Four Important Facts About the Death on the High Seas Act

Working in the Alaska maritime industry is a rewarding, well-paying position, but nature of the employment environment means that accidents and injuries are a common threat. At times, they can even be deadly, leaving the victim’s surviving loved ones to suffer financial and emotional losses in the aftermath. In the 1920’s, fatal maritime accidents were so pervasive that Congress enacted the Death on the High Seas Act (DOHSA). Survivors can file a special type of personal injury case to recover compensation for their losses, but only when the incident occurred on a vessel traveling beyond the three-nautical mile limit off the coast of Alaska.

Any position in the maritime industry carries inherent hazards, especially when the accident involves a sunken vessel, crew overboard, and fires and explosions. If someone close to you died in such a mishap, you may be eligible to file a DOHSA claim. One important fact about these cases is that the statute of limitations is three years, so you must take legal action before it expires. An Anchorage maritime law attorney can advise you on important details, but some additional points are useful.

You must prove fault under DOHSA.

In certain situations where a maritime worker is killed on the job, family members may have rights under workers’ compensation laws. It is not necessary to prove that the employer was negligent to obtain death benefits. When the maritime accident falls under DOHSA, you DO need to establish fault. You must show that your employer failed to exercise care in:

  • Operating the ship;
  • Hiring and training crew; or,
  • Inspecting, maintaining, or repairing the vessel, rendering it unseaworthy.

 

Two categories of victims are covered by DOHSA.

The term maritime relates to the sea, so you might assume that only employees working on a ship would qualify. However, DOHSA also provides legal remedies to a second category of victims: Families of workers who are killed on a commercial aircraft in international waters. Plus, keep in mind that passengers on vessels and airplanes have remedies under DOHSA.

 

Only a person with “standing” can sue.

Standing means the legal authority to file a lawsuit and, under DOHSA, there is only one individual who has this power. The statute requires the personal representative to bring a civil action against the responsible party. This individual may be someone named as the executor in a will or appointed by an Alaska probate court.

 

Only certain people can recover damages.

While a personal representative is the individual with legal authority, he or she is acting on behalf of beneficiaries to obtain compensation. Under DOHSA, those entitled to recover monetary damages include:

  • The decedent’s spouse;
  • A parent;
  • Children; and,
  • Relatives who are dependent upon the deceased person for support.

 

Consult with an Alaska Maritime Accident Lawyer Today

To learn more about your rights and remedies under DOHSA, please contact Power & Power Law at 907-222-9990 or via our website. We are happy to set up a no-cost case assessment at our offices in Anchorage, Alaska.