New Orleans Personal Injury Lawyer - Workplace Injuries

Punitive damages for maritime claims

Timothy Young — Thu, 17 Sep 2009 08:40:50 GMT

In a most recent United States Supreme Court maritime decision, it was ruled that injured seamen could be awarded punitive damages in addition to their maintenance and care damages. Maintenance is the cost of lodging a person on the boat (food, room and board) after they have been injured. Care is the on-site medical attention received post-injury.

Edgar Townsend was a seaman and crewmember of the Motor Tug Thomas. He injured his arm and shoulder by falling on the steel deck. Afterwards, his Jones Act employer and the owner of the tugboat, Atlantic Sounding informed him that he would not receive maintenance and care. This was an obligation's of the owners under the Lewis federal precedent.

Townsend filed suit alleging maintenance, care and punitive damages for willfull and arbitrary failure to pay maintenance and care. An interlocutory appeal was filed which resulted in the court ruling in favor of punitive damages. This was appealed again and this time the Supreme Court firmly established that punitive damages were not only a general remedy in common law and maritime law, but that willful neglect and/or outrageous conduct was exactly the kind of behavior that punitive damages meant to deter.

The establishment of 45 Sec. (51-60) did not limit the remedies that could be sought. It merely outlined that negligence would be the measuring bar for liability. It in no way limits remedies or bars the common law rule of punitive damages or remedies in general

This new case on maintenance and cure law will help protect injured seaman and allow them to obtain medical treatment and compensation while they are injured. Now a Jones Act employer may think twice before wrongfully denying medical treatment and compensation to an injured seaman.

Originally posted at InjuryBoard by Timothy Young

Murphy Oil Tank Leaks into Mississippi River

Tim Young — Wed, 27 Jun 2007 17:15:28 GMT

Oil from a Murphy Oil owned cooling tank leaked into the Mississippi River Tuesday. The Coast Guard investigated the spill which consisted of a diesel-gasoline mixture. There was no information on whether the Coast Guard would issue a fine in this maritime associated spill.

Originally posted at InjuryBoard by Tim Young

Sixth L'Oreal Factory Honored by OSHA

Shannon Weidemann — Tue, 17 Apr 2007 20:54:34 GMT

L'Oreal operates six manufacturing plants in the United States and it was just awarded it's last OSHA Voluntary Protection Programs (VPP) "Star" Flag. The award recognizes effective workplace safety. On average plants that have been awarded VPP status have an injury rate that is 50 percent lower than other plants in the same field.

"L'Oreal is clearly committed to protecting the safety and health of its employees and, with recognition of today's achievement, the company has set an extraordinary example for other U.S. manufacturers," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "L'Oreal's investment in employee safety and health was the right thing to do, and I am certain it will provide great benefits in morale, productivity and competitiveness."
"We put the health and safety of our employees first and have achieved VPP compliance in all of our manufacturing facilities with their active collaboration," says Vince Serpico, senior vice president, corporate manufacturing, L'Oreal USA. "The certification of our Florence, Ky., facility is a further demonstration of our rigorous commitment to maintaining safe and productive work environments for our employees, our plants and the communities in which we have facilities."

Around 1700 workplaces have been awarded the VPP by OSHA. In 2003 L'Oreal set out to have the VPP awarded to all six of the plants it operates in the U.S.

Originally posted at InjuryBoard by Shannon Weidemann