Firm Blog

How Can I Sustain an Amputation Injury as a Maritime Employee?

Being a maritime worker can be a risky and dangerous job, not only because of the dangers involved with the job itself, but also the chance of unseaworthiness and negligence that can occur. One of the most serious injuries that can occur is an amputation. Losing a limb can be a devastating injury, and no one should have to experience that at their place of employment. If you work in the maritime industry, then you may be able to recover compensation for an amputation injury.

How Can I Lose a Limb as a Maritime Employee?

Amputation injuries may be caused by:

• Negligence, especially while aboard a vessel. For example, machinery and equipment can malfunction because of someone’s lack of care, or if it is operating without careful attendance.
• Machinery: Certain tools and machines aboard a ship should always be regularly maintained so it is always working correctly, and employers should always be checking for damaged or failing parts. You should also receive the proper safety training from your employer. If an employer fails to equip you with the correct knowledge to have avoided the accident, then you may be able to file a lawsuit. You could also prove negligence against the company who manufactured the faulty equipment that caused your loss of limb.

Treating and recovering from an amputation is not easy. Intensive surgery is required, as well as a prosthetic, occupational therapy, and mental health assistance. All of these costs will add up fast, but thankfully you have several ways to recover for these damages under maritime law. If you have suffered a loss of limb due to your maritime employment, then you should contact our maritime attorneys immediately. We could try to help you get all of the compensation you deserve from someone’s negligence.

How Do Texas Helmet Laws Protect Me in a Motorcycle Accident?

The state of Texas has many motorcyclists who travel to and from their place of employment or school. Many states like Texas, however, have debates on whether there should be strict helmet laws placed on people who ride motorcycles. Biker advocacy groups have argued that states and municipalities should let the riders decide what’s safe, whereas doctors and safety advocates argue that helmets should be required. Helmet law supporters often cite the number of preventable deaths that happen each year when riders decide not to wear their helmet on the road. Almost 250 people in Texas died in 2015 because they weren’t wearing a helmet, so it’s important to know why there are motorcycle helmet laws and why they were created.

Motorcycle Helmet Laws in Texas

As a motorcyclist in Texas, you are required to meet a few demands if you decide to not wear a helmet:

• You must be 21 years or older
• You must be covered by an appropriate health insurance plan
• You must have completed a motorcycle operator training and safety class

Formerly, a motorcyclist in Texas was required to have a minimum of $10,000 in health insurance coverage if he or she would like to be exempt from the helmet requirement. However, this rule was appealed in September 2009.

The personal injury attorneys at Stevenson & Murray know that riding a motorcycle can be dangerous, but that shouldn’t stop you from enjoying your mode of transportation. However, if you have been injured in a motorcycle accident, then we can represent you in court and may be able to get the compensation you need for your injuries. Contact us today for a free consultation

Who Is Covered Under the Longshore and Harbor Workers’ Compensation Act?

The Longshore and Harbor Workers’ Compensation Act is a federal workers’ compensation law that gives benefits to specific maritime workers and civilian employees on military bases across the nation. The LHWCA covers longshoremen, harbor employees, and any other employees that work on shipyards, shipping terminals and docks. For civilian workers on military bases, workers’ compensation benefits are provided under the Defense Base Act, which is a separate federal act in conjunction with the LHWCA.

Why Should I Use LHWCA as a Maritime Worker?

Most of the benefits given by the LHWCA are actually more favorable than any other benefits given by state workers’ compensation laws. The LHWCA will often pay more for an employee’s average weekly wage for their disability benefits. Injured workers under the LHWCA are also entitled to permanent partial disability benefits, whereas some states’ workers’ compensation programs do not provide that type of benefit. However, you might be wondering which type of maritime workers are covered under LHWCA benefits. This is determined by a status test and situs test.

What Are the Status Test and Situs Test?

The status test will help determine for your attorney and the LHWCA the nature of the work that was performed by the employee for the employer. This work must be maritime work and include maritime duties that took place on the water or some kind of maritime equipment or transportation device. For example, if you perform office or secretarial work for a maritime company, you will not have benefits under LHWCA because your job does not involve “active engagement” in maritime employment. The situs test will help determine the location where the employee worked for the employer. LHWCA benefits are only given to maritime employees who work on, near, or next to navigable water.

If you are a maritime employee and you are interested in knowing more about LHWCA benefits, you should contact our maritime attorneys at Stevenson & Murray. We will help you navigate through this law and we will help determine for you if you qualify for LHWCA coverage.

Mark T. Murray to Speak at Personal Injury Event in Houston

The TexasBarCLE presents its 34th Annual Course on Advanced Personal Law from July through September of 2018. The event will be live in Houston from September 5-7 at the Westin Oaks Hotel. This live course will discuss personal injury law and how to handle specific types of personal injury cases.

Mark T. Murray will represent our law firm and serve as Course Director in Houston. He will be speaking at several sessions, including Recreational Injuries and Waivers by Minors. In addition, he will serve as a moderator for the luncheon presentation on Professionalism and Incivility in the Courtroom.

If you are a personal injury attorney in Texas and would like to attend the event, register early to save up to $125. Visit our website at Stevenson & Murray for updates and more information on personal injury law.

Am I at Risk for a Drowsy Driving Accident?

According to the National Sleep Foundation, about 60% of adult drivers say they have been behind the wheel while feeling drowsy, and more than one-third of adult drivers have actually admitted to falling asleep while driving. These statistics might not be surprising, because most of us have been tired or sleepy while driving to work, school etc. However, we should be more mindful of what these statistics mean and how they can contribute to the dangers of drowsy driving.

Why Is Drowsy Driving Dangerous?

The National Highway Traffic Safety Administration (NHTSA) estimates that 100,000 police-reported car accidents are the direct result of drowsy driving every year. This is an alarming piece of data in itself, but this is just one fact we can attribute to the issue of drowsy driving. Drowsy driving is particularly dangerous because:

– There is no test for driver fatigue or sleepiness, unlike intoxication tests such as breathalyzers.
– There is little to no police officer training for identifying drowsiness as a factor in a crash. Accident report forms do include the factor of fatigue or sleepiness, but the law enforcement codes themselves are inconsistent across the country.
– Sometimes drowsiness/fatigue will play a role in car accidents attributed to other causes, such as alcohol intoxication.

How Do I Know If I’m at Risk?

Fatigue-related crashes are most common in young adults, men, adults with children and shift employees. According to a study by the AAA Foundation for Traffic Safety, people who sleep six to seven hours are twice as likely to be involved in a car accident, and people who sleep less than five hours increase this risk four to five times. Most drowsy drivers report that they are at their sleepiest when they are traveling to and from work. Also, people tend to fall asleep more on long, rural highways, and the peak of these crashes will occur between midnight and 6:00 a.m.

Drowsy driving accidents are equally as common and dangerous as drunk driving accidents, so they should be treated with the same precaution and seriousness. If you have been injured in a drowsy driving accident, the car accident attorneys at Stevenson & Murray can represent you in court. Contact us today for a free consultation.