Archive for the ‘Death on the High Seas Act’ Category

Last week, we wrote about how the BP Deepwater Horizon widows addressed Congress to tell lawmakers about the firsthand struggles created by the limitations of the Death on the High Seas Act.  Today, we write to tell you that the majority of the U.S. House of Representatives agreed with the wives of the deceased maritime workers and has voted to amend the Death on the High Seas Act.

On July 1, the House voted overwhelmingly to allow families of those killed on the high seas to sue for pain and suffering and loss of care, compassion and comfort. 

While the House has passed the bill, advocates for the amendment of the Death on the High Seas act expect a greater challenge in the Senate where a strong coalition led by the cruise and oil industries are expected to heavily lobby senators to oppose the revised law.

We will keep you up to date on any action taken by the Senate with regard to this important bill.

A lot has been made of the environmental disaster created by the BP Deepwater Horizon oil spill – and rightly so.  It is the world’s worst oil spill accident and our nation’s worst environmental disaster.  Yet, that should not prevent us from discussing the other tragedies associated with this accident – namely, the loss of human life.

Seamen who die at sea are often survived by their wives, children, parents and other loved ones.  Loved ones are left to mourn their loss and are limited in the damages that they can recover. The Death on the High Seas Act allows relatives of fatally injured seamen to recover for funeral expenses and lost income but not loss of companionship or other damages.

This week, the widows of those lost in the BP Deepwater Horizon explosion asked Congress to change the law on behalf of all seamen and their families.  They asked that the federal law be revised to help the survivors of seamen who die at sea recover fair damages.  They explained in very emotional and real terms what the loss of their husbands means to them and to their children.

 If the Death on the High Seas Act is revised it would apply not only to seamen in the Gulf of Mexico but also to those off of the Coast of California and on all of the other “High Seas”.

The Death on the High Seas Act was enacted in 1920.  The law provides compensation for the family members of maritime workers who were killed on the high seas because of their employer’s negligence.  However, the law currently limits compensation to the lost wages incurred because of the worker’s death.

The BP Deepwater Horizon tragedy may by the catalyst that was needed to expand benefits to the families of injured maritime workers.  Earlier this month, members of the House Energy and Commerce Committee heard from the widows of the workers killed in the April 20 BP Deepwater Horizon explosion.  The members of the Committee seem open to either repealing the Death on the High Seas Act entirely or significantly amending the law. 

While it is unlikely that any changes to the Death on the High Seas Act will apply retroactively to the families of those who lost loved ones in the Gulf Oil Spill, families who are devastated by similar tragedies in the future may be able to collect damages that go beyond lost wages and include compensation for pain and suffering.

We will continue to watch this story and post any significant legal changes to you.