${site.data.firmName}${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

PTSD and maintenance and cure

If you have experience a traumatic event that left you injured during the course of your employment as a seaman, you may seek maintenance and cure in New York under the Jones Act so that your employer will cover the costs of your medical care and certain expenses while you are undergoing treatment. However, even though you may make a complete physical recovery, if the incident left you with post-traumatic stress disorder, it may be difficult or impossible for you to function normally. We at Tabak, Mellusi & Shisha understand the importance of ensuring that maintenance and cure benefits cover all damages.

If you have been diagnosed with PTSD and are denied maintenance and cure, you may be able to take your employer to court and receive the benefits to which you are entitled. According to a decision by the U.S. District Court for the Eastern District of Louisiana, even if you had pre-existing PTSD, you may still be entitled to benefits for PTSD from the new trauma. You may not win your court case if your employer can show, though, that all of the following three things are true:

  •          You knew of the issue before you were hired and did not reveal it.
  •          Revealing it would have prevented you from being hired.
  •          It is directly related to the development of your current PTSD.

This may not be difficult to prove if you had to take a medical examination as part of the hiring process, or if you intentionally denied having any such issues in the interview. More information about the coverage you may receive after a work-related accident is available on 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