Death on the High Seas Act (DOHSA)
Offshore Injury Lawyer
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 or as the result of any offshore injury, 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 can help you seek the complete compensation to which you may be entitled.
To speak with an experienced offshore injury attorney, please call our office at (888) 346-5024. Your consultation is free and completely confidential.
The Dangers of Maritime Work
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 Office of Maritime specifically to address the unique hazards of the maritime industry.
A Death on the High Seas Act 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 occurs 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 of 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.
Recovering Benefits under the Death on the High Seas Act
Wrongful death claims related to maritime accidents and offshore injuries are complex and should be handled by an experienced offshore injury lawyer. Our firm 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.
Learn more about the Death on the High Seas Act and your legal rights – contact an offshore injury lawyer today.
