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 a maritime death in Lousiana, courts use the Death on the High Seas Act. At Cueria Law Firm, we offer our legal expertise to offshore employees, helping individuals as well as family members seek compensation.
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 died 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 daily. The lives of seamen and harbor employees rely daily on a safe work environment.
When working in the maritime industry, one of the most devastating accidents that can take place is a vessel collision
Falling objects, collisions, slips and falls, fishing accidents, and winch failures are just the tip of the iceberg as to what can happen while working in the maritime industry.
Commercial diving is an inherently dangerous profession, and as a result, commercial diving accidents do occur.
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 who knows and understands maritime laws. Our attorneys have experience in such cases and use The Death on the High Seas Act (DOHSA) to file a claim on 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.
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"A GUIDE TO LOUISIANA PERSONAL INJURY & MARITIME LAW"
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