Death on the High Seas Act (DOHSA)
Death benefits are provided to the widow and surviving dependents
What you should know about Maritime Law...
Seamen and maritime workers undertake risks everyday as they perform their expected duties – maritime work is considered one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration (OSHA) shipyard work has traditionally been hazardous, with an injury and accident rate more than twice that of the construction industry. OSHA created the Department of Maritime specifically to address the unique hazards of the maritime industry.
Seamen and maritime workers undertake risks everyday as they perform their expected duties – maritime work is considered one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration (OSHA) shipyard work has traditionally been hazardous, with an injury and accident rate more than twice that of the construction industry. OSHA created the Department of Maritime specifically to address the unique hazards of the maritime industry.
Employers are required to provide seaworthy vessels and must follow safety requirements to ensure a safe working environment for seamen. When those responsibilities fail and the death of a worker occurs due to the negligence or carelessness of the employer the survivor's family can make a claim under the Death on the High Seas Act (DOHSA).
If you lost a loved one due to a maritime accident it is your right to seek compensation to protect your family and your livelihood. The attorneys at Arnold & Itkin LLP are experienced and have a successful track record with marine-related deaths. We understand the complexities of the Death on the High Seas Act and we work for families in Texas, Louisiana, Mississippi and Alabama, to get them the compensation they deserve.
To talk with an experienced maritime injury attorney, including a free initial consultation, call us toll free at 877-398-4972 or contact us using the form on this page.
A DOHSA claim can be brought by the personal representative of the deceased on behalf of the decedent's spouse, children, or other dependents. The Act makes it easier for the family members to recover damages for future earnings when the death of a seaman happens in international waters.
Compensation allowed under the DOHSA is limited to the monetary loss suffered by the family as a result of the death, and does not cover non-pecuniary damages. This means that family members are not compensated any amount for pain and suffering, loss of companionship, earning potential (future loss wages), or future medical expenses. Under the act, the court will apportion the recovery among the seaman’s beneficiaries in accordance with their proportionate loss. The death must have occurred beyond three nautical miles from the shore of any state. The Death on the High Seas Act also includes commercial aviation accidents beyond 12 nautical miles from the shores of the United States.
Contact Us Today
Wrongful death claims due to maritime accidents are complex and should be handled by an experienced maritime lawyer. Arnold & Itkin LLP serves maritime clients along the Gulf Coast, in Texas, Louisiana, Mississippi and Alabama, and throughout the nation. We are aggressive, skilled, and experienced, and we work hard to maximize our clients' recoveries.
For a free initial consultation with an experienced Death on the High Seas Act attorney, call us toll free at 877-398-4972 or contact us using the form on this page.
You can read the entire text of the Death on the High Seas Act in our DOHSA Reference pages.
Also see gulfcoastmaritime.com for the latest maritime news.
