Death on the High Seas Act

Working offshore can be lucrative. Maritime workers are often the sole or primary wage-earners in their families. However, the financial benefits come at a steep cost.

The maritime industry is innately dangerous, frequently topping lists of riskiest occupations. When a family loses a loved one at sea, they may be entitled to compensation under the Death on the High Seas Act (DOHSA).

What is the Death on the High Seas Act?

The Death on the High Seas Act was passed to help surviving family members of deceased maritime workers. Under the law, should an offshore employee die during the course of their work in international waters, the Death on the High Seas Act allows their surviving loved ones to recover financial compensation.

DOHSA was established in 1920; however, over the decades, legislators have amended and expanded the law to reflect changes in technology and worker rights. For example, the Act now covers commercial aircraft accidents over international waters and that occur at least 12 nautical miles from shore.

The Death on the High Seas Act differs significantly from regular wrongful death claims under personal injury law. DOHSA claims have very limited recoverable damages and qualifying circumstances. Despite its limitations, the primary goal of the Death on the High Seas Act is to compensate the surviving family members of fallen maritime workers.

What Are Your Rights Under DOHSA?

Maritime injury law is highly complex. When an offshore worker is killed, the Death on the High Seas Act is in place to protect the rights of surviving family members. The Act assumes the deceased maritime employee was the primary wage earner in the family. As such, only close and immediate family members are able to file a DOHSA claim.

Surviving family members must meet the following requirements to qualify for compensation under a DOHSA claim:

• Eligible surviving family members: Under the law, children, spouses, parents, and dependent family members are eligible to file a DOHSA claim after the death of an offshore worker. Despite changes to the family structure, including a rise in blended families, stepchildren and siblings do not qualify to file a claim or receive benefits under the Death on the High Seas Act.
• Coverage qualifications: Location is paramount in a DOHSA claim. A fallen maritime worker must have been killed or fatally injured in an accident that occurred at least three nautical miles or more from America’s shoreline. Conversely, commercial aircraft employees must have been fatally wounded in an accident that occurred at least 12 nautical miles or more from shore.
• Presence of negligence: One of the main considerations for filing a DOHSA claim is the presence of negligence. The owner and/or operator of the vessel, those in charge, and/or a third party must have acted negligently. In addition, it must be established that your loved one’s death directly resulted from this proven negligence.
• Statute of limitations: All injury and wrongful death claims are subject to a legal statute of limitations or time limit within which surviving family members can file a claim. The statute of limitations within which surviving loved ones must bring a DOHSA claim is three years from the date of death. It is important to note that getting a maritime lawyer involved in your case as soon as possible will bring the best outcome; waiting until you are close to the time limit is dangerous for many reasons.

Statutes of limitations are strictly enforced. If you have lost a loved one at sea, it is in your best interest to consult with an experienced trial attorney who can file a claim on your behalf as soon as possible.

What is the Difference Between the Death on the High Seas Act and the Jones Act?

The Death on the High Seas Act and the Jones Act are very similar, save for a few striking differences. The Jones Act only covers maritime employees. However, DOHSA can also cover passengers and other non-employees.

Both laws were passed in 1920, creating a strong foundation for the future of maritime injury law. In addition, both support the compensation of surviving families of fallen offshore workers. Still, the Jones Act was created to protect the rights of injured offshore employees only. When maritime workers are injured and file a claim, the Jones Act protects them from employer retaliation.

The Death on the High Seas Act covers maritime deaths instead of injuries. In addition, surviving family members of offshore workers or passengers may recover compensation. Proximity to the U.S. coastline is crucial. DOHSA only covers maritime workers and passengers killed three miles or more off the coast.

For example, if a passenger on a cruise ship is fatally wounded in a negligent accident while out at sea, surviving family members can seek compensation under the Death on the High Seas Act. However, if a crewmember is injured and subsequently dies as the result of a negligent accident aboard a cruise ship, they may be covered by both the DOHSA and the Jones Act.

How Comparative Negligence Can Affect a Death on the High Seas Act Claim

Under DOHSA, families can recover damages even if it is shown that the decedent’s negligence contributed to their death. However, the amount of compensation may be reduced in proportion to the negligent actions (or inactions) of the victim. 

The reduction in compensation is directly related to the level of responsibility on the victim’s part. For example, suppose a maritime worker is killed after mishandling dangerous chemicals that were stored in defective containers. While the worker is partially negligent, the cause of their death is predominately defective storage. For example, if a maritime worker is found 10 percent responsible for their injuries, the family’s compensation in a DOHSA claim will be reduced by 10 percent.

When Can You File a Death on the High Seas Act Claim?

Filing a Death on the High Seas Act Claim depends on the particular circumstances of your loved one’s accident. A maritime death attorney will need to establish negligence. Some examples of qualifying negligent acts include the following:

• An employer fails to maintain and repair safety equipment and gear
• The offshore vessel proves to be unseaworthy
• Coworkers improperly load or unload cargo
• An employer fails to warn or protect their workers from unhealthy and hazardous conditions
• An employer fails to give job-specific training for their work
• Coworkers fail to use heavy machinery and equipment safely

Negligent acts can significantly impact an already dangerous occupation and often cause or contribute to catastrophic maritime injuries and wrongful deaths.

