The families of maritime or offshore workers who die on the job have certain legal protections under the Death on the High Seas Act, also known as DOHSA. But Sen. John D. Rockefeller IV wants to broaden them. To date, claims of damages after a loved one dies while working at sea have been restricted to what are known as pecuniary damages. This signifies a direct financial loss, as with loss of income. But surviving family members of maritime accident victims have not been able to sue for what are known as non-pecuniary damages. These include the pain and suffering inflicted on the family after a loved one is killed on the job in a maritime accident injury, as well as the loss of society and companionship. Rockefeller, of West Virginia, believes this is “antiquated and unfair.” That’s why he’s proposed a new Deepwater Horizon Survivors’ Fairness Act in the wake of the April 2010 explosion and fire which claimed the lives of 11 offshore workers on the Deepwater Horizon oil platform off the Louisiana coast. If enacted, the law will let families such as those of the killed Deepwater Horizon workers sue for non-pecuniary damages as well. Such wrongful death and personal injury claims already are available for deaths of onshore workers in various occupations, and Rockefeller believes they should extend to maritime or offshore workers’ families too. Maritime jobs are among the most hazardous in the United States, and they deserve special protections by the DOHSA. Such a DOHSA …

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Filed under: personal injury claims

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