When maritime workers die from job-related injuries or illnesses, surviving families face unique legal rules governing wrongful death claims. The Jones Act, Death on the High Seas Act, and general maritime law each provide different remedies depending on where death occurred and the decedent's status. Understanding these overlapping frameworks helps families pursue appropriate claims and recover full compensation for their losses.
Jones Act Death Claims
The Jones Act provides wrongful death remedies when seamen die from injuries caused by employer negligence. Surviving dependents—typically spouses and children—can recover damages for their losses. The same negligence standards that apply to injury claims apply to death claims.
Damages under the Jones Act include loss of support the deceased would have provided, loss of services, and funeral expenses. Jones Act death claims may also include the decedent's pain and suffering before death, though courts have split on whether survival damages are available under the statute.
The Jones Act death claim requires proving employer negligence caused or contributed to death. The same featherweight causation standard applies—if negligence played any part in causing death, the claim can succeed. Comparative fault reduces but does not bar recovery.
Death on the High Seas Act
DOHSA provides a wrongful death remedy when death occurs more than three nautical miles from shore. This federal statute applies regardless of whether the decedent was a seaman or other maritime worker. DOHSA displaces general maritime law death remedies for deaths in covered waters.
Traditional DOHSA damages were limited to pecuniary losses—loss of support, services, and financial contributions. Non-pecuniary damages like loss of society and companionship were not recoverable. However, amendments for commercial aviation accidents have modified these limitations in certain cases.
DOHSA applies based on location of death, not location of the negligent act or the decedent's work status. If fatal injury occurs in territorial waters but death occurs beyond three miles, DOHSA governs. The location determination can significantly affect available damages.
General Maritime Law Death Remedies
General maritime law provides wrongful death remedies when DOHSA does not apply—primarily for deaths in territorial waters. These judge-made remedies have evolved over time and may provide broader damages than DOHSA historically allowed.
Loss of society damages—compensation for lost companionship, guidance, and emotional support—are available under general maritime law but not under traditional DOHSA. This distinction makes the location of death significant for determining available damages.
General maritime law death claims can run against vessel owners for unseaworthiness and against negligent third parties. These claims supplement Jones Act claims against employers, allowing families to pursue all responsible parties.
Who Can Bring Death Claims
Surviving spouses typically have primary standing to bring wrongful death claims under all applicable statutes. The spouse can recover for loss of support, services, and companionship depending on which laws apply.
Minor children can recover for lost support, nurture, and guidance. The value of a parent's care and guidance to children supports substantial damages. Adult children may have more limited claims depending on their dependence on the deceased.
Other dependents may have claims under some statutes. Parents who depended on the deceased for support, and other relatives who were actually dependent, may qualify. The specific rules vary between Jones Act, DOHSA, and general maritime law.
Calculating Death Damages
Economic losses form the foundation of maritime death claims. The deceased's expected lifetime earnings, reduced by personal consumption, represents lost support for dependents. Economists project these losses based on age, occupation, and earning history.
Loss of services—household work, childcare, and other contributions the deceased would have provided—constitutes additional economic damages. These contributions have economic value that can be calculated and recovered.
Non-economic damages vary significantly based on which laws apply. Loss of society damages available under general maritime law but not traditional DOHSA can make substantial differences in total recovery. The location of death thus affects damage calculations significantly.
Maintenance and Cure for Dying Seamen
Seamen who survive for a period after injury are entitled to maintenance and cure until death or maximum medical improvement. If death intervenes, the employer's obligation to pay cure for medical treatment continues until death. Maintenance obligations end at death.
Failure to provide maintenance and cure to a dying seaman can result in enhanced damages including attorneys' fees and punitive damages. Even when death is inevitable, employers must meet their maintenance and cure obligations.
Pursuing Multiple Claims
Maritime deaths often support multiple overlapping claims under different legal theories. Jones Act negligence, unseaworthiness, and general maritime law may all provide remedies. Families should pursue all available claims to maximize recovery.
Different defendants may face liability under different theories. Employers face Jones Act claims. Vessel owners face unseaworthiness claims. Third parties face general negligence claims. Identifying all responsible parties ensures full compensation.
Conclusion
Maritime death claims involve complex interactions between multiple federal statutes and common law doctrines. The location of death, the decedent's status, and the circumstances of the fatal injury all affect which laws apply and what damages are available. Families who lose loved ones in maritime accidents should consult experienced maritime attorneys to navigate these complexities and pursue all available claims.