Every job comes with a degree of risk, but some careers are far deadlier than others. Many of the most dangerous professions require that workers go out on the open ocean. Professional fishermen, oil rig workers and others who do their jobs in a maritime environment are at high risk of injury and death.
Unfortunately, the location where they work limits options for compensation after a job incident. Traditional workers’ compensation benefits are usually not available to injured maritime professionals or their surviving family members. Instead, they often have to navigate a complex claims process made possible by federal statutes.
Lawmakers have enacted statutes intended to protect maritime workers and their families. The Death on the High Seas Act (DOHSA) is one of the most important federal regulations that apply to offshore workers, their families and their employers. What do grieving families need to know about DOHSA?
DOHSA applies to incidents on the open ocean
When something goes wrong in a maritime environment, small mistakes and oversights can result in tragic outcomes. Under DOHSA, surviving dependent family members can take legal action if negligence or wrongful acts cause a maritime professional’s death. DOHSA applies to incidents caused by co-workers, vessel operators or employers.
Typically, DOHSA applies to incidents that occur at least three nautical miles from the shore in international waters. DOHSA may also apply in aviation incidents that occur over international waters, but such incidents must occur at least 12 nautical miles from shore.
DOHSA claims can help cover specific losses
Surviving family members seeking justice after a maritime incident can request compensation for the funeral or burial expenses they incur. They can also request compensation for the lost wages and support provided by the decedent.
DOHSA generally does not allow for punitive damages, which can be an option in traditional wrongful death lawsuits. The plaintiffs also typically cannot seek compensation for the pain and suffering of the decedent. However, they may be eligible to request compensation for the loss of companionship and care that the decedent could have provided the family.
Families hoping to seek justice through a DOHSA lawsuit need evidence of misconduct or negligent behavior contributing to their loved one’s passing. They also need proof of the economic impact of their loss. They need to act promptly, as DOHSA lawsuits are subject to a three-year statute of limitations based on the date of the deceased worker’s passing. They may need help navigating the legal process required to seek compensation under DOHSA.
Learning more about the Death on the High Seas Act can help families pursue closure and economic justice after a job-related tragedy. With the right support, they may be able to recoup medical expenses, lost wages and other economic losses associated with their loss.