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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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What is maintenance and cure?

Workers in New York can typically receive compensation for on-the-job injuries through workers’ compensation. As a seaman, this coverage is not available for you. However, according to the U.S. Courts for the Ninth Circuit, federal law does require your employer to provide financial assistance when you have medical needs because of a physical condition that arose while you were in service on the vessel.

Your employer should cover the costs of both maintenance and cure. Maintenance describes the expenses related to your housing and food, as well as the transportation you need to access your treatment. Cure relates to coverage of your medical expenses. Being awarded this coverage does not relate to whether you were working at the time of your injury, and you may be eligible even if you were negligent. But, if you were behaving in an unacceptable manner such as being under the influence of alcohol or drugs when you were injured, you are unlikely to qualify.

If you are in an accident that occurs because of negligence on the part of your employer, you may be entitled to compensation through the Jones Act. In that case, you may have your medical expenses paid for through that award, and maintenance and cure would not apply. However, cure may still be awarded if the damages paid for the negligence claim do not include medical expenses.

Maintenance and cure last only until you have improved as much as you are likely to. For example, although you may never fully recover from the loss of a limb, once you have healed, received a prosthetic and been released by your health care provider, the financial assistance that covers your cure may come to an end. There are many factors that affect the award you receive, so the general information provided here should not be considered legal advice.

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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