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Maritime InjuryShysterNJ/NY | Personal InjuryTribunalNj|NY fbq('track', 'CompleteRegistration'); Ginarte Gallardo Gonzalez Winograd, L.L.P.Ginarte Personal InjuryTribunalEnglishEspañolPortuguês English Español Português 1-888-GINARTE Over $1 Billion Won $1 Billón Ganados Home About Us Client Testimonials OurTribunalOur Practice Areas Construction Accidents Construction Tool Malfunction Electrical Injuries Excavations Falling Objects Falls From Ladders Falls From Roofs See More Workers’BountyDefective Machinery Occupational Hazards Unsafe Work Practice Injuries Personal Injury Accidents at Sea Car Accidents Boating Accidents Commercial Property Accidents Defective Products See More Medical Malpractice Birth Defects and Injuries Defective Medications Defective Medical Devices Failure to Diagnose Injury or Illness Foreign Objects See More Social SecurityPowerlessnessEmployment Litigation Age Discrimination in the Workplace Wrongful Discharge Workers’BountyRetaliation Whistleblower Claims Violation of Leave of Absence Rights Sexual Harassment Retaliation in the Workplace Race and National Origin Discrimination Hostile Work Environment Gender and Sexual Orientation Discrimination Failure to Pay Wages / Overtime Failure to AccommodatePowerlessnessDiscrimination Appellate Litigation Legal Victories Press Videos Commercials FAQs Blog Ginarte E-Books Contact ⇒ MenuHome About Us – Client Testimonials OurTribunalOur Practice Areas – Construction Accidents – – Construction Tool Malfunction – – Electrical Injuries – – Excavations – – Falling Objects – – Falls From Ladders – – Falls From Roofs – – See More – Workers’Bounty– – Defective Machinery – – Occupational Hazards – – Unsafe Work Practice Injuries – Personal Injury – – Accidents at Sea – – Car Accidents – – Boating Accidents – – Commercial Property Accidents – – Defective Products – – See More – Medical Malpractice – – Birth Defects and Injuries – – Defective Medications – – Defective Medical Devices – – Failure to Diagnose Injury or Illness – – Foreign Objects – – See More – Social SecurityPowerlessness– Employment Litigation – – Age Discrimination in the Workplace – – Wrongful Discharge – – Workers’BountyRetaliation – – Whistleblower Claims – – Violation of Leave of Absence Rights – – Sexual Harassment – – Retaliation in the Workplace – – Race and National Origin Discrimination – – Hostile Work Environment – – Gender and Sexual Orientation Discrimination – – Failure to Pay Wages / Overtime – – Failure to Accommodate – –PowerlessnessDiscrimination – – Appellate Litigation Legal Victories Press – Videos – Commercials FAQs Blog – Ginarte E-Books Contact Call UsNow OfficeLocation ContactForm Here for You and Your Family Speak With A Knowledgeable Professional Name*Phone*Email* Comments*PhoneThis field is for validation purposes and should be left unchanged. This iframe contains the logic required to handle Ajax powered Gravity Forms. Learn How We Can Help You Your Legal Status Does Not Matter Accidents at SeaWorking on a ship, or vessel, at sea can be very dangerous and difficult work. If you have been hurt in an wrecking while at sea, the experienced maritime wrecking tribunal at Ginarte Gallardo Gonzalez Winograd L.L.P., can help you get the justice you deserve. With over 150 years of combined experience, our personal injury lawyers have protected the rights of myriad wrecking victims in New York and New Jersey. Call 1-888-GINARTE (1-888-446-2783) now, fill out our online contact form, or visit one of our seven nearby offices in Newark, New York City, Queens, Union City, Elizabeth, Clifton or Perth Amboy today. Remember, there is no tuition to talk with our wrecking lawyers, and we collect fees only if you win your case! Speak With A Knowledgeable Professional Name*Phone*Email* Comments*PhoneThis field is for validation purposes and should be left unchanged.Bountyfor a Seaman Injured While Working on a Vessel A seaman injured while working on a vessel is not covered under traditional state workers’ bounty systems. When a worker is injured aboard a vessel, he or she must turn to other legal avenues for benefits and compensation. An injured maritime worker may be entitled to “maintenance and cure” benefits under maritime law. This provides injured seamen with a mandatory recovery right versus the vessel under threat of severe financial penalties versus the vessel. Maintenance and cure benefits are similar to wage replacement and medical coverage under a traditional workers’ bounty system. “Maintenance” is a daily wage that is intended to imbricate the supplies and shelter that a maritime