Daylight Savings Time, the practice of temporarily advancing clocks during the summertime so that evenings have more daylight and mornings have less, has been observed since 1895. The practice is the source of much annual anticipation for individuals eager to benefit from longer days and more day lit hours. A study from the American Psychological Association, however, suggests “springing forward” from Standard Time to Daylight Savings Time may have some unintended consequences such as disrupted sleep patterns and an increased risk for workplace injury. With the change, you have to go to bed earlier and get up earlier than usual. According to the study’s authors, the hour of sleep lost when Americans set their clocks an hour ahead each spring results in higher rates of workplace accidents caused by sleep loss. The study analyzed accident and time use data from the Mine Safety and Health Administration and Bureau of Labor Statistics, concluding that the average person sleeps about 40 minutes less the Sunday night of the time switch resulting in approximately 3.6 more work injuries the following Monday in hazardous occupations such as mining and construction.
What is The Jones Act? The Jones Act governs transportation of merchandise between U.S. ports. To participate, a vessel must be built in the United States, flagged (or registered in the United States), be owned by a company with 75% U.S. ownership, and crewed by 75% American sailors. How Does The Jones Act Benefit Southeast Louisiana? Southeast Louisiana’s First Congressional District is number one for Jones Act jobs. • The district supports 33,590 jobs that generate an $8.97 billion economic impact for the state. • Between 2011 and 2016, 8,540 new Jones Act jobs were created in LA-01. • Louisiana overall has 70,780 Jones Act jobs with an $18.2 billion economic impact. • Nationally, the maritime industry supports 648,220 jobs and generates a $154.8 billion economic impact. How Does The Jones Act Benefit Injured Workers? The Jones Act is also helpful to injured Jones Act Seamen insofar as it allows an injured Jones Act Seaman to recover full compensation for his injuries. Most workers compensation systems such as the Louisiana Workers Compensation Act and Longshore & Harbor Workers Compensation Act only provide for a limited recovery, including weekly or biweekly wage loss benefits and medical benefits and limited death benefits for certain people. However, the Jones Act permits the Jones Act Seaman to recover for the seaman’s related past and future loss of income, expenses of medical care, pain and suffering and disability (loss of enjoyment of activities of normal life). For death, the seaman’s representative can recover for certain […]
The Louisiana Third Circuit Court of Appeal recently addressed an appeal in a maritime injury dispute following an accident that injured a welder working on a floating mat for a construction project. The injured plaintiff in this case was awarded over three million dollars, and liability was imposed upon his employer. At issue on appeal was whether the court properly found he had seaman status under the Jones Act, and whether the award of general damages was an abuse of discretion. Ernest Lee Guidry, the plaintiff, worked as a welder for Tanner Services, LLC, the defendant, for over two years. Mr. Guidry had been assigned a project in Grand Isle and was working in the marine division for this particular project. Three barges and two tugboats were used as “floating docks” for a crane and to prepare for welding. Mr. Guidry spent most of his time on the floating mat, which was a large piece of wood that was much like a raft in the water. A vibrating hammer fell and struck Mr. Guidry while he was welding piles on the floating mat. He endured multiple injuries and underwent several surgeries after the accident, including a crushed foot, the amputation of four fingers, herniated discs, a concussion, post-traumatic stress, and total and permanent disability.
Many of my Louisiana Workers Compensation, Longshore & Harborworker and Defense Base Act clients injure their back or neck on the job. Often they have back or neck pain that their treating physician wants to treat with epidural steroid injections. According to a recent April 23, 2014 warning put out by the Food and Drug Administration, these injections inserted into the spine may cause serious negative consequences, including loss of vision stroke, paralysis and even death. A number of the adverse effects have occurred within 48 hours of the injection. The FDA has not approved injections for back and neck pain. Speak with your healthcare provider if you want to switch to an alternative form of treatment.