptoms. Cruise ship workers also have to worry about the possibility of falling. Obviously, a fall overboard could have catastrophic consequences for a maritime worker. However, falls on board are equally concerning. They can cause brain injuries, broken bones and painful soft tissue injuries that leave someone unable to do their job.
Cruise ship employees injured in the maritime environment may need to take legal action using the Jones Act. Pursuing a lawsuit can help an injured cruise ship employee obtain coverage for medical expenses and replacement for lost wages. Employees who understand common job hazards may find it easier to protect their interests both before injuries have the chance to occur and in the event that they do.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=483192024-02-19T18:36:50Z2024-02-19T18:36:50ZMental Health First Aid (MHFA) training.
Recognizing signs of mental health issues
MHFA training can equip maritime workers with the knowledge to identify signs of mental health issues in themselves and their colleagues. This includes symptoms of common mental health challenges such as stress, anxiety and post-traumatic stress disorder (PTSD). By being able to identify these signs early on, maritime workers can intervene and seek help before the issues escalate.
Providing immediate support
One of the primary objectives of MHFA is to offer immediate support to individuals experiencing a mental health crisis. Maritime workers trained in MHFA can learn how to approach and communicate with someone who may be in distress. This ability to offer immediate support can make a world of difference in the outcome of a mental health crisis.
Promoting a supportive work environment
MHFA training fosters a culture of support and understanding within the workplace. When maritime workers are educated about mental health and equipped to support each other, it may create an atmosphere where individuals feel comfortable discussing their struggles without fear of stigma or judgment.
Improving overall safety
Mental health is closely linked to safety in the workplace. When maritime workers are struggling with mental health issues, their ability to focus, make sound decisions and respond to emergencies may be compromised. With MHFA training, maritime workers can help ensure that they are mentally prepared to handle the challenges of the job safely and effectively. This can ultimately contribute to a reduction in accidents, injuries and near misses on the job.
Mental Health First Aid training can offer valuable benefits to maritime workers by empowering them to recognize signs of mental health issues and seek immediate support. By participating in this kind of training, workers can benefit from increased safety overall.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=483182024-01-19T16:06:02Z2024-01-19T16:06:02ZOffshore injuries can be very expensive
All it takes is a patch of rough water or a bit of bad maintenance to result in a cruise ship passenger suffering significant injuries. In some cases, such as ships that encounter major storms and large waves, dozens of people can get hurt in a short amount of time because of the violent motions of the ocean and the vessel.
Other times, poor cleaning and maintenance habits on the part of employees might lead to someone slipping and falling. They could fall down stairs inside a cruise ship or even tumble over a guardrail and end up in the water. Occasionally, cruise ships create health hazards through poor food handling practices. Any of these issues could lead to massive expenses for the impacted passengers.
The ship might dock after someone reports a serious injury or illness. They would then pursue medical treatment at the closest nearby facility. The chances are quite good that the healthcare provider where the ship docks may not be in-network for the passenger. Depending on their health insurance policy, they may have to absorb most or all of the costs generated by their medical challenges.
Injured vacationers have legal rights
Not only does an injury or illness impact the quality of someone's vacation, but it can affect their long-term health, finances and quality of life. All too often, those hurt on a cruise ship or other recreational vessels face pressure from staff members to sign documents absolving the company of responsibility.
People may give up their right to take legal action in return for mediocre treatment provided on board or other minor concessions offered by the company. Anyone planning a cruise might benefit from learning about the potential hazards and preparing just in case they or one of their loved ones suffers an unfortunate incident while out on the ocean.
Oftentimes, people face major challenges when negotiating compensation claims after an injury on a cruise ship. It can be difficult to negotiate with the company or its insurance provider for an appropriate amount of compensation. The average person does not understand what may be necessary to take legal action against a business that endangered their health and safety with poor practices. As such, connecting with the right support can make all the difference after an injurious incident that occurred on a cruise ship.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=483172023-12-20T18:25:24Z2023-12-20T18:25:24ZWhat can hypothermia cause?
Mild hypothermia may cause shivering, an increased heart rate and rapid breathing. All of those are the body’s attempts to increase its metabolic activity and generate more heat.
Moderate hypothermia, where the victim’s core body temp drops below 95 degrees, causes difficulty thinking, problems speaking, labored movements and problems with muscle coordination.
Once severe hypothermia sets in and someone’s body temperature drops below 90 degrees, they may quickly start to lose their awareness of the situation and their pulse will fade. Once their body temperature goes below 82 degrees, they will quickly fall unconscious and can suffer cardiac arrest, respiratory failure, organ damage and death.
How fast can hypothermia set in?
It’s important to remember that water conducts heat away from a body about 25 times faster than air does, which means hypothermia can set in very quickly if a seaman falls overboard – even in relatively warm water.