How Common Are Maritime Injuries and Deaths?

Maritime occupational injuries and fatalities are grossly misreported. The Bureau of Safety and Environment Enforcement (BSEE) is a government agency specifically created to ensure the safety of offshore oil and gas facilities; however, the BSEE does not have an accurate system for reporting injuries and losses.

In addition, the Centers for Disease Control and Prevention (CDC) only examines the maritime industry every few years. The most current data from the CDC examines marine transportation worker deaths over seven years ago.

Why Are Maritime Fatalities Underreported?

The true number of maritime occupational deaths at sea is unknown for several reasons, including:

• The lack of reliable tracking and reporting systems for offshore occupational injuries and fatalities
• Offshore accidents in state waters not being tracked by BSEE or OSHA
• Maritime fatalities unrelated to the job not being reported or tracked
• Unregistered vessels and undocumented workers
• Deaths during travel from platform to offshore platforms not being counted by OSHA, BSEE, or the CDC
• Incidents that occur in questionable jurisdictions rarely make it into existing reporting databases
• Seafarer deaths from illness or health conditions are not counted
• Vessels traveling under foreign flags or in foreign waters are not tracked or counted by BSEE or OSHA

Nearly 40 percent of maritime fatalities occurred on ships in foreign waters or under foreign flags. In addition, some workers report being pressured into signing unscrupulous statements. For example, the tragedy of the Deepwater Horizon made international headlines. Rig survivors confessed that they felt coerced into signing statements that waived their legal rights to compensation.

Until in-depth statistics of offshore occupational injuries and fatalities can be accurately reported, the maritime industry will not have the information needed to improve worker safety.

How Inaccurate Fatality Reporting Can Affect Your DOHSA Claim

Detailed data and statistics are needed to support wrongful death claims. Victims are unable to tell their side of the story or report acts of negligence. Instead, the burden of proving negligence falls on surviving family members.

In many industries, wrongful death claims are compared to other claims of similar circumstances. Parallels can be drawn, including what constitutes negligence or an unforeseeable accident. Without comprehensive data on maritime fatalities, the role of negligence in offshore incidents cannot be accurately assessed.

What Damages Can Be Recovered Under the Death on the High Seas Act?

Damages are severely limited under the Death on the High Seas Act. Eligible family members are only allowed to recover pecuniary losses. Pecuniary losses are economic damages, meaning they can be calculated.

In contrast to other wrongful death claims, non-economic damages are not permitted. Non-economic damages are intangible. They consist of concepts like pain, suffering, and emotional distress. The amount of physical or mental pain a person experiences cannot be calculated with any precision and is dependent on the interpretation of a judge or jury.

Pecuniary losses, on the other hand, are tangible. Still, under the Death on the High Seas Act, pecuniary damages are limited to losses suffered by the surviving family members. Medical expenses and other financial losses suffered by the deceased maritime worker are not recoverable. Funeral and burial expenses often find themselves in a grey area.

For example, if the deceased’s estate handles all burial and funeral costs, it is likely these costs will not qualify as recoverable pecuniary losses. However, if the funeral and burial expenses were paid by eligible surviving family members, a skilled DOHSA claims attorney may have a strong argument that they are compensable.

Recoverable damages in a Death on the High Seas Act case can be complex. If you suffered the devastating loss of a loved one in a fatal offshore accident, it is in your best interest to seek experienced representation and legal advice in a free consultation with a maritime lawyer.

How Can a Maritime Attorney Help?

Most maritime workers are the sole providers for their families. In the event of their death, surviving relatives can be left overwhelmed and in need of recovering enough compensation to move forward with their lives.

At The Krist Law Firm, our maritime lawyers understand the need to accurately value a DOHSA claim. We have the depth of experience and resources needed to successfully recover the compensation you deserve for your loss. Our maritime attorneys will calculate the complete losses to your family, including but not limited to:

• The estimated loss of income using past and future wages
• The true value of benefits lost, including healthcare coverage
• Potential bonuses and savings lost
• Lost retirement income and benefits

In addition, our maritime lawyers will conduct a full investigation of the offshore incident. We will collect all documentation including critical evidence to support negligence as the primary cause of your loved one’s death.

Liability can be challenging to establish in maritime accidents. Your loved one is unable to speak for themselves about the cause of their death. Liable parties may seek to minimize a payout by claiming the deceased was at fault or shared responsibility for their injuries, which can significantly reduce your potential recovery. The success of your DOHSA claim rests heavily on the skills of your maritime attorney.

Schedule A Free Consultation with A Death on the High Seas Act Lawyer Today

The Death on the High Seas Act has helped numerous surviving families recover the compensation they need. While filing a DOHSA claim is not about monetary gain, it can help ease the financial burden of a loved one’s loss and hold those responsible accountable for the death of your loved one.

At The Krist Law Firm, our compassionate maritime lawyers have years of experience working with survivors in death cases of all types, so we are sensitive to your loss. We understand the emotional turmoil in a wrongful death case and will treat your claim and you with dignity and respect. Schedule a free consultation today to discuss your family’s wishes. Holding the responsible parties accountable may help you find the closure you need and prevent future families from suffering the same loss.