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August 2010 Archives

Six Knee Injury Symptoms You Should Not Ignore

Anytime that you experience severe knee pain after a fall accident, you should seek prompt medical attention. Unlike a broken bone, knee pain may not be immediately excruciating, yet medical attention is still important to ensure your recovery. If you experience any of the following symptoms, your knee injury may be more significant than you thought at the time of your slip and fall accident. Therefore, it is important to seek medical attention if you:

Will the Death on the High Seas Act be Revised?

If your loved one has been killed in a maritime accident then you may be entitled to damages. The Death on the High Seas Act provides damages to the surviving spouse, parent, or child of a seaman who was killed due to negligence on the high seas. Damages may include compensation for lost wages due to the worker's death. The determination of lost wages is based on the worker's age and salary at the time of death.Changes to the Death on the High Seas Act May be Coming
It is important to note that as of August 2010 legislation has been passed by the U.S. House of Representatives and is pending in the Senate that would amend the Death on the High Seas Act to increase the potential financial recovery for survivors of those killed in maritime accidents. If the bill becomes law, the Death on the High Seas Act would be amended by the Fairness in Admiralty and Maritime Law Act, allowing survivors of those killed in maritime accidents on the high seas to recover for the pain and suffering and loss of compassion, care, and comfort caused by the death of their loved ones.For more information about your potential recovery, please contact a New Jersey and New York maritime accident attorney at 1-800-3-MAY-DAY for a free consultation. 

Signs That You May Have Been More Seriously Hurt Falling on the Stairs Than You Realize

A stairway slip-and-fall may seem like an embarrassing nuisance, but it can be much more significant than that. It is important to recognize the physical symptoms that require prompt medical treatment if you, or a loved one, fall on the stairs. Symptoms that should never be ignored include:

Are Commercial Divers Seamen?

While commercial divers are generally considered maritime workers, they are not always seamen. Whether a commercial diver should be considered a seaman depends on the particular facts of the diver's occupation.The outcome of that determination determines which maritime laws apply to an injured commercial diver or the survivors of a fatally injured commercial diver. New Jersey, New York, and federal courts do not exclude all divers from being considered seamen, and thus some are entitled to the protections of the Jones Act. The courts have instead found that a diver should be considered a seaman for purposes of the Jones Act only if the diver was engaged in navigation and assigned to a vessel (or fleet of vessels) more or less permanently.Commercial divers who are not found to be seamen, do not forgo all financial recoveries if they are hurt in an accident. Other federal laws may still apply.If you have been hurt, or if you have lost a loved one, in a commercial diving accident, it is important to contact a New Jersey and New York maritime injury lawyer to discuss your rights. A New York and New Jersey maritime accident attorney from Hofmann & Schweitzer will evaluate your case and aggressively pursue damages on your behalf. Call 1-800-3-MAY-DAY today for a free consultation. 

Why Signing Papers Without a Maritime Attorney is a Bad Idea

What you do, what you say, and what you sign in the days following a maritime accident can greatly affect your eventual legal recovery. As a maritime employee, it is important that you promptly report your accident to your employer in order to safeguard your rights. However, you are not obligated to sign papers without consulting with your New Jersey and New York maritime injury attorney.Many maritime employers will try to get injured workers to sign papers as soon as the injury is reported. Often these papers contain fine print that limits the maritime employee's future right to financial recovery. Some employers will go as far as to tell employees that they will not be able to recover anything if they do not sign the papers presented to them.That is simply not true.Federal maritime law does not require you to sign anything prior to having your attorney review it, and our New York and New Jersey maritime accident lawyers suggest that you refrain from signing anything until your lawyer has reviewed it and advised you how to proceed.Don't let the physical pain and financial hardship of a maritime accident be compounded by the tricky tactics of your employer. Protect your rights and contact a lawyer before you sign anything! 

How to Recover From Injuries After a Fall on the Deck

If you are seaman who has suffered an injury after a fall on a deck, then you know how serious the consequences of your fall may be. You know the physical pain, emotional toll, and financial hardship caused by your injury, and with the help of aNew Jersey and New York maritime injury lawyer you can know how to recover.Your Physical Recovery
Of course, the most important part of your recovery is your physical recovery. It is important to get prompt medical treatment from a qualified doctor. You are not required to see a company doctor; you may see any competent doctor you choose. Your doctor will advise you about the steps you need to take to ensure your recovery.Your Financial Recovery
Federal maritime law may entitle you to damages for injuries related to your fall. Damages can include compensation for your medical bills and for your basic living expenses while you are unable to work. Additional damages may be awarded in some cases.In order to recover damages, it is important to consult a New York and New Jersey maritime accident lawyer to discuss your case. 

Recovering Damages When a Loved One is Killed in a Construction Accident

In 2008, New York City reported thirty-one construction-accident fatalities. New Jersey and other parts of New York had additional construction fatalities, and many more construction workers in both states were injured in occupational accidents. If you have been hurt, or if you have lost a loved one, in a New Jersey or New York construction accident then you may be entitled to damages for your injuries. In order to recover damages, you should report the injury or fatality to your employer and seek the advice of an experienced New Jersey and New York construction injury lawyer. Your New York and New Jersey construction accident attorney will make sure that you meet all the required deadlines and filing requirements for a worker's compensation claim or wrongful death claim. Possible damages include compensation for medical bills, rehabilitation costs, funeral expenses, and lost income. It is important not to try to recover damages on your own. Your employer and your employer's insurance company are motivated to provide you with the lowest possible damage award. Instead, hire an experienced advocate who will fight hard for the full and complete financial recovery that you deserve while you take the necessary steps to put your life back together after a construction injury or the death of a loved one. 

Fighting To Protect What Matters Most

You are not the only one who suffers after a serious accident. Crushing medical bills and lost wages can be devastating to your family for years.

It doesn’t have to be that way.

Speak To An Attorney, Get Help.