Death Benefits for Maritime Workers

Attorneys Explain Death Benefits for Maritime Workers

It takes a special type of person to be a maritime worker. Tough, resilient, adventuresome … many maritime workers say it’s in their DNA to work on or near the water!

But working with heavy machinery, using cargo cranes in a port, navigating the hazards of choppy waters and storms, or managing oil wells on offshore platforms, and other hazardous tasks faced by maritime employees also pose significant dangers.

Tragically, maritime workers may pass away while performing their jobs as a result of accidents, illnesses, ship collisions and sinkings, or even fires and explosions.

Fortunately, many of the regulations that protect maritime employees from workplace injuries also provide coverage for their dependents in the event that they pass away while working.

In this article the maritime and longshore worker attorneys at Cantrell Green in Long Beach, CA help you understand what benefits the family or loved ones of a deceased maritime worker can do in the tragic worst-case scenario of their passing.

Maritime Death Benefits under the Jones Act

Maritime Death Benefits under the Jones Act are benefits that are provided to the surviving family members of “seamen” who have died as a result of an injury or illness that occurred while working on a vessel or offshore platform.

Crew members of all types, including cooks, captains, workers on oil tankers, cruise ships, ferries, fishing boats, and multitude other ships are considered seamen under the Jones Act. Our experienced Jones Act attorneys can tell you if you or your loved one is considered a seaman covered by the Jones Act.

Jones Act death benefits include financial compensation for the worker’s lost wages, medical expenses, and burial costs, as well as compensation for the emotional and mental suffering of the surviving family members. The amount of compensation that is awarded will depend on a variety of factors, including the worker’s earning capacity and the extent of the family’s financial dependence on the worker’s income.

Maritime Death Benefits Under the Death on the High Seas Act

In addition to the Jones Act, seamen have another avenue for collecting death benefits if their loved one tragically dies on the job. If the seaman’s death occurs at least three nautical miles out to sea, the Death on the High Seas Act (DOHSA) can also offer death benefits for dependents.

Negligence or wrongdoing, however, must be proven to collect benefits under DOHSA. However, even if the worker who shared some of the negligence or fault in the accident, DOSHA will still provide for the seaman’s dependents.

The Death on the High Seas Act (DOHSA) provides limited benefits to the surviving family members of a person who died while on a voyage on the high seas – beyond 3 nautical miles from the shore. Under DOHSA, the surviving family members are entitled to receive compensation for the decedent’s wrongful death, including:

• Funeral expenses
• Loss of support and services
• Loss of companionship, society and protection

The amount of compensation will be based on the decedent’s earning capacity and the extent of the family’s financial dependence on the decedent’s income. Additionally, DOHSA also allows for the recovery of pecuniary losses, which are the losses suffered by the estate of the deceased, such as medical and burial expenses, and the value of the decedent’s future earnings.

It’s important to note that DOHSA does not provide for non-economic damages such as pain and suffering and the recovery is limited to pecuniary damages only.

Maritime Death Benefits Under the Longshore & Harbor Workers’ Compensation Act

Workers in a port or terminal, including longshoremen, stevedores, crane operators, and similar position, are covered for both workers’ comp and death benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Workers do not have to prove any negligence to collect benefits through this program. However, a claim must be filed within one year of the death under the LHWCA.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to the surviving family members of a maritime worker who dies as a result of an injury or illness that occurred while working on or near a navigable waterway.

Under the LHWCA, the surviving family members are entitled to receive:

• Funeral expenses
• A death benefit, which is a lump sum payment that is equal to a percentage of the worker’s average weekly wage, multiplied by the number of weeks in the worker’s “compensation rate.”
• Survivor Annuities, which are payments made to the surviving spouse and/or children of the worker. The amount and duration of these payments will depend on the worker’s earning capacity and the extent of the family’s financial dependence on the worker’s income.

It’s important to note that the LHWCA does not provide for non-economic damages such as pain and suffering, and the recovery is limited to pecuniary damages only. The LHWCA also limits the liability of the employer and does not allow for lawsuits for wrongful death.

Death Benefits Available Under the Outer Continental Shelf Lands Act

The Outer Continental Shelf Lands Act (OCSLA) provides benefits to the surviving family members of a maritime worker who dies as a result of an injury or illness that occurred while working on an offshore oil or gas platform or other type of facility located on the Outer Continental Shelf (OCS).

The benefits provided under OCSLA are similar to those provided under the Longshore and Harbor Workers’ Compensation Act (LHWCA), but with some additional features. Under OCSLA, the surviving family members are entitled to:

• Funeral expenses
• A death benefit, which is a lump sum payment that is equal to a percentage of the worker’s average weekly wage, multiplied by the number of weeks in the worker’s “compensation rate.”
• Survivor Annuities, which are payments made to the surviving spouse and/or children of the worker. -burial expenses -compensation for pain and suffering of the decedent prior to death

The amount and duration of these payments will depend on the worker’s earning capacity and the extent of the family’s financial dependence on the worker’s income. Also, OCSLA does not limit the liability of the employer and allows for a lawsuit for wrongful death.

It’s important to note that the OCSLA and LHWCA are two different laws that cover different types of maritime workers and different types of work environments. Therefore, the eligibility for benefits and the amount of compensation that is awarded will depend on the specific circumstances of the worker’s death and the law that applies to the worker’s job.

Our experienced maritime and longshore worker attorneys can tell you which of these acts applies in your situation, as well as what workers’ comp or death benefits you may be eligible to qualify for.

Maritime Death Benefit Attorneys | Long Beach, CA

If you lost a loved one who was employed in a maritime job, are hearts go out to you. Our caring and experienced attorneys understand that you are facing a difficult time both emotionally and financially.

Very few lawyers are knowledgeable in the complex system of multiple laws that apply to maritime death benefits. And the laws that provide for maritime death benefits have strict time limits, that mean if you file too late, you may miss the chance to get death benefits and compensation for your loss.

Our skilled death benefit attorneys have handled hundreds of maritime death benefit case. Whether you are the spouse, child, or other dependent of a maritime worker who died on the job, we can help you collect the death benefits you are owed.

Our maritime death benefit lawyers will help you get through this process every step of the way – and can also fight for you if your loved one’s employer tries to deny benefits.

You can trust the professional longshore and maritime worker attorneys at Cantrell Green to help you through this difficult time and ensure that you get the benefits for which you qualify.

Maritime Death Benefit Attorneys | Long Beach, CA: 800-964-8047