Millions Recovered

  • $5,400,000.00 settlement involving a seaman who fell from a stairway during fire and boat drill aboard a container ship sustaining quadriplegic injuries. Partners Mellusi and Shisha personally inspected the vessel taking hundreds of measurements and still and videos of every stairway in the ship’s main deck house. The data was compared with the vessel’s design plans in our library which demonstrated the vessel had been negligently constructed in that it failed to follow the naval architect’s original design specifications.
  • $4,400,000.00 jury award to a former shipmate who sustained a shoulder injury while at sea. The third mate had to undergo multiple surgeries and will not be able to become a captain because of the injury.
  • $2,400,000 jury award to a licensed marine engineer who sustained permanent knee injuries while attempting to remove a 200 lb. valve from an overhead piping system. Partner Mellusi personally inspected the ship’s engine room taking detailed photos and measurements. A duplicate valve was obtained from a maritime junkyard and was brought into court along with an auto-shop mechanical hoist capable of lifting it 12 feet to demonstrate the vessel lacked suitable means to perform this work safely. The jury award was in top ten verdicts in the United States for a comparable knee injury. The case was tried to verdict in a New York Federal Court.
  • $2,980,000.00 jury award to a ship’s cook for back injury resulting from insufficient procedures for moving ship stores. Case tried in New York federal court.
  • $2,700,000.00 settlement to a mate on a Tanker vessel who sustained multiple fractures.
  • $2,000,000.00 was awarded to a barge deckhand – wrongful death.
  • $1,827,000 awarded to a marine engineer working on a US Government supply vessel who fell into an unguarded ventilation fan causing neck, shoulder and hand injuries. The case was tried non-jury before a federal judge in Baltimore Federal Court. The court award was subsequently determined to be within the highest ten verdicts for the State of Maryland in 2009.
  • $1,200,000.00 jury award to a ship’s Bosun who sustained shoulder and neck injuries while attempting to move plywood sheets on main deck of vessel during 40 knot winds. Case tried in New York Federal Court.
  • $950,000 awarded to passenger killed when his recreational boat came into collision with tow wire of tug and barge
  • $850,000 settlement, Federal Court Allentown PA., to seaman sustained herniated disk while lifting a 110 lbs crane hooks.
  • $840,000 jury award to a seaman who fell from ladder while painting sustaining fractured wrist.
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What is covered under maintenance for injured seamen?

If you are working on any type of private or commercial vessel, and you are injured, you have the right to file for maintenance and cure in New York. This type of compensation is different from the compensation from other injury accidents, and one of the questions our team at Tabak Mellusi & Shisha LLP is asked, is what falls under maintenance coverage.

The United States Courts for the Ninth Circuit states that one of the things maintenance covers is transportation that is related to your injury’s care. For example, if you damaged your spine in a fall on a ship’s deck, and you need to undergo physical therapy, then maintenance could pay for your use of a taxi or other service. The same would probably be true for follow-up medical appointments, clinical visits and trips for lab work.

Another item under the term of maintenance is lodging. The court points out though, that the cost is for single life. If you are married, or you live with family or roommates, then you would probably not be able to claim the full amount of rent for the apartment or house. However, you could determine the current rental rates in your area and use that as a way to calculate what you should ask for. Additionally, if you need to obtain an apartment, you may be able to claim maintenance to cover any down payment you have to make on the rental unit. Utilities may also be considered part of the lodging costs.

The third item that maintenance covers is food. However, the court does caution that the costs need to be reasonable in nature. Therefore, you would probably not be able to claim takeout and restaurant meals, but you could calculate the costs of a grocery budget to sustain you during your period of healing. To learn more about the benefits associated with maintenance, please visit our web page.

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Rated By Superlawyer Ralph J Mellusi Rated By Superlawyer Ralph J Mellusi
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