Jones Act vs. DOHSA: Which One Applies to My Family Member’s Death?

After a fatal maritime accident, families face sadness, shock, and a flood of questions. Was your loved one a seaman working offshore, or a passenger on a vessel far from land. Which law actually covers the loss and the costs left behind.

At Shlosman Law Firm in New Orleans, we help families after serious injuries and wrongful deaths on the water. We hold companies and insurers accountable and work to steady your life during a hard time. This article breaks down the Jones Act and the Death on the High Seas Act, so you can see which law might guide your case.

Briefly Define General Maritime Law and Its Relevance

General maritime law is judge-made law created by courts over many decades. It is different from federal statutes like the Jones Act and DOHSA, which come from Congress. These rules cover ships, offshore work, and accidents on navigable waters.

Long ago, general maritime law did not allow a claim for wrongful death. States started passing wrongful death laws, and courts blended those with maritime rules in some situations. That history still shapes which claims are possible today.

Today, general maritime law allows death remedies for non-seamen when an accident happens within three miles of the U.S. shoreline. That often includes recreational boating and harbor cases. Seamen claims follow a different path under the Jones Act and related remedies.

If this already sounds like a lot, you are not alone. The line between state law, maritime rules, and federal statutes can feel blurry. The next sections sort it out in plain language.

What is the Jones Act?

The Jones Act is part of the Merchant Marine Act of 1920. It protects seamen who are injured or killed while working. A Jones Act claim lets a seaman, or the family in a death case, sue the employer for negligence.

To qualify, the person must be a seaman, which generally means they have a work connection to a vessel and help with its mission or function. Tug crews, offshore supply teams, drillship or jack-up rig hands, and deckhands frequently qualify. Courts look at the worker’s time on a vessel and their duties.

The Jones Act creates a remedy against the deceased seaman’s employer. In many cases, families also add a separate maritime claim for unseaworthiness against the vessel owner. That combined approach broadens the path to recovery.

Understanding who counts as a seaman is often the first step. Location on the water matters less here than job status and the employer’s conduct.

What is the Death on the High Seas Act (DOHSA)?

DOHSA is a federal law from 1920 that gives families a remedy for deaths on the high seas, generally more than three nautical miles from the U.S. coast. Congress later expanded it to cover aviation crashes that occur 12 nautical miles or more offshore. This statute was created to fill a gap for deaths far from shore.

DOHSA applies to workers, passengers, and others who die in waters beyond the three-mile limit, unless the Jones Act controls the claim for a seaman. In that offshore zone, DOHSA often becomes the controlling law for non-seamen deaths. Many cruise ship and bluewater incidents fall here.

When a death happens more than three miles from shore, DOHSA usually serves as the exclusive remedy for wrongful death, unless a Jones Act claim applies. That exclusivity affects the damages available and the parties you can sue. Getting the location right becomes very important.

Now that both laws are on the table, the next step is comparing them side by side. Distance from the coastline, and whether the person was a seaman, often decides which path fits.

Key Differences Between the Jones Act and DOHSA

Two facts steer this decision: the person’s status and where the death occurred. Proximity to the U.S. shoreline matters a lot under DOHSA, while seaman status drives the Jones Act.

Who is Covered?

The Jones Act covers seamen, which means maritime employees tied to a vessel’s work who are injured or killed in the course of employment. The claim runs against the employer. Family members stand in the seaman’s shoes for a death case.

DOHSA can cover maritime workers, passengers, and other non-employees who die offshore beyond three nautical miles. It fills in when the person is not a seaman or when the claim is not against the seaman’s employer. Aviation deaths 12 nautical miles or more offshore can also fit under DOHSA.

Location of the Incident

The Jones Act applies to a qualifying seaman no matter the distance from shore. A claim can arise in state waters, federal waters, or even foreign waters. The focus is on seaman status and employer fault.

Inside the three-mile line for non-seamen, general maritime law and state wrongful death statutes can come into play. Location can change the available damages in a big way.

Types of Recoverable Damages

The Jones Act allows a broader range of damages. Families can pursue lost wages, medical bills, and the deceased person’s pain and suffering before death. Loss of consortium and funeral costs can be available in the right case.

