Working on the California high seas exposes you to various risks, including the perils of nature. But what if the worst happens and a calamity strikes, leading to a death that affects the vessel and the entire crew? In such tragic circumstances, understanding your rights as the bereaved and seeking the appropriate compensation is crucial.
A law that protects the family left behind: The Jones Act
The Jones Act is a federal law that protects maritime workers and their families significantly allowing the recovery of damages for injuries or death caused by the negligence of the vessel owner or its employees. By understanding the Jones Act and seeking legal representation, the families of deceased maritime workers can take on the legal process and receive the compensation they deserve.
Compensation due to an accident during a natural calamity
Maritime workers have unique rights because of their access to the Jones Act and the LHWCA, unlike land employees, who only have workers’ compensation. If an accident occurs during a hurricane while the mariner is on the vessel, they can claim total damages if there is proof of negligence. The family of a deceased maritime worker may be eligible for substantial compensation given that there is proof.
The process of proving liability
When a maritime worker loses their life during a natural calamity due to negligence, their family can take several steps to build up their case.
- They should gather and preserve relevant evidence like the vessel’s maintenance records, including the crew’s training logs and any communications about the weather conditions at the time of the incident
- They should consult with a maritime attorney to help them understand their rights and the legal process
By gathering information and seeking legal support, the family can strengthen their case, seek justice and ensure accountability for any negligence involved.
Pursuing compensation: Is it possible?
It is possible to pursue compensation in the event of a loved one dying while onboard during a natural calamity. However, it may depend on the specific circumstances. In any case, the family should seek compensation if there is evidence of negligence by the vessel owner or captain or if the vessel is proven unseaworthy. It is essential to gather as much evidence as possible, including any prior warnings or reports from the deceased maritime worker about safety concerns or vessel conditions.