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May 2018 Archives

Supplementing your daily stipend

Your frustration over not being able to work following a maritime accident is understandable. Yet that frustration may be secondary to the struggles you encounter trying to live off your daily stipend in Mahattan. The rights afforded to you under the Jones Act include maintenance and cure benefits. Per the Cornell Law School, maintenance is the daily stipend you receive to help cover your living expenses. Many in your same situation find that it is not enough to support themselves and their families, and thus come to us here at Tabak Mellusi & Shisha LLP wondering what other types of compensation they might be entitled to. 

Accident on Lake Erie kills Lancaster teacher

Recreational boaters in Manhattan likely view a day out on the water as a method to escape the cares and concerns of the mainland. What some may not realize is that even though they may be away from shore, their duty to act as responsibly as they would on solid ground remains. That includes the responsibility to protect passengers on their boats the same way they would as if those same people were traveling in their cars. The need to wear seat belts might be replaced with the need to wear life jackets, yet in both scenarios, drivers should still exercise the utmost care and caution while driving. 

What does 'unseaworthiness' mean?

It is a ship owner’s duty to provide a seaworthy vessel, one that is safe for New Yorkers to work on, according to Accessible Marine Insurance. If you are injured due to an unsafe condition, you may claim it is due to the unseaworthiness of the vessel. Offshore drilling rigs, barges, helicopters, floating casinos and more can be classified as a vessel in a broad legal sense.

Highlighting union restrictions on maintenance and cure

You understand that there are certain risks associated with your career in the maritime industry. You also take comfort in the knowledge that there are laws in place and organizations working to help protect you from those risks. One such law is the Jones Act, which entitles you to maintenance and cure to help deal with the expenses that accompany injuries you sustain at sea. You might also be afforded certain protections through your membership in a labor union. Yet several of the clients that we here at Tabak, Mellusi & Shisha LLP have worked with have been surprised to learn the sometimes those two support venues can be at odds with each other. 

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