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Posts tagged "Jones Act"

The benefits of the jones act

Regardless of the specific career path, a job in the maritime industry can become more demanding than work in other fields in many ways. Certain laws in the nation aim to protect workers from the dangers inherent in daily shifts, such as heavy machinery, safety risks of ships and unpredictable weather. Many New York maritime workers have a world of questions when it comes to those laws, however, as they have changed continuously over recent decades.

Does the Jones Act apply to heart disease?

Maritime work is a hazardous occupation, particularly if you are working at sea. Along with accidents and other safety concerns, seafarers are at risk of developing serious health problems due to the type of work they do, including carrying cargo and handling dangerous materials. Long working hours, stress, and endemic or epidemic diseases can also put them at risk, even if they pass a medical test with flying colors before getting underway.

Do not ignore repetitive stress injuries

You are not alone if the thought of repetitive stress injuries calls to mind a grocery-store clerk or an office worker who uses a computer for much of their New York job. But this type of injury can happen to any worker—anywhere—who does the same task over and over throughout the day, and that includes seamen, longshoremen and other maritime workers as well. At Tabak, Mellusi & Shisha, we know how important medical treatment can be to your future, financial and otherwise. We work with many people who have been injured on vessels, helping to ensure they get the care they deserve.

3 Reasons why you might want outside legal counsel beyond the union

Most unions representing seaman, longshoremen and civilian mariners take great care of their members. They work hard to ensure that fair wages are upheld, that working conditions meet state and federal safety standards, and most importantly, that legitimate grievances are properly and promptly addressed. 

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.

How does negligence affect a case under the Jones Act?

When you take your employer to court in New York for a Jones Act negligence claim, you must show that he or she did not act in the way a reasonable person would. The Manual of Model Civil Jury Instructions for the District Courts of the Ninth Circuit explains that the negligence could be a failure to make sure the vessel is seaworthy, or it could be failure to hire an adequate number of crew members who are trained for their duties, among other violations.

Determining a shipowner's negligence

Unsafe conditions at sea can put a New York seaman's life in danger where those same conditions on land may not be much of a safety issue. Because of provisions in the Jones Act, someone who is injured while working on a ship may be able to hold the shipowner liable for negligence. According to Cornell University Law School's Legal Information Institute, negligence is acting without a reasonable level of care for another's safety, or failing to act in a reasonable way to keep another safe. 

Defining "in the service of the vessel"

Those in Manhattan who work in the maritime industry are likely well-aware of the perils that they face from their profession. The heightened risk that they encounter while on the job has prompted policy makers to extend them added protections through the Jones Act. Section 30104 of this Act (as shared by the Cornell University Law School) clearly stipulates that injured seamen are allowed to bring action against their employers. It is also clear in detailing that one's injury must be sustained during the course of employment to qualify for this relief. 

Jones Act may cost U.S. up to $15B per year

New York residents who have ever found themselves in gridlock and looked around to see a host of semi trucks or other large commercial vehicles carrying goods may logically wonder why so much commercial transport still relies on ground transportation. Even though the New York City area has designed truck routes in an attempt to alleviate some of the problems and dangers, the number of trucks on the road does pose issues on a daily basis.

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