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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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Longshore Act Archives

Defining vocational rehab

After having been injured in a boating or maritime accident on Manhattan's docks or out the on the open water, your ultimate goal will likely be to return to work. Sadly, several of the clients that we here at Tabak, Mellusi & Shisha LLP have worked with in the past have found that to be impossible. After all of the time you have dedicated to your career up to this point (coupled with the new physical limitations that now prevent you from returning to it), you may believe a career change to be impossible. However, there are resources available to help make that happen. 

OSHA risk prevention regulations for longshoremen

Longshoring in New York involves its own specific set of hazards. The U.S. Occupational Safety and Health Administration has noted many of these through a collection of fatal material handling incident reports that may serve as risk assessment and prevention tools

APM Terminals is bringing megaships to New York

Longshoremen who work for the Port of New York and New Jersey may be used to the rushed pace and heavy workload involved in loading and unloading container ships. After all, it is the largest port complex on the East Coast. To continue to hold its own in global shipping markets, the Port Authority must now be able to accommodate the megaships that are taking their place in the industry.

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.

Vessel owners’ duties to longshoremen

Any employee in New York has a right to expect a company to ensure safe working conditions. Likewise, you should be able to trust that the owners of the vessels you load and unload will do what they can to maintain your safety. We at the law firm of Tabak, Mellusi & Shisha understand all the nuances of the Longshore and Harbor Workers’ Compensation Act, and how those may apply to situations where you work.

Human error may have caused fatal crane accident

Shipbuilders in New York may be all too familiar with the many things that can go wrong in a shipyard. While a misstep can cause a shipyard employee’s own injury or fatality, mistakes due to negligence, noncompliance or carelessness can just as easily affect those in the surrounding area. When it comes to heavy equipment, the responsibility is high for those who operate it, and also those who perform maintenance and ensure that safety standards are met.

Common marine terminal fatality causes

One of the purposes of the Longshore and Harbor Workers’ Compensation Act is to ensure that employers carry insurance that provides benefits to those in New York who load and unload ships and are injured on the job. The U.S. Department of Labor notes that not only does the Act require coverage for medical expenses and compensation for those who are injured while performing these duties, it also includes provisions for a longshoreman’s family after a fatal injury.

Seeking medical attention after an injury covered by the LHWCA

If you have been injured on the job and meet the qualifications of a worker covered by the Longshore and Harbor Workers’ Compensation Act, you may need treatment in order to recover. We at Tabak, Mellusi & Shisha often answer questions about the steps to choosing a health care provider to address your injury.

The Longshore Act and vessels: important distinctions

A person who sustains an injury in the maritime industry in New York may not be eligible for traditional workers’ compensation benefits. However, the U.S. Department of Labor explains that the Longshore and Harbor Workers’ Compensation Act was designed to ensure that these employees who work on boats and other vessels still receive compensation to help cover the costs associated with an injury on the job. This legislation’s language has led to some confusion over the years, though, particularly in regards to the word “vessel.”

What is the Longshore and Harbor Workers' Compensation Act?

Maritime, offshore and longshore workers fall into a separate category than land workers. These groups of workers are entitled to different workers' compensation benefits than your typical worker. In order to ensure safe and fair working conditions at sea, on marinas or docks, certain acts have been put into place.

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