Maritime Lawyers Discuss - How Soon Should I Return to Work After My Offshore Accident?

Often, a Jones Act seaman or other offshore worker, dock worker or longshoreman will get injured and a maritime employer will immediately insist that the injured worker come back and do light duty work. Sometimes, the employer will even push an injured worker back out to an oil rig or a boat doing medium duty work.

Running back to work very quickly will be very bad for your case for a lot of reasons. When you are injured on the job, your company will have a lot of people watching you. You will be under maritime surveillance while you stay off of work and you will be closely looked at by everyone on the job if you go back to work. You'll be amazed that witnesses will come into court and testify they saw you doing very heavy activities out there once you went back to work, showing the court you were never really injured.

Many doctors, chiropractors, pain clinics and other medical providers that see you after you go back to work will think that since you are able to go back to work, you are probably doing well enough to work; therefore they will let you keep working. This means your treating physician will release you from care possibly sooner if an injured seaman can return to work on their own.

Of the many damages you are able to recovery in a maritime personal injury case, one of the largest will be your maritime wage loss claim and/or loss of earning capacity claim. Many people working within the maritime industry make good money, and when they get hurt, if they can't go back to full duty heavy labor they have the potential for a large amount of lost wages. When you go back to work, even if it's temporary, you are helping to prove the company's case against you. Your marine adjuster or maritime employer will look at the injured seaman's returning to work as proof that he or she can continue making as much money as before the accident.

A competent, experienced maritime lawyer will tell any injured offshore worker that he or she should never go back to work unless they believe that in their current medical condition they could be hired by another company. If your company offers you some sort of sheltered employment or light duty work that they are creating just for you, to accommodate your injuries, you want to ask yourself if in your current condition you could apply to work for another company and actually get a job. If you can't then you should not return to work.

For more information about your rights as an injured maritime employee, please email us today at SMSH Maritime Lawyers or call us at 1-800-282-2122.

Extremely Important Questions to Ask at Nursing Homes That Most People Never Think Of

When you to make the decision that your loved one needs a nursing home, and you are not sure where to turn to for help, there are many options available but how do you know you are making the right choice?

Extremely Important Questions To Ask At Nursing facilities

When you are looking at the many options of nursing homes for your loved one there are some extremely important questions that you need to ask at Nursing Homes that most people never think of. It's not because you do not want the answers, its more to do with not knowing what the nursing home is like. Will it be suitable for your loved one?

Here are seven questions that you should ask when interviewing a nursing facility for your family member/friend.

1. What time of the day is my loved one woken up? Are they allowed to sleep in?


2. What are your privacy terms for my loved one? Do you have a policy about knocking on the door?


3. What are the rules and regulations in regards to meal times? Can my loved one choose from a home cooked meal and decide what he/she would like to eat or even choose not to eat?


4. How much care time will be provided to my loved one?


5. What about Medication? Must my loved one have to take Medicine if they don't want to?


6. Can my loved one say No to any of the care that is not suitable for him/her?


7. Is the staff all trained to show that the level of care will be meet?

There are many more extremely Important questions to ask at nursing homes that most people never think of and it is not until you have to make the decision to place your loved one into care that you soon realise that you need to know the answers. If you are too overwhelmed about the new decisions that you are facing, then it is advisable to have a note pad and pen, with your questions already written. Also be a great idea to have a friend that is not a family member attend the interview with you so that your friend can support you with any questions you do have.

Most Nursing Facilities now days keep to a minimum standard of care, but it is still good to ask as many questions as possible because when you think about it - the Nursing Staff will be looking after your Mum or your Dad, or your Sister/Brother/Uncle/Aunt/Parents-In-Law......Have you really thought about what goes on behind those closed doors of the Nursing Home?

Nursing Homes are there for looking after the aged. Yet finding one that will make you happy, and your loved one happy takes time. Ask your questions and decide wisely. The nursing home will be their new home and if you loved is happy then you are happy. If they are sad then your life will be soon affected.

Extremely Important Questions To Ask At Nursing Homes That People Never Think Of.....that list could keep on going and will be as long as you want. If you think seven questions will cover all you need to know then that is all you need to ask. If not ask more. Think about what you want to know and ask the nursing home, even go back with another set of questions if you are still needing answers.

To find out what other Nursing Issues occur in Nursing Homes go to Nursing Issues.

The Truth About Long-Term Care

As I advise people on care options for their family members, most are surprised to learn about various nuances of insurance coverage as well as the various long term care options available.

See if you can answer these True or False statements.

1) T or F - More people reside in larger assisted facilities and nursing homes than smaller, residential care homes.

