In the United States, the Death on the High Seas Act is an admiralty law created in 1920 to help recover damages to family members of a seaman who was killed in a wrongful death situation or while in international waters. In today’s society, the DOHSA now extends to protect individuals involved in airline accidents over high seas as well. Essentially, the act was created to place employers with accountability for the safety measures that must be followed to create a quality and safe work environment offshore. Harbor employees, as well as seamen, work within a hazardous environment, having to complete difficult tasks on a daily basis. The lives of seamen and harbor employees rely daily on a safe work environment.
An employer of harbor workers and seamen must take great care in creating a safe workplace. When an accident or death occurs on the job, and negligence or irresponsibility of the employer is at play, the family members of the victim can file for compensation. In the case of death, the Death on the High Seas Act is followed. At Cueria Law Firm, we offer our legal expertise to offshore employees of New Orleans and surrounding areas. From burn injury to death, we cover the spectrum, helping individuals as well as family members seek compensation.
Hazards Involved in Maritime Employment
The maritime industry is perhaps the most dangerous for employees across the globe. The Occupational Safety and Health Administration has found that injuries and accidents involving shipyard work is over double that of what is seen in the construction industry. Shipyard workers, as well as seamen, need to know their rights based on maritime law. From burn injuries due to explosions or fires, machinery accidents, and other scenarios, you have the right to seek compensation.
In a wrongful death situation, you need an experienced New Orleans attorney by your side that knows and understands maritime laws. Our attorneys have experience in such cases and use the DOHSA to file a claim on the behalf of the deceased spouse, children or other family members. Based on the law, the amount of compensation is limited to the monetary loss suffered by the family due to the death of a loved one non-pecuniary damages are not included.
The family members will be compensated for a monetary loss rather than the loss of companionship, earning potential, medical expenses in the future or pain and suffering. If the family member died while on a vessel offshore, the vessel must have been at least three nautical miles from the shoreline for DOHSA to apply.
If you have lost a loved one due to an accident offshore, let our attorneys fight for you. Our experience with maritime laws will help us to determine if you have a case and then begin the process of filing for compensation.