When the water is 70 degrees or more, someone can stay conscious between two and 12 hours (depending on their overall health and level of fitness), but if the water is just 50 to 60 degrees, they would likely become unconscious within one to seven hours. If the water is cold (40 degrees or less), they may only have minutes before exhaustion, unconsciousness and permanent damage set in.
The maritime environment is characterized by cold temperatures, strong winds and water exposure – all of which can contribute to the problem of hypothermia. Anyone who is a victim of this condition needs immediate medical intervention.
If you’ve been injured in a maritime accident due to hypothermia or your loved one is hurt, it can also help to learn more about your right to benefits under maritime law and the Jones Act.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482082023-11-25T12:28:37Z2023-11-17T20:50:50Z“Cure” relates to medical treatment
The word cure in the context of a maritime injury refers to necessary medical treatment. The right to recover costs related to a worker's injuries means that their employer may have to pay for their treatment costs. Whether a worker requires rehabilitative care after a drowning-related brain injury or surgery for a crushing-related fracture, they can include those costs in their lawsuit against their employer. Businesses sometimes fight back against specific claims by alleging the treatment is too expensive or unnecessary. Injured mariners can request not just current medical expenses but likely future medical expenses as well.
“Maintenance” relates to lost income
A claim for maintenance under the Jones Act can help a worker replace lost income. Maintenance claims can apply to both lost wages during someone's hospitalization and lost earning potential if an injury causes lingering symptoms. Unlike the disability benefits available through workers' compensation, maintenance claims can lead to full compensation for a mariner's lost income. The limits on disability benefits often leave those in better-paying positions struggling to cover their costs.
Generally speaking, workers pursuing a claim under the Jones Act will need documentation affirming the origin of their injuries and the extent of their care costs, as long well as the likely duration of their functional limitations when seeking maintenance. Partially because navigating this process can be a complex undertaking, partnering with an attorney familiar with the unique rules that apply to mariner injuries can benefit those hurt in an offshore location.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482052023-11-25T12:28:48Z2023-10-19T11:25:37ZFires and explosions
Given that there are such a large number of containers, often from a variety of different origins, the workers on a container ship probably have no idea what is in individual containers. Even though shipping companies often have rules limiting what clients can put in containers, there may not be much effort to check. Flammable and explosive materials could end up overheated or damaged due to rough oceans, ultimately leading to fires or explosions. Workers can suffer injuries caused by a fire or explosion or when they need to abandon the vessel due to an emergency.
Collisions
Colliding with other vessels, docks or even offshore infrastructure is a leading cause of container ship incidents reported to government regulatory authorities. Such incidents can lead to traumatic injuries for workers or scenarios in which the vessel ends up foundering, which can be equally perilous.
Containers moving on the ship
Large containers on a container ship are typically very heavy, but they may not have much other than their weight holding them in place. During times of inclement weather or when there are large waves, containers may move, causing crushing or trapped between incidents. They could also fall, which could lead to an assortment of different injuries.
Workers hurt in such scenarios may have sizable medical expenses and concerns about lost wages. Avoiding job risk factors can only mitigate the likelihood of incurring harm to a specific extent, so offshore workers also need to know about their right to pursue compensation if they get hurt due to regulatory infractions or negligent practices on the part of their employers.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482042023-11-25T12:29:14Z2023-09-21T00:27:17ZWhat federal statistics show
When looking at industry safety data gathered between 2003 and 2010, the Centers for Disease Control and Prevention (CDC) found a surprising trend. Specifically, when looking at maritime worker fatalities, the CDC found that more than half of all reported fatalities (51%) included in the data analyzed were the result of transportation incidents.
Workers were at more risk of fatal injury on their way to or from an offshore work location than they were while actively on the job. Of those transportation fatalities reported, roughly three-quarters of the incidence involved aircraft, although transportation to offshore locations by boat also resulted in some fatalities.
The claims process for those injured in an offshore location or adjusting to a loved one's untimely passing can be very different than the process required of those who held a terrestrial job back on land. Instead of filing a workers' compensation claim, injured workers or their surviving family members will need to pursue a civil lawsuit.
People could file a lawsuit under the Jones Act if seeking to hold an employer accountable. When a third party provides transportation services, that outside business may be liable for any incident that results in a worker's injury or death. Unlike workers' compensation coverage, which applies regardless of fault, Jones Act claims and third-party liability claims will typically necessitate someone establishing that negligence or failure to comply with safety regulations contributed to the incident.
Understanding how to respond to maritime incidents that has resulted in injury or death may help people demand justice after someone ends up injured or worse because of their high-risk maritime work environment.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482032023-08-31T19:36:33Z2023-08-30T19:34:45ZUse the correct loading equipment
If there is any cargo that you need to load onto a container ship, you must use the correct loading and unloading equipment. This can include cranes, forklifts, stackers and other tools depending on the situation. If your workplace has a single-shot container loader, ensure to take full advantage of it to minimize maritime worker injuries, such as:
• Getting trapped inside a container
• Exposure to fumes
• Getting struck or crushed by an object falling
• Being struck by heavy machinery while loading or unloading
Wear the appropriate protective gear
Be sure to equip yourself with the right protective gear, such as safety glasses, hard hats, steel-toed boots and gloves when handling cargo operations. This can help protect you against flying debris, hazardous chemicals, slips and falls. Wearing the right protective gear also makes it easier for workers to move around and do their jobs safely, reducing the risk of injuries.
