Godwin, Morris, Laurenzi & Bloomfield, P.C.Memphis Personal Injury Attorneys | Godwin, Morris, Laurenzi & Bloomfield, P.C.2024-03-28T21:51:29Zhttps://www.gmlblaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502218/2020/02/apple-touch-icon-75x75.pngOn Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487992024-03-28T21:51:29Z2024-03-28T21:51:29ZEmergency response and disaster relief
During times of national emergency or significant disaster, such as hurricanes, the government grants Jones Act waivers to ensure the efficient flow of goods and aid to affected areas. These waivers allow non-U.S. flagged vessels to transport goods, including food, water and medical supplies, between U.S. ports (domestic shipping) in impacted regions temporarily.
Insufficient U.S. flagged vessels
At times, there may be a shortage of U.S.-flagged vessels available to meet the demand for transporting goods between domestic ports. Jones Act waivers enable foreign-flagged vessels to transport goods and address this shortage. These waivers ensure the uninterrupted flow of commerce.
Market conditions and economic considerations
In certain circumstances, economic factors may influence the decision to grant Jones Act waivers. For example, during periods of market volatility or supply chain disruptions, waivers may alleviate pressure on domestic shipping capacity and price stability.
Waiver decisions
The Secretary of Homeland Security determines the need for and grants waivers to foreign ships. This office bases its decisions on U.S. ship availability and situation urgency. It also considers the impact of the waiver and the shortage not granting it would cause on national security and the economy.
While the Jones Act serves as a cornerstone of U.S. maritime policy, its waivers ensure the resilience of the nation's maritime transportation infrastructure in times of crisis.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487982024-03-19T19:03:40Z2024-03-19T19:03:40ZPotential strike
ILA union members are considering a strike due to concerns about their work conditions, pay and benefits. Dockworkers are especially concerned about the recent trend of dock automation. Dock technology often replaces people, despite a recent study that found 7% to 15% lower productivity at automated ports compared to ones with only human workers.
Contract deadline
Workers threaten to strike as part of a negotiation with the United States Maritime Alliance. Their current contract with this organization will expire on September 1, 2024, and they would like to change many of the contract terms before renewing. The ILA president gave a deadline of May 17 to finalize a new contract.
Consumer impacts
A strike by ILA members could have far-reaching consequences beyond just the ports. It could disrupt supply chains, leading to shortages of goods and higher prices. Businesses that rely on timely deliveries could face challenges and consumers could see delays in receiving products.
Textile industry concerns
Stephen Lamar, President and CEO of the American Apparel & Footwear Association, recently wrote a letter to President Biden expressing concerns about the potential strike. In the letter, Lamar emphasized the importance of the ports to the economy and urged the President to intervene to prevent a strike. He also highlighted the impact a strike could have on the holiday shopping season.
The threat of a strike highlights the importance of the work done by dockworkers and their need for fair pay and safe working conditions.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487912024-02-28T02:22:40Z2024-02-29T02:21:23ZHeat exposure
Thermite reaches temperatures of up to 4500 degrees Fahrenheit. This intense heat can cause burns on exposed skin if workers do not have the following personal protective equipment:
Gloves
Goggles
Heat-resistant jackets and pants
Boots
Supervisors must also allow workers to stay hydrated and take breaks in cooler areas to prevent heat-related illnesses.
Molten metal splatter
During the welding process, molten steel can splatter, posing a risk of burns to individuals who are not working directly on the welding job. Because of this risk to bystanders, all workers in the immediate area should wear appropriate protective clothing.
Fume inhalation
The thermite reaction generates so much heat that aluminum oxide and other metal oxides become minute, air-born particles that workers can easily inhale. Because prolonged exposure to these fumes can lead to respiratory issues, workers should wear respiratory protection, such as masks or respirators.
Noise exposure
While the thermite reaction itself is fairly quiet, other equipment used to fix railroad tracks can generate high levels of noise. Prolonged exposure to this noise can damage hearing over time. Workers should wear ear protection, such as earplugs or earmuffs, to prevent hearing loss.
Eye injury
Workers can suffer eye damage from thermite in two ways. The first is from dust entering the eye and potentially scratching the cornea. The other way is by looking directly at the thermite reaction. The explosion releases light in the ultraviolet spectrum, so staring at it can damage the retina in the same way looking directly at the sun does.
Besides the unique risks that thermite presents, railroad workers should also stay aware of other potential job-related injuries such as trips and falls, muscle strains and electrical hazards.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487902024-02-20T01:49:10Z2024-02-20T01:49:10Z1. Fishermen
The life of a fisherman is one of the most perilous in the maritime industry. They face unpredictable weather, rough seas and heavy equipment handling, making their job inherently dangerous. Slips, trips and falls on slippery decks are common, and the constant exposure to the elements poses a threat to their well-being.
