Dangerous baby cribs recalled

The United States Consumer Product Safety Commission is announcing that Jardine Enterprises, of Taipei, Taiwan, is voluntarily recalling about 320,000 Jardine Cribs.

According to the CPSC, the crib slats and spindlThe image es can break, creating a gap, which can pose an entrapment and strangulation hazard to infants.

Anyone with one of these cribs should send it back immediately. 

Kudos to the CPSC for pressuring the company to recall these dangerous products.

To read about other product recalls this week, go to http://www.cpsc.gov.

Exxon Valdez case - Punitive damages allowed under maritime law

The United States Supreme Court issued its long-awaited decision in the Exxon Valdez oil spill case.
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You can read the Court's opinion by clicking here.

Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.

Setting aside the fact that $500 million represents less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.

Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again substituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision. 

The silver lining

The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law. 

For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.

What this has meant, as a practical matter, is that maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.

The Exxon Valdez case seems to take away that defense.  Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.

What do you think about the Exxon Valdez case?  Did the Court get it right?  Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Construction workers and construction site injuries continue to be a major problem in Houston and Texas

Construction Workers Suffer from Workplace Injuries

Construction workers face numerous dangers on the roads, and every year well over a thousand workers are killed doing their job on America’s highways.  As a driver, you probably see road construction every day but you probably don’t stop to think about the risk that the workers face just doing their jobs. 

On the job injuries are a serious issue for Texas workers, and none more so than construction workers.  Nationwide in 2006 – the last year for which statistics are available from the US Department of Labor, there were 4,085,400 workplace incidents, which resulted in 5,840 deaths.  In Texas alone, 486 workers were killed in workplace related accidents in Texas.  The majority of Texas fatalities, 202, occurred in transportation related incidents.

The construction and maintenance of Texas roads and highways is essential, and construction crews work day and night to keep up with the demands of the job. 

Construction workers face unique dangers every time they arrive at the job site, including speeding cars, inattentive drivers, intoxicated drivers, and of course dangers from the work itself.  Problems with scaffolds, ladders, excavation and heavy equipment are not uncommon.  As a result, workers face injuries like severe burns, poisoning, electrocution, brain injuries, spinal cord injuries, dismemberment, and more. 

Can you imagine what it would be like if you went to work every day in that kind of environment?

Construction Workers: Dying for a Job

According to the Bureau of Labor Statistics, fatal highway accidents account for one in four fatal work injuries.  While many workers are struck by passing vehicles, on-site construction accidents are common as well. 

Construction work is inherently dangerous, but injury and fatality rates can be reduced if managers, supervisors, and workers adhere strictly to safety regulations.  Unfortunately, the lack of staff at the Texas Department of Labor means that workers – especially those outside of major metropolitan areas – are more than likely working on job sites where workplace regulations are neither enforced nor inspected by officials.

For every construction worker killed on the job, hundreds more are injured – some so badly that they are unable to work and support their families.  In fact, construction workers miss an average of ten days of work after an on the job accident. 


This is the second highest rate among all injured workers.  Not only are injuries a problem for workers at construction sites, but if a worker does get hurt, they have to ask the question – do I really want to report this injury to my employer?

To Report an Injury… or Not?

Even minor injuries can be a cause for concern when you depend on the well-being of your body for your livelihood.  A simple sprain or strain, which may seem like a minor injury at the time, can worsen as a worker continues on the job.  Despite the risk of a worsening injury, many workers will decide to not report a seemingly minor injury as they fear loosing their position on the crew or loosing wages. 

Unfortunately, in an attempt to save their jobs and income, not taking care of a minor injury makes re-injury very likely.  Of course, if an injury is not reported, a worker cannot receive compensation.  Because of this, some experts believe the number of reported work-related injuries is much lower than it is in reality, and leads to more serious injuries down the road.

Even if an injured worker does report an accident to their employer, they may not be granted the time off they need to rest and recover properly.  Some workers feel pressured into returning to work before they are fully healed, which again can lead to more serious injuries in the future.

In addition, if an injury is not reported immediately, the employer’s insurance company may refuse to cover the injury as an on-the-job incident, which means the injured worker is forced to either forfeit their income and recover on their own time, or keep working with a painful injury.

With the deck stacked against them in so many ways, it is a wonder that construction companies can find people willing to do this kind of dangerous work.  In addition, the loss of experienced construction workers in the coming years due to the retirement of many baby boomers is only going to make it more difficult to find skilled workers.

What to do if you are injured on the job

If you are injured on the job, the first thing you should is let your immediate supervisor know that you have been injured, and that your injury is a result of the work you are performing. 

If you belong to a union, make sure you notify your union representative as well that you’ve been injured on the job.  If at all possible, write down the details of your accident so that you have a record of everything that happened, and you don’t have to rely on your memory or the recollections of others.  What you are trying to avoid is people who “forget” about your injury and neglect to record it in an injury log as required by OSHA.

It is also important that you seek prompt medical treatment for your injury.  This is not the time to “suck it up” or try to be a hero.  Living with a painful injury does not make you stronger; in fact it can lead to more problems and could eventually derail your ability to work in the construction field.

If your injuries are serious or if you think that you aren’t being treated fairly by your employer or your supervisor, don’t hesitate to contact an attorney who specializes in workplace injury litigation.  You should not have to lose your job, your income, or your dignity because of an accident on the job.

If you have been injured on the job then you deserve time off to heal.  However, your employer might not be willing to give you the time and pay you need after an on the job accident to get better.  They may deny that you were hurt on the job or dispute the severity of the injury.  In this case you need an attorney who knows your rights and will fight to get you get proper compensation for your injuries. 

Want to read more about Texas accident and injury law? 

Please take a moment to read the following articles:

1.  How to select a Houston lawyer for you injury or accident case

2.  Common misconceptions in Houston truck accident cases

3.  Five things that could wreck your Houston car or truck accident case

4.  The insurance company wants me to give a statement - what should I do?

5.  How to beat the insurance companies at their own game - ask these 5 questions

6.  Do I need a lawyer for my Houston car or truck accident case?

7.  What to do immediately if you are involved in a Houston car or truck accident