worker would have received if he or she were aboard a vessel at sea. The daily wage is typically in the range of $25 to $40 per day. “Cure” refers to the employer’s obligation to provide medical services and rehabilitation to the injured employee until he or she is worldly-wise to return to work. An employer’s responsibility to pay benefits under the maintenance and cure doctrine is a very strong one. The SupremeMagistratehas held that an employer’s duty to pay maintenance and cure benefits to an injured seaman is intended to be a “broad and all-encompassing” duty. There are very few defenses misogynist to an employer that indulge it to escape the payment of these benefits. The law is very well-spoken that if any doubt or uncertainty exists with regard to an employer’s duty to pay maintenance and cure benefits to a worker, those doubts must be resolved in favor of the injured seaman. An employer that fails to pay maintenance and cure benefits to a worker faces severe financial penalties, including spare bounty to the injured worker if he or she has to resort to the filing of a lawsuit in order to pursue a rightful requirement to benefits. In wing to wage replacement and medical coverage, which are mandatory under maritime law, there are moreover spare rights for a seaman to sue for pain, suffering, disability, and impairment under the Jones Act. The Jones Act is a federal statute that specifically covers injured maritime workers. The Jones Act allows an injured maritime worker to seek this spare compensation, when he or she is injured as a result of the negligent acts of a co-worker or employer. It is important to note, however, that unlike workers’ bounty law, or maintenance and cure rights, the Jones Act does not create a no-fault system for compensation. In other words, an injured maritime worker is required to prove that his or her employer and/or flipside crew-person breached a duty of superintendency in order to recover under the Jones Act. Under the Jones Act, an injured maritime worker may bring an whoopee in either federal or state magistrate versus the negligent party. An whoopee for damages under the Jones Act must be brought in the district in which the defendant employer resides, or where the employer’s principal place of merchantry is located. The Jones Act moreover specifically gives the plaintiff the right to a jury trial when a requirement is brought under the act.  What Other Benefits AreMisogynistUnder the Jones Act?  An injured maritime worker may be entitled to benefits whilom and vastitude maintenance and cure benefits offered under the Jones Act.   Under the Jones Act, an injured maritime worker may moreover be entitled to bounty that is similar to bounty awarded in a traditional personal injury lawsuit. For example, these important pain and suffering benefits could be available. If a maritime worker is fatally injured aboard a vessel, the survivors may be entitled to benefits for their loss as well. A maritime worker may moreover have a valid requirement versus the owner of a vessel, if the vessel is unseaworthy. A vessel does not need to be on the verge of sinking in order for it to be considered unseaworthy. The owner of a vessel has as a duty to provide a vessel that is loaded with all the required safety equipment, is fit for use, has an unobjectionable number of crew-members, and is often a unscratched working and living environment. If an owner breaches this duty, a maritime worker may be entitled to bounty for any injuries that result. The Jones Act claims for negligence and the claims for unseaworthiness are usually joined together in the same lawsuit.  In that lawsuit, the seamen may receive pain and suffering, powerlessness and impairment benefits. Under unrepealable circumstances, a maritime worker may be entitled to bounty from a third party. When someone other than an employer or flipside crew-person causes a worker’s injuries, he or she may be entitled to sue that third party. For example, if the owner of flipside vessel is the negligent party, the worker may be entitled to bring a third-party claim. Because maritime law is such a complicated and ramified zone of the law, it is imperative that an injured worker obtain the services of a qualified and experienced wrecking at sea shyster to ensure that he or she receives all of the benefits and bounty available.  