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December 2017 Archives

Reporting unsanitary conditions may be protected action

New Yorkers, like people everywhere, do not like to talk about it, but everyone needs to use the bathroom throughout the workday. If there are insufficient facilities for doing so or no means for washing one’s hands afterward, this lack causes some valid health concerns. Workers may feel silly bringing up the matter to a supervisor, but the health threat is real.

Are you covered under the Jones Act or the Longshore Act?

You were hurt on the job, and you need compensation to cover the cost of your injuries, including medical expenses from New York health care providers and lost wages from your absence at work. Workers' compensation does not cover you, but that does not mean you do not qualify for financial assistance. Depending on your duties, you may be eligible for damages under the Jones Act or the Longshore and Harbor Workers' Compensation Act.

Jury awards shipmate $4.4 million in Jones Act negligence claim

Like many New Yorkers, you may be employed by a shipowner, working toward career advancements that will ensure you a good income and a job you love at sea. According to the New York Law Journal, Meagan Golden was one such crew member, employed on a vessel owned by OSG Ship Management. Her goals were destroyed when she suffered a career-ending injury while handling cargo on the ship.

Tabak, Mellusi & Shisha client receives $4.4 million jury verdict

In 2011, Meagan Golden was an aspiring sea captain working as a third mate on a tanker, the M/V Overseas Cascade. The 25-year-old's career was cut short, however, by a serious shoulder injury that led to several surgeries.

Investigation continues in case of stuck ferry

For many people in New York, a ride on a ferry to get from point A to point B is a regular part of life. Some people may live on Staten Island and work in Manhattan or even vice versa making such a trip a daily routine multiple times a week. Add to that the countless tourists who hop on and off a New York ferry and the number of people transported by these vessels begins to climb rapidly. Everyone who boards a ferry deserves to trust that they will arrive at their destination safely.

Does the captain really have to go down with the ship?

You have likely heard stories romanticizing the exploits of sea captains who heroically chose to down with their sinking ships. This age-old maxim has become so engrained in popular culture that many view it as an actual maritime law. While there is no actual law stating that the captain must go down with the ship, both U.S. and international laws do set the expectation that captains have a duty to consider the safety of their passengers above all else. The question is does such an expectation extend to you when you are navigating New York's waterways in your own personal boat? 

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