2) T or F - Insurance coverage for Homecare is limited only to medically necessary skilled care.

3) T or F - Fewer than 15 percent of the elderly needing care live in nursing homes.

4) T or F - Most of our parents prefer to stay at home and it is the best place for them.

5) T or F - Medicare does not pay for long-term care.

6) T or F - The leading cause of death among seniors (65 years +) are falls.

7) T or F - In order to be eligible for Medi-Cal, you must exhaust your financial assets and have very limited income.

8) T or F - Less than ten percent of personal care costs in the U.S. are paid by private long-term care insurance.

9) T or F - Long-term care insurance are not for those who are financially secure.

10) T or F - The highest percentage change for cause of death is Alzheimer's disease.

ANSWERS:

1. False. There are more total residents staying in licensed, Residential Care Homes larger communities with hundreds of residents.

2. False. Though non-medical homecare is not covered by health insurance, some is covered by long-term care insurance. Non-medical or personal assistance may be help eating, bathing, or going to the bathroom. It may be a ride to the doctor or the grocery store, or help balancing a checkbook or cooking dinner.

3. True. Most of us get this care at home or in the home of an adult child or relative, not in a nursing home. In fact, nearly 80 percent of the frail elderly and the disabled live at home.

4. False. Of course each situation is different, but living at home can be lonely and often dangerous. If your mom or dad needs lots of help, there are several options which also may be less expensive than staying at home in a potentially unsafe environment.

5. True. Neither will Medicare Supplement insurance. These programs will pay only for limited nursing home or home health care, and only after a patient is discharged from the hospital.

6. True. In 2006, there were 16,650 fall-related deaths or 37% of all deaths among the elderly. In 2007, 3,134,935 seniors experienced an injury. Most seniors were injured by a fall: 1,927,766 seniors or about 62% of all senior injuries.

7. False. The misconception is you have to spend all your money to qualify for Medi-Cal. This isn't always true. You may be able to protect your assets by utilizing different legal trusts such as special needs trust, irrevocable trust or a revocable living trust. However, once qualified for Medi-Cal, there are limited long-term care options.

8. True. More than 80 percent of Americans have health insurance, usually through their jobs or from Medicare. Yet only seven percent of us have long-term care coverage. That is the real crisis of the uninsured.

9. False. Long-term care insurance is extremely important for those at any income level. On average, Assisted Living costs are $40,000 per year and Nursing Homes average $82,000 per year. A Long-term insurance option is part of the new Health Reform Plan called The CLASS Act which will offer only minimum coverage, but it's a start.

10. True. Between 2000-2006, Alzheimer's disease had a 47.1% increase as cause of death. All other major causes of death decreased - Heart disease (-11.5%), Breast cancer (-0.6%), Prostate cancer (-14.3%), Stroke (-18.1%).

Employed Position Describes Your CNA Duties

If you have completed Nurse Aide Training program and earned the CNA Certification by passing the Licensing Test, you are allowed to work in a hospital, nursing home, hospice, long term care unit, rehabilitation center and other facilities. You are also permitted to work as a travel nurse aide, home health aide, private duty CNA and school nurse aide.

In course of your employment for routine nursing cares of the patients, you are required to execute various types of CNA Duties. It is also necessary that you must follow the provisions of state and federal authorities, and Nurse Practice Act, while executing your job responsibilities.

It is also wise to remember that your CNA Job Description shows the responsibilities that must be executed by you. You may be working part time, full time, day or evening shift. In addition, you must be ready to start your shift any time, irrespective of your shift hours because a patient require 24 hours caring and may require your service anytime.

Further, you must be fit and active because, in course of your employment as a nurse aide, you may also have to travel frequently to attend patients in distant locations and perform duties as required by the patient. You must be capable of lifting certain weight because you may have to reposition the patients, assist them in their movement through wheel chair and stretcher.

As a certified Nurse Aide, you must also keep in mind that different facilities also require execution of varied duties, and your responsibilities varies from facility to facility. For example, if you work in a Rehabilitation Center, you are required to deal with elderly residents and perform responsibilities related to that Center.

Your duties in Rehab Center include:

• Maintain Health Condition and Care Report of the resident.
• Assist the residents in their daily living activities.
• Count, measure and record vital signs.
• Assist in, speech or occupational therapy activities as directed by the therapist.
• Work under the direct supervision of the registered nurse and report everyday condition of the patient to RN.
• Assist in the rehabilitation plan and transfer of the resident.

Similarly, if you work as a Travel Nurse Aide, your job requires working in a distant located facility. The duty that must be executed by you depends on your employed facility. You may have to execute basic nursing duties, along with the facility specific duties. The job Description of a travel nurse aide depends on the place of working.

