Employers’ Liability and Jones Act

For more than 30 years, McAlpine & Cozad has represented the interests of maritime employers and their underwriters. Frequently our clients’ employees are seaman, and we have litigated the many permutations of the test for seaman status and the changing criteria for what constitutes bad faith with respect to the denial of maintenance & cure. On other occasions our clients’ employees are covered by the Longshore and Harbor Workers Compensation Act. McAlpine & Cozad has represented insurers paying Longshore benefits and/or petitioning for an 8(i) settlement, and have addressed the question of when a Medicare Set Aside is required. Our attorneys have litigated claims involving the liability provisions of § 905(b) and the indemnity language of § 905(c). Finally, we have a great deal of experience determining the rights of the insured, and the obligations of insurers, under a Marine Employers Liability (MEL) policy and standard Protection & Indemnity (P&I) coverage.