DOHSA focuses on pecuniary losses, meaning financial harm to the survivors, like loss of support and services. Funeral costs can be included if paid by family members. Non-economic losses are generally not available under DOHSA, with some narrow exceptions in certain airliner cases.

Basis of Liability

The Jones Act requires proof of negligence by the employer, and many cases pair that with a separate unseaworthiness claim against the vessel owner under general maritime law. Unseaworthiness looks at the condition of the vessel. Together, these claims often cover both conduct and conditions.

DOHSA claims also typically turn on negligence or unseaworthiness. The statute provides the remedy framework, while the fault concepts come from maritime law. Evidence of unsafe practices or dangerous gear becomes central.

To make the comparison simple, the chart below highlights the core differences.

The table is a guide, not a full playbook. Your facts drive which route fits best.

When Does the Jones Act Apply?

The Jones Act applies when a seaman is injured or killed by employer negligence, or when the case includes an unseaworthiness claim tied to the vessel’s unsafe condition. Status as a seaman is the gatekeeper. Job duties and time on a vessel often carry the most weight.

The Jones Act can apply even if the incident occurs outside U.S. territorial waters. If the person meets the seaman test, the location does not block the claim. Families often add general maritime law unseaworthiness claims, even when the death happened more than three miles from shore.

If the worker was a harbor hand, seasonal deckhand, or rig worker who spent regular time on a vessel, you could have a Jones Act case. A short talk with our team can help sort that out quickly.

When Does DOHSA Apply?

DOHSA generally applies when a death occurs beyond three nautical miles from the U.S. shoreline, and the person is not covered by the Jones Act. That includes many passenger incidents and contractor deaths offshore where seaman status is not met. Cruise ship and bluewater cases often land here.

DOHSA can also apply to aviation accidents 12 nautical miles or more from shore. Families use DOHSA to claim financial losses tied to the death. Location, not job title, drives this statute.

Damages Recoverable Under Each Act

Damages shape the real-world impact of a claim. The two laws take different paths on what a family can recover. Read the lists with your facts in mind.

Jones Act Damages

Under the Jones Act, families can potentially recover the following categories of damages.

• Lost wages, past and future
• Medical expenses
• Pain and suffering of the deceased
• Loss of consortium, companionship, and guidance
• Funeral expenses

Many families also bring an unseaworthiness claim that mirrors some of these losses. Together, the claims can cover both income loss and human loss.

DOHSA Damages

Under DOHSA, recoverable damages are generally limited to the survivors’ pecuniary losses. That means money the family depended on or services the person provided.

• Loss of support, the financial contributions the deceased would have made.
• Loss of services, such as household or childcare work.
• Funeral expenses, if paid by family members.
• Non-economic damages are typically not allowed, with narrow exceptions in certain airliner cases.

This focus on dollars and services can feel tough. Even so, DOHSA claims often deliver crucial financial help.

The Role of Negligence and Unseaworthiness

Both Jones Act and DOHSA cases often turn on negligence or unseaworthiness. Negligence means a failure to use reasonable care that leads to injury or death. Unseaworthiness means a vessel, crew, or equipment was not reasonably fit for its intended purpose.

Common fact patterns show up again and again. If one or more of the issues below ring a bell, the fault piece could be strong.

• Improperly maintained equipment, such as winches or ladders.
• Failure to provide adequate safety training or procedures.
• Unsafe working conditions, like slippery decks or missing guards.
• Inadequate crew or unqualified crew members.

Evidence from maintenance logs, training records, and witness accounts often fills in the picture. Quick action helps preserve those details.

Statute of Limitations

Both the Jones Act and DOHSA have a filing deadline known as a statute of limitations. The general limit for these death claims is three years from the date of death. Different facts can affect how the clock runs, so timing matters.

Deadlines come fast, so talk with an attorney promptly to keep your rights intact. Early guidance also helps protect evidence and identify the right court. A short call can save months of stress later.

Grief makes legal chores feel heavy. You do not have to carry this alone. Help is here.

Compassionate Legal Assistance is Available: Contact Shlosman Law Firm

Shlosman Law Firm stands with families who lost a loved one on the water, and we push hard for answers and fair compensation. If you want to talk through your options under the Jones Act or DOHSA, call 504-826-9427 or reach us through our website. We welcome your questions, and we work to secure the best possible outcome for every client we serve.