2. Commercial divers
Commercial divers perform important underwater tasks such as inspections, repairs and construction. Despite advancements in technology, diving remains a hazardous occupation. The risks include decompression sickness, hypothermia and equipment malfunctions. A single mistake or equipment failure can have severe consequences for these brave individuals.
3. Deckhands
Deckhands work tirelessly on the deck of ships, handling cargo, securing vessels and maintaining equipment. The physically demanding nature of their job, coupled with the potential for heavy machinery accidents, puts them at significant risk. Lifting injuries, falls and entanglement with equipment are constant concerns for deckhands.
4. Oil rig workers
Working on an oil rig is a challenging task that demands focus and precision. The combination of heavy machinery, flammable materials and the isolation of offshore platforms elevates the risk level. Accidents such as fires, explosions and falls from heights are genuine threats that oil rig workers face daily.
5. Seafarers
While not immediately apparent, mental health is a significant concern for seafarers. The isolation of long voyages, unpredictable schedules and the stress of navigating vast oceans contribute to mental health issues. Depression and anxiety can impact a seafarer's ability to perform their duties safely.
Maritime jobs are important for global trade and commerce, but they come with inherent risks. Each role has its own set of dangers. It is important for both employers and workers to prioritize safety measures and regulations to mitigate these risks and ensure the well-being of those who keep our maritime world afloat.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487892024-01-30T21:17:54Z2024-01-31T21:17:47Z1. Missing plan documents
One clear indicator that something might be amiss is the absence of written plan documents outlining your benefits. These documents should detail important information like who is eligible, how much you can contribute and the distribution of benefits.
2.. Lack of fiduciary oversight
ERISA requires employers to act as fiduciaries when managing employee benefit plans. This means they have to put your interests first and make decisions prudently. If you notice your employer is not properly overseeing the plan, such as not regularly reviewing investments or allowing conflicts of interest to influence decisions, it could be a sign of non-compliance.
3. Mishandling of plan assets
It is also important to keep an eye on how your employer handles plan assets. ERISA requires holding these assets in trust for your benefit. If you suspect misuse or mismanagement, such as it getting mixed with company funds or used for personal gain, it could signal a breach of fiduciary duty.
4. Failure to file Form 5500
If you are aware that your employer has not filed Form 5500, a required annual report detailing information about the benefit plan, with the Department of Labor, it could indicate potential compliance issues. This oversight could lead to penalties and further scrutiny from regulatory authorities.
When you work hard for your money in a challenging industry, you want confidence that your future is secure. Unfortunately, some employers try to cut corners. In FY 2022, the Employee Benefits Security Administration 2022, handled 907 civil investigations, 66% of which led to corrective actions.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487882024-01-18T21:19:59Z2024-01-18T21:19:59ZSpinal cord basics
The spinal cord is a component of the central nervous system. It carries messages between the brain and the rest of the body. When something compromises this delicate system, it can impact motor and sensory functions. The impact of an injury relies on severity and location.
Complete and incomplete injuries
SCIs fall into two main categories: complete and incomplete injuries. A complete injury is the full severing of the spinal cord. It causes a total loss of function below the injury site. This is the scenario most commonly associated with paralysis.
Incomplete injuries involve partial damage to the spinal cord. In this case, there is some degree of function and sensation that remains.
Level of injury
The level of the injury also determines the impact on bodily functions. Injuries higher up on the spinal cord, such as in the cervical region, are more likely to result in paralysis or significant loss of function. Injuries in the thoracic or lumbar regions may affect the lower body while preserving upper body function.
Treatment options
Advancements in medical science and rehabilitation have significantly improved outcomes for individuals with spinal cord injuries. Rehabilitation programs, tailored to the specific needs of each patient, aim to maximize recovery and enhance independence. In many cases, it is possible to avoid complete paralysis and regain significant motor function over time.
Not all spinal cord injuries lead to paralysis. The unpredictability of spinal cord injuries means every case is unique, and the impact of an SCI can vary widely among individuals.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487872024-01-05T19:56:54Z2024-01-05T19:56:54ZMedical expenses
After a maritime accident, the foremost concern is often the immediate and long-term medical expenses. Compensation can cover hospital bills, rehabilitation and any other related medical costs. Securing compensation can alleviate the financial burden of these expenses.
Lost wages and income
A maritime accident can compromise your ability to work due to injuries or disabilities. Compensation can address the loss of income during recovery and provide financial support for the future. This ensures that you and your family can maintain financial stability despite any unforeseen circumstances.
