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The Law Offices of Daniel Weltin PC Blog

Common Construction Injuries Eligible for Workers’ Compensation in California

Construction sites are risky places to work. There are lots of ways workers can get injured. Accidents happen quickly and can cause severe injuries. Do you work construction in the construction industry in California? Did you sustain an injury on the job? If that is the case, you might be eligible for workers’ compensation benefits. This program covers many common construction injuries.

Restaurant Liability: When and How to Pursue Legal Action for Food Poisoning

When we decide to dine out at a restaurant, we expect a pleasant and safe experience. We trust that the restaurant upholds the highest standards of cleanliness and food safety. However, this is not always the case. Sometimes, due to negligence or improper food handling, patrons can experience food poisoning.

Know Your Rights: A Maritime Lawyer's Guide to the Jones Act Claims

The Jones Act, officially known as the Merchant Marine Act of 1920, is a significant piece of legislation in the domain of maritime law. This federal statute stipulates the rights and protections of seamen who sustain injuries or fall ill during their service on a vessel. The Act is a cornerstone of maritime law, which is a specialized field of law concerning activities and incidents that occur at sea.

Understanding the Longshore and Harbor Workers’ Compensation Act

Do you work in a maritime industry such as shipbuilding, longshoring, or harbor work? If so, you must know the Longshore and Harbor Workers’ Compensation Act (LHWCA). This statute offers crucial protections and benefits for employees injured on the job. Examining what the LHWCA is, who it protects, and how it functions will benefit you.

Exactech Total Knee Replacement Recall Lawsuit Lawyer in Oakland

Undergoing surgery can be very stressful for a patient. This is particularly true when that surgery is a significant one such as a knee replacement. Unfortunately, some patients who received a total knee replacement surgery with an Exactech knee implant may have a defective component.

Maintenance and Cure: What You Need to Know

Are you a Jones Act Seamen? If so, knowing your rights regarding maintenance and cure benefits is essential. Maintenance and cure are terms frequently used in maritime law, but only a few people understand what they mean. It is necessary to know what they are and your rights if you become ill or hurt while working on a vessel.

No Apportionment for Prior Injuries, and the Last Responsible Employer

Apportionment is the distribution of liability among various employers or carriers. Apportionment is applicable when the employee has a previous or preexisting injury. It falls on the Workers' Compensation Board to decide whether apportionment applies in a given case based on the facts. Comparing occupational injury and single accident claims reveals differences in handling apportionment.

Uninsured Motorist Insurance and Arbitration

Filing an insurance claim in the case of an accident helps one get compensated for damages or losses. For example, if you get involved and injured in a car accident in California, you can file a personal injury claim. The claim is often against the insurer or insurance company representing the other party at fault. However, there are situations where the other party has no insurance coverage.

Choice of Physician Under the Longshore Act

Under the Longshore and Harbor Worker’s Compensation Act, if you are a maritime worker that has suffered illness or injury at work, you have the right to choose your treating doctor. However, you only get one free choice. If you then wish to change your doctor again, you will need to obtain the consent of your employer or get an order from the U.S. Department of Labor. For this reason, we strongly recommend that you do your research and choose the right doctor the first time around. 

How to Calculate the Average Weekly Wage Under the Longshore Act

Every worker is unique, and the different types of injuries sustained can be huge, meaning that no two cases are ever exactly the same. Nevertheless, a worker covered by the Longshore Act is entitled to temporary compensation benefits of two-thirds of their average weekly wage (AWW) or wage-earning capacity while undergoing medical treatment.

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