What is Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) is a federal law designed to provide compensation to families of individuals who die as a result of wrongful acts, negligence, or defects occurring more than three nautical miles from the U.S. shore. Originally enacted to protect maritime workers and passengers, this coverage is particularly relevant to commercial operators, vessel owners, and employers involved in offshore work.
This law is important in risk management strategies for businesses with maritime operations, as it helps address liability exposures tied to fatalities in international or deep-sea waters.
Who needs it
Coverage under the Death on the High Seas Act is typically relevant for shipowners, offshore drilling contractors, cruise operators, marine cargo companies, and firms employing workers on vessels at sea. It is also important for charter companies, ocean transporters, and others whose employees or passengers may be exposed to operational hazards while at sea.
If you operate in the maritime industry and face transportation risks or crew member exposures on the open ocean, DOHSA-related insurance is a key component of your liability protection.
What it typically covers
DOHSA-related insurance generally provides compensation to the decedent’s beneficiaries for:
- Loss of financial support
- Funeral expenses
- Loss of care and guidance
Coverage may also help with legal defense costs stemming from wrongful death claims. In a typical scenario, if a crew member dies due to a malfunctioning onboard system or negligence during offshore operations, this policy responds to the legal and financial consequences.
For businesses operating blue water vessels, pairing this protection with Blue Water Vessels Insurance can offer broader risk mitigation.
Common exclusions or limitations
Policies associated with DOHSA often exclude fatalities that occur within three nautical miles of the U.S. coast, which may instead fall under the Jones Act or other jurisdictional statutes. Additionally, exclusions may apply to incidents resulting from intentional acts, criminal behavior, or pre-existing medical conditions.
It's important to understand how this coverage interacts with other maritime protections like the US Longshore and Harbor Workers' Compensation Act Insurance, which applies to dockside or port-based employees.
Factors that influence cost
Premiums can vary based on several underwriting factors, including:
- Number of crew members or passengers
- Type and size of vessel
- Geographic area of operation
- Company safety record and incident history
Your insurer may also assess job-site hazards, vessel maintenance protocols, and compliance with maritime safety standards.
Proof of insurance & compliance
Maritime employers and operators may need to provide proof of DOHSA coverage to partners, regulators, or port authorities. Documentation is typically required during contract negotiations or in the event of an onboard incident. Maintaining clear records ensures compliance and demonstrates a commitment to risk management.
How to get a quote
To determine suitable coverage and limits under the Death on the High Seas Act, it’s best to discuss with an agent who understands maritime liability exposures. An experienced agent can help tailor a policy that aligns with your operation’s scale, route, and crew composition.
Frequently Asked Questions
Who qualifies as a beneficiary under DOHSA?Typically, spouses, children, or dependent relatives of the deceased may be eligible to receive compensation. Does DOHSA apply to private recreational boating accidents?No, DOHSA generally applies to commercial maritime operations and not to personal or recreational boating. Is DOHSA coverage required by law?While not always mandated, it is often contractually required or strongly recommended for offshore employers to carry related insurance. Can DOHSA claims be filed for deaths near the coast?No, deaths occurring within three nautical miles of U.S. shores typically fall outside of DOHSA’s scope and may be covered under other laws like the Jones Act. How does DOHSA differ from the Jones Act?The Jones Act covers injuries and deaths of seamen within U.S. waters, while DOHSA applies to fatalities that happen on the high seas beyond U.S. territorial waters.
Still have questions? Talk to a local insurance expert.
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