Pain and suffering
Maritime accidents often result in physical and emotional pain. Compensation may include damages for the pain and suffering experienced as a direct consequence of the accident. This aspect of compensation acknowledges the intangible toll the incident takes on your well-being and quality of life.
Property damage
In some cases, maritime accidents may lead to damage or loss of personal property. Compensation can cover the repair or replacement costs of damaged belongings, such as vehicles, personal items or equipment. This helps you recover not only physically but also materially from the repercussions of the accident.
The United States Coast Guard reported 2,222 maritime injuries for the year 2022. Accidents on the water can be devastating for maritime professionals and recreational boating enthusiasts alike. Understanding your options for compensation can make all the difference on your journey to recovery.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487862023-12-21T20:33:20Z2023-12-21T20:33:20Z1. Seek medical attention
In the immediate aftermath of a vessel collision, prioritizing safety is important. Seek medical attention promptly, ensuring the documentation of injuries by the ship's medical staff. Report the incident to the ship's master or superior, providing a detailed account of the events leading to the collision.
2. Document the scene
Take photographs of the collision site, capturing the damage to both vessels involved. Record any relevant information, such as weather conditions, time of day and the speed of the vessels. This documentation can be invaluable when establishing liability and seeking compensation later.
3. Notify the appropriate authorities
Inform the appropriate maritime authorities about the collision, adhering to established reporting procedures. This helps ensure a thorough investigation into the incident and may contribute to the resolution of any disputes.
4. Cooperate with the investigation
Collaborate fully with any investigations conducted by maritime authorities. Provide clear and concise statements regarding your perspective on the collision, avoiding unnecessary details. Cooperation demonstrates a commitment to a fair and thorough resolution of the incident.
5. Communicate with colleagues
Share information about the collision with fellow crew members. This establishes a collective understanding of the incident, which may be helpful during subsequent legal proceedings.
In 2021, the water transportation industry had a nonfatal injury rate of 2.3 per 100 full-time workers. Although lower than some other industries, accidents still happen. If injuries happen due to a collision, taking the right steps can help maritime workers protect their rights and work toward a just resolution.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487852023-12-12T01:20:10Z2023-12-12T01:20:10ZSlips, trips and falls
Slips, trips and falls are among the most common injuries in the maritime industry. Wet and slippery decks, moving ships and obstacles on board can all contribute to these accidents. These incidents can lead to a range of injuries, from minor bruises to more serious fractures or head injuries. Additionally, there is always the risk of falling overboard. In fact, approximately 30% of the fatalities that happen on commercial boats each year are due to workers falling overboard.
Back and spinal injuries
Due to the heavy lifting and physical labor involved in maritime work, back and spinal injuries are also common. These injuries can occur from lifting heavy objects, working in awkward positions or even from the repetitive motions that are part of many maritime jobs.
Hand and arm injuries
You also face a high risk of hand and arm injuries. These injuries can occur from handling ropes and wires, working with machinery or during maintenance tasks. Cuts, fractures and even amputations are risks that maritime workers face.
Hearing loss
Prolonged exposure to loud noises, especially in engine rooms and during machinery operation, can lead to hearing loss. This type of injury might not be immediately apparent but can have long-term effects on your health and quality of life.
Always remember to follow safety protocols, use the proper equipment and stay alert to the hazards of your work environment. Remember, taking these precautions can help ensure your safety and well-being in this challenging and rewarding field.]]>On Behalf of Godwin, Morris, Laurenzi & Bloomfield, P.C.https://www.gmlblaw.com/?p=487842023-11-27T14:06:23Z2023-11-26T21:14:31Z1. Understand your grievance procedure
Every union has a grievance procedure in place to address internal conflicts and member concerns. Begin by familiarizing yourself with this procedure, which typically involves reporting issues to your union representative.
2. Open communication channels
Effective communication is key when it comes to resolving internal issues within a union. Initiate a dialogue with your fellow union members and representatives. Express your concerns in a clear and concise manner, focusing on the facts and how the issues impact the overall well-being of the union and its members.
3. Attend union meetings
Participating in union meetings provides a platform to voice your concerns and stay informed about the union's activities. By actively engaging in these gatherings, you contribute to the democratic process within the union and help shape its direction. Additionally, attending meetings allows you to connect with other members who may share similar concerns.
4. Utilize union resources
Most unions offer various resources to assist their members. Take advantage of these resources, such as workshops, training sessions and informational materials, to enhance your understanding of the union's internal workings. Knowledge is a powerful tool in addressing and resolving issues effectively.
In 2022, 14.3 million workers belonged to a union. While coming together should strengthen the workforce, issues and grievances can arise. When that happens, members have different options at their disposal.]]>