What Happens When a Seaman Dies At Sea?
Introduction: What is The Death On The High Seas Act (DOHSA)?
The Death on the High Seas Act, or DOHSA, is an important federal law passed in 1920 that provides compensation to the families and beneficiaries of seamen who die due to an accident or injury occurring on navigable waters beyond three nautical miles from shore.
This law applies to all US-flagged vessels, including passenger ships and commercial fishing vessels, as well as military vessels owned or operated by the US government. It also applies to foreign-flagged vessels operating in US waters beyond three nautical miles from shore.
Since its passage, it has been used to provide compensation to families who have experienced loss due to accidental death while working on navigable waters.
In addition to providing compensation, the law also provides certain legal rights that protect workers and their families in case of death while at sea.
It establishes liability standards, sets out certain damages recoverable by beneficiaries, and provides other important protections and benefits that are designed to ensure fair compensation for those affected by an accidental death at sea. In short, it ensures that seamen’s families are fairly compensated when tragedy strikes during their journeys across the seas.
What Happens When a Seaman Dies At Sea?
When a seaman dies at sea, his family may be eligible for financial compensation through DOHSA depending on several factors such as where the accident occurred and what caused it. Generally speaking, in order for benefits to be paid out through this law, the death must have occurred on navigable waters beyond three nautical miles from shore due to an accident or injury unrelated to natural causes or sicknesses such as cancer or heart disease.
It must also be determined that there was negligence involved which led directly or indirectly to the death in order for benefits to be paid out. If these criteria are met then eligible dependents can receive compensation through this law up to certain limits established by Congress in 1920 when it was passed into law.
Definition Of Seaman Under DoHsa
In order for benefits under this act to be paid out, a person must meet certain legal criteria established by Congress when it was passed into law in 1920 which defines who is considered a “seaman” eligible for benefits in case of accidental death during their employment at sea:
- A person must have worked onboard a vessel engaged in business operations on navigable waters beyond three nautical miles from shore, AND *The person must have contributed significantly as part of their employment duties towards operating/maintaining/repairing/manning/navigating said vessel, AND *The person must have been employed primarily aboard said vessel, AND *The person must have been employed solely by one employer without regard to whether they were an employee or contractor, AND *The person must have been employed with some degree of permanence, AND *The person must have had some connection with maritime service other than simply being hired temporarily as needed, OR *As defined by statute: “Any seaman who performs any work aboard any vessel used exclusively as a public vessel.”