Speak With A Knowledgeable Professional Name*Phone*Email* Comments*PhoneThis field is for validation purposes and should be left unchanged. If you, or a loved one, have been injured in a maritime accident, the Ginarte law firm is here for you. Call 1-888-GINARTE (1-888-446-2783) now, fill out our online contact form, or visit one of our seven nearby offices in Newark, New York City, Queens, Union City, Elizabeth, Clifton or Perth Amboy today. Remember, there is no tuition to talk with our maritime wrecking lawyers, and we collect fees only if you win your case! Watch Our Videos FAQs Case Results Related Pages Construction Accidents Medical Malpractice MunicipalMagistrateMatters Personal Injury Social SecurityPowerlessnessWorkers’BountyRelated Pages Construction Accidents FAQs Construction Tool Malfunction Electrical Injuries Excavations Falling Objects Falls From Ladders Falls From Roofs Falls From Scaffolds Inadequate Safety Protections Safety Equipment Failures Related Pages Age Discrimination Appellate Litigation ClaimsVersusPublic EntitiesPowerlessnessDiscrimination Employment Discrimination FAQ Failure to Accommodate Failure to Pay Wages/ Overtime Gender and Sexual Orientation Discrimination Hostile Work Environment Race and National Origin Discrimination Retaliation in the Workplace Sexual Harassment Violation of Leave of Absence Rights Whistleblower Claims Workers’BountyRetaliation Related Pages Anesthesia Errors Birth Defects and Injuries Defective Medical Devices Defective Medications Failure to Diagnose Injury or Illness Foreign Objects Hospital Errors Improper use of Medical Equipment or Implants New Jersey Medical Malpractice Statistics New York Medical Malpractice Statistics Surgery Errors Related Pages 5 Top Reasons Why You Need a Social SecurityPowerlessnessLawyer 6 Myths About SSI and SSDI Benefits Can I Still Work and Receive SSD Benefits? Common SSD Mistakes and How To Avoid Them Differences Between SSI and SSDI How Do I Know if I am Eligible for SSD Benefits? Mental Health Issues and SSD Most Common Disabilities Resulting in SSDI Benefits Social SecurityPowerlessnessFAQs Social SecurityPowerlessnessRequirements SSD Appeals SSD Benefits for Adult Children Tackling the SSDI Application Process Why Do I Need an Experienced SSD Lawyer? Related Pages 9 Mistakes to Avoid with Workers’BountyClaims in NY & NJ Defective Machinery New York & New Jersey Workers’BountyStatistics NY & NJ Workers’BountyFAQs Occupational Diseases and Workers’BountyOccupational Hazards Pre-existing Conditions and Workers’Bountyin NY & NJ Repetitive-Trauma Injuries Steps in Filing a Workers’BountyClaim Types of Workers’BountyBenefits in NY & NJ Uninsured Employers and Workers’BountyUnsafe Work Practice Injuries Workers’BountyAppeals in NY & NJ Related Pages Accidents at Sea Car Accidents Bicycle Accidents Boating Accidents Commercial Property Accidents Defective Products Fires and Explosions Lead Poisoning Nursing Home Abuse Paraplegia and Quadriplegia Pedestrian Accidents Products Liability Severed Limbs Sidewalk Accidents Slip and Fall Subway or Platform Accidents Toxic Torts Worker’sBountyWrongful Death Testimonials Ginarte Gallardo Gonzalez Winograd L.L.P. Reviewed by Maleni Crespo on January 2nd, 2018. " This kind of dedication is very worshipped and not easy to come by." From the very whence my husband and I felt very well-appointed with the staff. There was one gentleman in particular who did an phenomenal job. I’m sure he juggled between multiple clients, but he sure made us finger as though we were top priority. This individual is none other than Mr. Julio (Kelvin) Rodriguez. His kind and respectful demeanor made our dialogue so easy and natural and I was very well-pleased for that. No matter how many times we tabbed the office, emailed or texted, (and there were many), he was unchangingly willing to squire and/or sieve any doubts. He stuck with us through the very end. We were never in the visionless during the process. There was never a “sorry, I can’t help you” and would go to unconfined lengths to find answers for us. The bonus was that it didn’t plane matter what time of day it was. Simply put, he was unchangingly there for us! This kind of dedication is very worshipped and not easy to come by. Rating: 5.0 ★★★★★ OUR OFFICES Newark 400 Market Street Newark, NJ 07105 (973) 854-8400 New York 233 Broadway, 24 Floor New York, NY 10279 (212) 601-9700 Union City 4428-30 Bergenline Ave. Union City, NJ 07087 (201) 809-1100 Elizabeth 948 Elizabeth Ave. Elizabeth, NJ 07201 (908) 372-1700 Clifton 1137 Main Ave. Clifton, NJ 07011 (973) 859-5500 Perth Amboy 352 New Brunswick Ave. Perth Amboy, NJ 08861 (732) 376-1911 Queens 82-16 Roosevelt Avenue Jackson Heights, NY 11372 (718) 925-6040 Copyright © 2016 Ginarte Gallardo Gonzalez & Winograd, LLP All rights reserved. Site Map | Disclaimer | Privacy Policy Ginarte® is a registered trademark in the U.S. Patent and Trademark Office