Abbott Clay & Reed

Posts Tagged ‘death on the high seas’

Will My Family Be Entitled to Adequate Benefits if I Am Injured or Killed While Working at Sea?

In Jones Act Law, Legal Representation, LHWCA, Maritime on June 26, 2009 at 7:46 PM

The Jones Act, with help from the Longshoremen’s and Harbors’ Workers Compensation Act, helps bring financial security to dependents of seamen who lose their life at sea.  This compensation extends to any dependants on that income and has been mandated to meet the needs of a seaman’s spouse, children, and family.  Due to the high risks and life threatening environment these workers find themselves in on a daily basis, you can see the need for some form of legal protection over these matters.

Knowing what your rights are and getting the most compensation in the tragic event of losing a loved one at sea is something everyone should be entitled to.  The federal law recognizes this, even if sometimes an employer doesn’t.  If you are dependent on someone that is risking their life every time they go to work, you need to know that, if something were to happen, you are going to be taken care of after the grieving is over.

The system is basically designed to give percentages of your weekly wages to qualifying, dependant family members.  The death benefits that surround maritime law are not the most amazing compensation; however, the employers are required to compensate until the family member in question can achieve financial independence, be remarried, or turn 18.  There is even a $3000 dollar funeral expense that is covered under maritime law.

A surviving spouse is eligible to receive half of the weekly wage earned by the seaman.  If there are children involved, then this compensation obviously increases.  This is worked out by compensating the surviving dependants with half of the seaman’s weekly wage.  If you have more than one child you are eligible to get 2/3s the weekly income.  This will be paid until the child, or children, turn 18.  There are specific circumstances that see this get extended, but is normally on a case by case basis.

Advertisements

My Husband Died While Working On the River and I Believe Negligence Was Involved

In Jones Act History, Jones Act Law on June 18, 2009 at 7:44 AM

When someone dies while working on a boat or a ship of any kind, there are typically two laws which might apply. There is the Jones Act and the Death on the High Seas Act. The Death on the High Seas Act, however, would not apply to someone working on a River, so if, as an example, a woman’s husband were to die while working on a river, the law they would want to pursue would be the Jones Act, which also covers navigable waterways, such as large rivers. The Jones Act also covers injuries sustained while a vessel is docked and not just ships working more than three nautical miles out from shore like the Death on the High Seas Act.

Benefits from the Jones Act are not only payable to the person who is injured while on the vessel. If this were the case, there would be no recourse for the spouse of someone who was killed while working on a vessel, but the truth is that if someone does die while employed on a boat or ship, their spouse does retain the right to file a claim under the Jones Act.

When negligence is suspected in the case of the death of an employee of a boat or a ship, there are other statutes which also come into play, such as the General Maritime Law. Negligence is a very serious charge and, if true, can also entitle you to additional benefits; however, this is a very complicated area of the law. If you have reason to suspect negligence, or for that matter have any need to make a death claim regarding maritime law or the Jones Act, it is very important for you to hire a maritime lawyer or Jones Act specialist in order to ensure that you are treated fairly and that you actually receive the compensation that you are due.