The Jones Act entitles maritime workers to compensation for injuries or illnesses they get on the job. But what happens if a maritime worker dies while at sea?
The Death on the High Seas Act guarantees that the family of deceased maritime workers has legal grounds to sue for compensation. With the help of an experienced maritime lawyer, such as George Vourvoulias, you can hold any negligent parties, like your loved one’s employer, accountable for their tragic death.
Although no lawsuit can bring back the person you’ve lost, our Louisiana-based team at The Maritime Injury Law Firm will work hard to see that you receive financial assistance to help you and your family move forward.
What is The Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) is a federal law passed in 1920 to allow the families and loved ones of deceased maritime workers to sue for compensation.
Wrongful death lawsuits are common in the United States, but the law varies from state to state. Before 1920, bereaved families of maritime workers had no legal grounds to sue for wrongful death compensation. DOHSA changed that. Here are some examples of maritime deaths that could fall under DOHSA:
- Vessel collisions
- Slip and falls
- Falling objects
- Fishing accidents
- Diving accidents
- Falling overboard
- Occupational diseases
In order to receive compensation, you will need to prove negligence. This means that your deceased loved one’s employer, the boat owner or operator, or some other party acted negligently and that that negligence contributed to or caused your loved one’s death.
Why DOHSA Claims Are Different from Other Wrongful Death Cases
One of the most important things to understand about DOHSA claims is that they are governed by federal maritime law—not state law. This can make your case more complex, especially when it comes to determining jurisdiction, what damages are available, and how to pursue a claim.
For example, DOHSA claims typically apply only if the death occurred more than three nautical miles from the shore. That means if your loved one died while working in open waters, the legal process and the remedies available to you are different from a typical personal injury or wrongful death case. Working with an experienced maritime attorney who understands these distinctions is crucial to getting the compensation your family deserves.
Who Can Sue Under DOHSA?
DOHSA specifies that only financially dependent relatives can receive compensation in the aftermath of a maritime worker’s death. You may qualify for DOHSA compensation if you are one of the following:
- Their spouse
- Their child
- Their parent, if you were financially dependent on the deceased
- Their sibling, if you were financially dependent on the deceased
Dependent children can include biological children, step-children, or adopted children. Common law spouses may qualify for DOHSA benefits, but only if they qualify as common law spouses under the state in which the claim is filed.
What Compensation Can I Receive Under DOHSA?
If you can prove that your deceased loved one’s employer or some other negligent party was responsible for their death, then you may be entitled to the following compensation:
- Loss of service
- Financial support
- Loss of inheritance
- Nurture to dependent children
- Funeral costs
Unlike with land-based wrongful death cases, you cannot be awarded compensation under DOHSA for pain and suffering, loss of companionship, or other non-economic damages.
Contact a Louisiana maritime lawyer today
At The Maritime Injury Law Firm, our experienced legal team understands just how precarious the life of a seaman is. That’s why we make it our priority to see that employers are held to the highest standard of workplace safety. If you have lost a loved one to unsafe maritime working conditions, don’t hesitate to contact us and schedule a free and confidential consultation.
FAQs About Wrongful Death at Sea in Louisiana
When does the Death on the High Seas Act apply?
DOHSA generally applies when a maritime worker’s death occurs more than three nautical miles from the U.S. shoreline. If the death happened closer to shore, other maritime or state wrongful death laws may apply instead.
Who is allowed to file a wrongful death claim under DOHSA?
Only certain surviving family members may recover compensation. This usually includes a spouse, children, or parents and siblings who were financially dependent on the deceased at the time of death.
What types of compensation are available under DOHSA?
DOHSA allows recovery for financial losses such as lost support, loss of services, loss of inheritance, and, in some cases, funeral expenses. It does not allow compensation for pain and suffering or loss of companionship.
Do I have to prove negligence to bring a DOHSA claim?
Yes. To recover compensation under DOHSA, you must show that negligence or a wrongful act by an employer, vessel owner, or another party contributed to your loved one’s death.
How long do I have to file a wrongful death claim under DOHSA?
In most cases, DOHSA claims must be filed within three years of the date of death. Missing this deadline can prevent your family from recovering any compensation.
Why should I work with a maritime attorney on a wrongful death case?
Wrongful death claims at sea are governed by federal maritime law, not state law. An experienced maritime attorney can determine which laws apply, identify all responsible parties, and help your family pursue the full compensation allowed under the law.
