${site.data.firmName}${SEMFirmNameAlt}

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.
Practice Areas Menu

The Jones Act and private insurance: What you should know

As a seaman or dock worker in New York, you probably already have some form of private insurance in place. If you are injured at work, you may be told by your employer to just use that insurance to receive medical treatment. At Tabak Mellusi & Shisha LLP, we see these types of situations all the time and often explain to our clients why this is not a good idea.

Under the Jones Act, you are legally entitled to medical care, and you also have the right to file a lawsuit against the owner of the ship or company for damages related to your injury. This is important because employees who are not covered under the Jones Act must rely on the state's workers' compensation program, which does not give them the right to a trial. The Free Dictionary states that the Jones Act was established to give seamen the same rights as workers on land.

This right means your employer is obligated to pay for your medical care - not your own insurance company. By encouraging you to use your own insurance, the employer may be planning to argue that your injury was not work-related because you used private coverage. Likewise, relying on your private insurer can actually hinder the process of seeking damages under the Jones Act, which means it can take longer for you to receive a payment or judgment.

Under the terms of your private health insurance policy itself, the chances are high that it explicitly states that work-related injuries are not covered. If it does, your insurer has the right to put a legal claim on any monies that you receive from your lawsuit. Perhaps you suffer a severe injury that led to a medical care cost of $75,000 and you use your own insurance. You sue the owner of the ship and receive $100,000. Rather than receiving $100,000 however, you would have to pay the insurance company the full $75,000. For more information concerning injury and the Jones Act, please visit our web page.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Let Us Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Maritime FAQ

How do I know if I need an attorney?

Because of the complexities of Admiralty and Maritime Law, virtually all situations involving bodily injury and death require a timely consult with experienced maritime counsel.

Get More Answers

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