Tabak Mellusi & Shisha LLP
Call Today For A Free Consultation 800-781-8419 212-962-1590

Experience You Can
Depend On

Posts tagged "Maintenance & Cure"

Illnesses such as cancer may be covered by maintenance and cure

Health conditions that occur while a New Yorker is working on a vessel at sea may lead to hefty medical bills and the inability to return to work for some time. These financial challenges may not be so devastating, though, because of maintenance and cure. According to KDLG.org, this financial benefit covers almost any injury or illness if it happened while the seaman is in service on a boat.

PTSD and maintenance and cure

If you have experience a traumatic event that left you injured during the course of your employment as a seaman, you may seek maintenance and cure in New York under the Jones Act so that your employer will cover the costs of your medical care and certain expenses while you are undergoing treatment. However, even though you may make a complete physical recovery, if the incident left you with post-traumatic stress disorder, it may be difficult or impossible for you to function normally. We at Tabak, Mellusi & Shisha understand the importance of ensuring that maintenance and cure benefits cover all damages.

When does maintenance and cure include punitive damages?

When your employer refuses to pay for the medical costs associated with your accident on the job as a seaman, it may seem as if the company is adding insult to injury. However, you may find that during your recovery in New York, the delays and difficulty you experience as a result of the hardship from the injury add further harm, as well. If you are able to prove that you qualify for compensation based on maintenance and cure, you may also be able to hold your employer responsible for those secondary damages.

The basics: Maintenance and cure for maritime workers

If you work at sea then you might already know that your job is dangerous. Between slippery decks, long exhausting hours and tumultuous weather it is easy to get injured at sea. That is why seamen, deckhands, engineers and other maritime workers are covered under the Jones Act. Anyone working at sea is at a higher risk of injury than those working on land. The Jones Act gives extra protections to maritime workers because of the dangerous nature of the job.

The Jones Act and private insurance: What you should know

As a seaman or dock worker in New York, you probably already have some form of private insurance in place. If you are injured at work, you may be told by your employer to just use that insurance to receive medical treatment. At Tabak Mellusi & Shisha LLP, we see these types of situations all the time and often explain to our clients why this is not a good idea.

Underwater welders and the risks they face

Marine structures are highly susceptible to rust partly because of the higher concentration of salt in the environment. As such, underwater welders are in high demand and this profession can provide New Yorkers with a lucrative income. Along with the good pay however, also comes some risk.

Brain trauma can take many forms

One of the injuries that someone in New York can suffer while working on a dock or on a ship is a head injury. According to the Brain Injury Association of America, there are several types of brain injuries that people can suffer from. The most commonly known type is the concussion, but there are others and these include the following:

What is covered under maintenance for injured seamen?

If you are working on any type of private or commercial vessel, and you are injured, you have the right to file for maintenance and cure in New York. This type of compensation is different from the compensation from other injury accidents, and one of the questions our team at Tabak Mellusi & Shisha LLP is asked, is what falls under maintenance coverage.

How is a seaman protected if injured on the job?

Being injured on the job can be devastating physically and financially for anyone in New York. If you are a seaman who has been hurt in the line of duty, you are not covered under the workers’ compensation laws that protect most employees on land. However, in many circumstances, your employer may still be liable to pay the resulting medical costs, living expenses and lost wages.

Email Us For A Response

Let Us Help You

Schedule A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Contact Information

29 Broadway, Suite 2311
New York, NY 10006

Toll Free: 800-781-8419
Phone: 212-962-1590
Fax: 212-385-0920
New York Law Office Map