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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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The basics: Maintenance and cure for maritime workers

If you work at sea then you might already know that your job is dangerous. Between slippery decks, long exhausting hours and tumultuous weather it is easy to get injured at sea. That is why seamen, deckhands, engineers and other maritime workers are covered under the Jones Act. Anyone working at sea is at a higher risk of injury than those working on land. The Jones Act gives extra protections to maritime workers because of the dangerous nature of the job.

Injuries for maritime workers can be costly

Maintenance and cure is available to any injured maritime worker who is covered under the Jones Act. Injured workers often have to take time off for an injury, which means they could miss entire bouts at sea and lose a lot of money. On top of losing work injured people must shoulder the heavy financial burden of hospital costs. That is where maintenance and cure come in. Employees can receive compensation while they heal from their work injuries.

The term maintenance and cure is exactly what it sounds like. Compensation is given to injured maritime workers so they can financially support medical costs (cure) and living expenses (maintenance) while they get better. It is easy to qualify for payments because you do not need to prove that your employer was at fault. The payments are like workers' compensation, available to all injured workers.

Maintenance explained

Maintenance payments are a living allowance for injured maritime workers. Workers can live off of these payments until they are healed and ready to go back to work. Unfortunately it is common for hurt workers to receive maintenance payments that are way below their standard of living. Payments can cover basics such as rent and minimal groceries. Car payments, the Internet bill and the phone bill might go unpaid.

Cure explained

Cure payments are meant to cover the medical costs for injured maritime workers. These payments should cover current and future medical costs for the injury. This can include:

  • Hospital bills
  • Medication costs
  • Testing and surgery costs
  • Follow up appointments

These costs are covered, along with maintenance payments until a worker is deemed completely healed by a doctor. Some employers want to rush their workers back too early. They might put pressure on their employees to tell the doctor that they are better, or they might hire an independent physician to complete their own exam. This independent doctor will be more inclined to say that the worker is ready to return to their job.

When people return to work too early after an injury then it can make the problem much worse. This can create long-term injuries that will cost a lot more pain and money in the end. Maritime workers who do not receive the payments that they require can turn to legal representation. Having an experienced maritime attorney while you go through the compensation process can ensure that you get the payments that you need.

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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