It is also vital that whatever be your CNA Duties and Responsibilities, you must bear compassionate nature and humble behavior while offering cares to the patients.

Senior Care - 4 Tips For Retrofitting The Home

Aging in place is the term used for retrofitting existing homes to meet the changing needs of senior citizens. It helps the elderly by providing the necessary safeguards and conveniences which allow these individuals to remain in their homes, keep their independence and protect their dignity. Four simple adjustments can make the homes of our seniors safer and easier for them and any caregivers who assist them.

The four simple retrofits most often suggested by senior care professionals are:

1. Brighter lights

Special lighting on stairways, steps and hallways save the elderly from falls. Senior care professionals can make a detailed evaluation of the home and suggest additional lighting or brighter light bulbs where needed.

2. Bathroom

Adding grab bars on the toilet or in a shower increase comfort and security for your loved one and provides peace of mind for family.

3. Steps / Stairs

Ramps instead of stairs or a lift chair for a flight of stairs are suggestions frequently made by senior care professionals. They allow the mobility impaired the freedom to use their home fully without worries about falls.

4. Rearrangement

The well-trained, professional employees of a local senior care provider can assist individuals with rearranging cupboards, closets and rooms to accommodate current abilities and needs. A few simple changes provide independence and the personal satisfaction of being able to do it themselves.

Homeowners take note: check your local building codes before you begin a retrofitting project that involves stairs and ramps. Depending on the county and town in which you live, building codes may vary and a permit may be needed before you begin. This adds to the expense but is well worth the peace of mind you get knowing your project is legal and safe.

Most of the retrofits suggested here are not expensive. Home care and home health care providers can be very helpful to you if you are considering a retrofit for a loved one. They are familiar with different ways of doing things and how each type of movement restriction affects individuals aging in place. This knowledge allows these professionals to meet the changing needs of seniors. Many of these companies will provide you a free consultation on retrofitting a home. In addition, their care services are available on a temporary or full-time basis, from a few hours a month to around-the-clock care. They are true professionals dedicated to preserving a senior's dignity, providing assistance and bringing peace of mind to all concerned.

How Long Will My Personal Injury Claim Take to Complete?

Unfortunately there is no short and simple answer to the question. All personal injury claims are different, each case is unique and treated as just that therefore some may be resolved very quickly whereas others may take longer periods of time.

Sometimes especially when emotions are already running high, it may be difficult to appreciate why the process can be an extensive one at times. The fact is that personal injury claims are taken very seriously, the sole motive of your personal injury solicitor is to secure the best possible outcome for you regarding both compensation and rehabilitation. However in order to do this, a number of key factors must be fully explored before any compensation can be awarded.

1) The Facts

It is fundamental to all personal injury claim that a full investigation of the incident is undertaken in order to build up an accurate portrayal of how the injury occurred. Despite having expert experience in handling personal injury claims, the injury solicitor did not witness the incident therefore it is important for them to gain a clear understanding of the series of events before, during and after. They will work with you to gather as much information as possible regarding the accident, in a sensitive and professional manner. After assessing the facts, if they believe that you could have a potential case they will guide you through making a personal injury claim.

The more proof that can be established to substantiate your claim, the better. This could be in the form of witness statements, pieces of equipment which caused the injury or photographs etc. With full appreciation that evidence may have been the last thing on your mind post-injury, your personal injury lawyer will offer their expertise to help gather the necessities to affirm your claim. Medical evidence also plays a key part and your injury solicitor will require all relevant medical documentation of treatments and rehabilitation to prove your injuries. Acquiring the relevant information can be time-consuming but it is fundamental to make your case as strong as possible.

2) Liability

Establishing liability is possibly the most important factor of all personal injury claims - it is pivotal to the length of time that the personal injury claim will take. In short, claims typically tend to be settled more easily if the other party is cooperative and admits liability. If they dispute blame then further investigations are likely to be needed which can lengthen the process.

Your injury solicitor will handle all contact with the other party therefore you do not need to worry about this. In some cases, they will quickly admit fault and make a compensation offer for you to consider. However the other party may take a long time to respond to the claim or even deny responsibility altogether. If liability cannot be assumed even after additional investigations, court proceedings may be suggested which can add on more time to the process. This is why gathering as much evidence as possible can be particularly useful.

3) Settlement

Reaching settlement is the last milestone of the personal injury claim journey however once again, the time it takes can be dependent on the cooperation of the other party. Your injury solicitor wants to see that you are rewarded with the compensation that you deserve but negotiation between parties is not always easy.

