When workers die on the job in the maritime industry, they may leave behind loved ones, including those family members who were dependent on their income. Maritime death benefits are covered under several laws designed to give workers the right to compensation after workplace accidents. Loved ones and dependents can work with maritime lawyers to seek damages after a maritime death.
Death Benefits Under the Jones Act
The Jones Act is the maritime law that specifically covers the rights of seamen. These workers spend a significant amount of time working on seagoing vessels.
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Crew members, from cooks to captains, are covered under this law, as are workers on oil tankers, cruise ships, ferries, fishing boats, and other ships. A maritime lawyer can tell you if you are considered a seaman by law.
The Jones Act protects seamen by providing a way to sue an employer after an accident or other incident in which that employer is negligent.
The burden of proof for the seaman is low in the case of the Jones Act. If you are hurt, you only need to prove that your employer was negligent and that negligence played even a small role in causing the accident that hurt you.
In the case of a death on the job, the Jones Act extends that same right to dependents. Your loved ones can file a claim through the Jones Act if your employer can be shown to be slightly negligent in your death.
Their compensation will help provide for them after losing your income. These death benefits can be a significant relief, especially if you have children.
Death on the High Seas Act
In addition to the Jones Act, seamen have another avenue for compensation for their loved ones after dying on the job. If the death occurs at least three nautical miles out to sea, the Death on the High Seas Act, or DOHSA, can be called upon for benefits for dependents.
Negligence or wrongdoing must be proven to get benefits under DOHSA. Unlike the Jones Act, the compensation from this law does not cover things like pain and suffering, grief, or mental anguish.
If the worker who died shared some of the negligence in causing the accident, the law would still provide for their dependents.
The Longshore and Harbor Workers’ Compensation Act
If you work in a port or terminal as a longshoreman, stevedore, crane operator, or similar position, you are most likely covered for benefits under the Longshore and Harbor Workers’ Compensation Act, or LHWCA.
This is a federal workers’ compensation program for workers like you. You do not have to prove any negligence to get money through this program.
In addition to providing compensation after an accident, the LHWCA provides death benefits to widows or widowers and dependent children.
A claim must be filed within one year of the death, but it can be substantial and provide dependents with the money they need to cover everyday expenses and funeral costs.
The Outer Continental Shelf Lands Act
The LHWCA was extended in the 1950s to include people working on the outer continental shelf. These workers include those that work on offshore oil platforms, drills, and rigs but may also include the workers transporting materials and personnel to and from these locations.
The OCSLA provides workers’ compensation if you qualify and are injured on the job, but like the other laws, it also provides death benefits to your dependents.
The OCSLA covers offshore workers, but the law will still provide for your loved ones if you are killed while on shore.
A case was decided when a widow was denied death benefits under the OCSLA. Her husband was an offshore worker but died in an incident at his employer’s on-shore facility. The employer denied her benefits, but she was granted the right to compensation after taking it to court. This paved the way for other people to get benefits in similar situations after losing a loved one.
How Death Benefits Help
Death benefits won’t replace a loved one, and they can’t relieve grief. However, not needing to worry about money can be a big relief, especially if your loved ones are grieving your loss and struggling to come to terms with the loss.
Most practically, death benefits replace the income your loved ones depended on for living expenses. These benefits can also help pay for funeral expenses, which can be high.
Compensation through maritime law may also help cover any medical or counseling care that your loved ones need after your death. It can be applied simply to pain and suffering.
Losing a loved one to a tragic work accident is terrible, and there will be suffering that cannot be repaid. However, having money makes a difference and can significantly burden the surviving family members.
What to Do After Losing a Loved One
You face a difficult time if you lose a loved one to a maritime job. It is essential, though, that you determine what happened and consult with a maritime lawyer to recover the benefits you are entitled to.
Most laws providing death benefits for maritime workers have a time limit. If you are too late, you may miss your chance to get compensation for your loss. Whether you are the spouse or a child of a worker who died on the job, you can make a claim and get the money you are owed.
A maritime lawyer is the professional you need to help you get through this process. While you are grieving, a lawyer can be your advocate and guide, helping you figure out what you can recover and what steps to take to get there.
A lawyer can also fight for you if your loved one’s employer tries to deny coverage. Trust the professional expertise of someone who knows maritime law, and don’t try to take any steps without this assistance.