Know your cargo
Before starting any cargo loading and unloading operations, it's essential to familiarize yourself with the nature of your cargo. This includes understanding its weight, size and shape, as well as knowing its associated hazards.
You should also consider the environmental conditions in which you'll be operating, like how much space is available and whether any wet surfaces could cause slips and falls. If possible, create contingency plans for any potential risks or dangers.
Create a safety culture
Things like establishing clear guidelines for workers on how to handle hazardous materials, conducting regular safety meetings and providing workers with the appropriate training will all help create a culture of safety on board. If everyone is contributing toward safety, it not only protects you and your fellow workers but the entire operation as a whole.
Keeping safety first and foremost in your mindset at your workplace can save you and others from fatal injuries. However, despite the best precautions, injuries can still occur. In such cases, it's important to know that there are mechanisms for injured workers to seek compensation for medical costs, lost wages and other damages without necessarily resorting to legal action.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482022023-11-25T12:36:56Z2023-08-01T22:40:29ZSafety in diverse environments
Maritime workers often encounter a wide range of environments, including rough seas, extreme weather conditions and hazardous cargo handling. PPE is tailored to safeguard them from specific dangers they might encounter, such as life jackets for flotation, waterproof clothing for exposure to rain and seawater, and anti-slip footwear to prevent falls on wet decks.
Preventing falls and injuries
Slips, trips and falls can occur in maritime settings. PPE like non-slip shoes and harnesses can significantly reduce injury risk in such incidents. Additionally, hard hats protect against head injuries from falling objects, a common hazard in shipyards or when loading cargo.
Protection from chemical exposure
Maritime workers might handle various chemicals and substances, including fuels, lubricants and cleaning agents. Appropriate PPE, such as gloves, goggles and respiratory masks, shield workers from potential skin irritations, eye injuries or respiratory issues resulting from exposure to hazardous substances.
Fire safety
Flame-resistant clothing and fire extinguishers are vital components of PPE for maritime workers. In the event of a fire outbreak, proper protective gear can mean the difference between survival and tragedy.
Immersion suits and life jackets
Maritime workers face the constant risk of falling overboard. Immersion suits, also known as survival suits, are designed to keep individuals afloat and provide thermal protection in cold waters, enhancing survival chances during emergencies.
Hearing protection
Exposure to constant loud noises, such as engine rooms or equipment, can lead to long-term hearing damage. PPE like earplugs or earmuffs is crucial to protect from hearing-related maritime worker injuries.
Compliance with regulations
Many maritime authorities and organizations enforce strict safety regulations that mandate using appropriate PPE. Compliance with these regulations not only ensures workers' safety but also helps companies avoid legal penalties and maintain their reputation.
Crew health and well-being
Providing adequate PPE demonstrates an employer's commitment to the health and well-being of their workforce. Workers who feel safe and supported are more likely to be productive and focus on their tasks.]]>On Behalf of Tabak Mellusi & Shisha LLPhttps://www.sealawyers.com/?p=482002023-11-25T12:37:04Z2023-06-30T21:30:18ZNegligence lawsuit
The case involved a man who worked as a maritime worker between 1969 and 1977 and was diagnosed with mesothelioma in March 2020. In May 2020, the man filed a negligence lawsuit against his employer in a Louisiana court. He alleged that he was exposed to asbestos while working on U.S. Navy destroyers in the Avondale shipyard because his employer failed to provide him with a safe working environment. The man filed a negligence lawsuit and not a worker’s compensation claim because mesothelioma was not a covered injury under Louisiana’s workers’ compensation program until 1975. The man was exposed to asbestos and dust containing asbestos before 1975, and the workers’ compensation rules in Minnesota state that mesothelioma injuries occur when workers are exposed to dangerous substances. The man passed away in October 2020.
Case transferred to federal court
The man’s former employer was able to get the case transferred to a U.S. District Court because the man developed mesothelioma while working on U.S. Navy ships. The company then filed for a summary judgement seeking the dismissal of the man’s negligence lawsuit because his state law claim was preempted by the LHWCA. The motion was granted, and the man’s children and surviving spouse filed an appeal. The litigation is considered a case of first impression because it presents a legal issue dealing with maritime worker injuries that has not been decided before.
Clarifying an ambiguous situation
This ruling was needed because prior court rulings had created uncertainty for employers and maritime workers. Maritime workers should welcome the ruling because it allows them to pursue tort claims against their employers in state courts in certain situations.]]>