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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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When your work injury may not be covered by the Longshore Act

Being injured on the job in a New York shipyard can be devastating, and trying to determine where to look for help while attempting to deal with your injury may be overwhelming. Depending on the nature of your employment, you may qualify for help with medical expenses and other financial hardships through the Longshore and Harbor Workers’ Compensation Act. At Tabak, Mellusi & Shisha, we are experienced in identifying the appropriate sources of compensation for shipyard employees.

The Cornell University Law School’s Legal Information Institute explains that even though you are an employee of a maritime company and you work in a shipyard, you do not automatically fall under the scope of the LHWCA. For example, there are many employers who may require you to work onsite, but you would not be considered a longshoreman. These include the following:

  •          Vendors or suppliers
  •          Transporters
  •          Restaurants
  •          Recreational operations
  •          Retail outlets

You would not qualify if you are a master or crew member in the service of a vessel. Also, if you are a secretary or other office worker, you do data processing work, or you are a security officer, your injury would not be eligible for coverage through the LHWCA. In these cases, you are likely to receive compensation through New York’s workers’ compensation law.

Even if you are building a vessel, you may not be covered because of the size or use of the vessel. For example, recreational vessels under 65 feet long do not meet the specifications for longshoring operations. More information about the LHWCA is available on our webpage.

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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