In some instances the other party may immediately offer a sum which you are happy with yet in other cases, the offer made may seem unreasonable. In this event, your solicitor will try and negotiate to reach the best possible outcome but if this cannot be reached, court proceedings may be suggested which will add time to the procedure. It could also be costly therefore if the offered sum is only slightly short of your expectations, you may want to seriously consider whether going to court would be of any merit baring it mind you could lose the case altogether.

There is no benefit to either party in making the case any longer than necessary. Your solicitor will do whatever they can to ensure that the whole process of making a personal injury claim runs as smoothly and quickly as possible and results in the best potential outcome.

When is a Nursing Home Appropriate for the Alzheimer's Patient?

Caring for an Alzheimer's patient can be a huge burden. When it becomes too hard and too time consuming for you to take care of your loved one, it may be time to look for a nursing home.

When you feel comfortable, then you can start planning ahead which will help avoid crisis situations later. You may not ever need a nursing home, but act in a proactive manner just in case the day comes. It is well known that making decisions in a crisis situation can be very difficult and stressful on everyone, so make sure you plan ahead of time.

You may find information and a list of nursing homes in your area from your local Alzheimer's Association, or an elder law firm. They are most likely to have a list of facilities that offer dementia care or at least a dementia unit.

When you find the nursing home that will be the most appropriate for your loved one with Alzheimer's, make sure you check the following:

• What is its appearance? When was their license accredited?
  
  


• Is the facility location convenient for you and your family for frequent visits?
  
  


• How does the staff react to questions -- are their greetings warm and welcoming, do they interact with your loved one?
  
  


• How well do the resident participants socialize with other people?
  
  


• Are visits allowed and are they encouraged?
  
  


• What is the staff ratio per patient? It should be at least 1 staff member for 8 persons.
  
  


• Is it possible to take a tour of the facility and the rooms?
  
  


• If there is a waiting list, how long will it take before your loved one can be accepted?
  
  


• Do they have a single room or do they share with another patient?
  
  


• Are these rooms furnished or unfurnished? If unfurnished, you will be able to bring your own furniture and decorate your room as wanted.
  
  


• Are there elevators? What kind of emergency plan do they have if a patient needs to be evacuated promptly?
  
  


• How do they handle patients that wander and what kind of security do they have?
  
  

These are some of the questions you can ask on your first visit. You can always come back later or give them a call later if you have other questions.

Another aspect of the nursing home to take into consideration is the financial issue. Most insurance companies will not cover these costs. When your loved one is being admitted in the nursing home you selected, the admittance staff will be able to assist you and discuss the payment options with you.

Make sure to ask what is included in the fees or contract:

• Is there an ongoing process for assessing a resident's need for services and how often are those needs evaluated?
  
  


• What additional services and staff are available if the resident's needs change?
  
  


• Is there an agreement available which discloses healthcare, accommodations, personal care and supportive services, all fees, and admission and discharge provisions, emergency services if necessary?
  
  


• Is there any government or other programs available that may help covering the costs?
  
  


• What happens if funds are used up and full payments can no longer be made. Does the facility accept Medicaid?
  
  

You want as well to have a good knowledge of the environment and the type of healthcare your loved one is going to receive:

• What type of healthcare and personal care are available? Do they have routine exams available, like vision and dental?
  
  


• What is the qualification of the staff members?
  
  


• Is the staff available to assist residents who experience memory loss or disorientation, and how do they handle it?
  
  


• Does the staff take care of the doctor's appointments? Do they drive them over there and wait for them?
  
  

There is one more thing to consider when deciding if the nursing home is appropriate for your loved one with Alzheimer's. Will he/she be happier than at home? Many people do quite well in nursing homes.

Once your loved one enters the nursing home, he/she can still leave for short trips to sleep over at family and friends. If he/she is unhappy, a transfer to another facility or a return home with assisted living may be an option.

You may also doubt how beneficial a dementia care unit can be for your loved one who has Alzheimer's. If the dementia unit is developed and staffed correctly, it can be very valuable. The idea of a dementia care unit is to provide specialized care. This includes staff training specifically for dementia, smaller units to ease feelings of being overwhelmed, a quieter environment to prevent over-stimulation, and a locked unit safe for wandering and pacing. Wandering and pacing are symptoms that most Alzheimer's patients experience. Instead of trying to stop them from this behavior, dementia units let them continue it in safe surroundings. Most facilities for Alzheimer's care have their own activity director and many times the direct care staff are also trained to participate in activities with the residents with dementia.

To obtain more information on facilities in your area that offer dementia care units for Alzheimer's patients, contact your state's Department on Aging.