Since Congress enacted the Death on the High Seas Act (DOHSA) in 1920, the surviving family members of deceased maritime professionals have had the option to take legal action after a tragedy. Traditional workers’ compensation protections do not apply to offshore work environments.
Additionally, state-level wrongful death litigation may not be an option after a deadly maritime incident. Grieving families must file a lawsuit under DOHSA to secure compensation for the family’s losses.
Typically, there must be evidence of one of the three actionable circumstances mentioned in the statute for families to take legal action. What are the grounds for a DOHSA claim?
1. Defaults
Defaults occur when people or businesses fail to fulfill obligations. In the maritime work environment, defaults might involve a failure to provide legally necessary training or safety equipment. Those oversights on the part of an employer can lead to preventable worker mortality.
2. Wrongful acts
Wrongful acts are conduct that technically violates statutes. Requiring that workers engage in unsafe and inappropriate conduct or otherwise violating federal regulations could lead to claims of wrongful acts from surviving family members after a maritime tragedy.
3. Negligence
The failure to properly maintain a fishing vessel or emergency safety gear could constitute negligence. Negligence involves the failure to do what is reasonably necessary for safety or the decision to engage in conduct that other reasonable people could identify as unsafe.
Provided that family members have evidence of defaults, negligence or wrongful acts and that a fatality occurred at least three nautical miles from shore, DOHSA may apply. Working with a lawyer familiar with maritime wrongful death litigation can help families seek justice after a loved one dies performing offshore job functions.