There are several Federal Statutes that allow recovery for actions not covered under the Florida Wrongful Death Act. An action arising from the death of a crew member of a seagoing vessel, killed in the course of employment as a result of the employer’s negligence is covered by the federal Jones Act and not under the Florida Wrongful Death Act. Under the Jones Act, the provisions of FELA are applicable to crew members. The liability that applies to cases under the FELA, has been extended to claims under the Jones Act. The Jones Act gives concurrent jurisdiction to the federal and state courts. To determine venue the court will look at the district in which the defendant resides or in which the defendant’s principal office is located.

An action arising from an injury on navigable waters of the United States may be brought under the Longshoremen’s and Harbor Worker’s Compensation Act (LHWCA), which provides compensation for the death of a longshoreman, harbor worker, or other such employee. The Department of Labor administers the compensation program created by the LHWCA.

An action arising from an accident on the high seas is not covered by the Florida Wrongful Death Act, it is preempted by the federal Death on the High Seas Act (DOHSA). The DOHSA constitutes the exclusive remedy for deaths caused by negligence on the high seas. Under the DOHSA, an action for damages may be maintained when a death results from a wrongful act, neglect, or default, and occurs on the high seas beyond a marine league from the shore of the United States or any of its territories or dependencies. The decedent’s personal representative must initiate the action in the U.S. District courts, in admiralty, for on behalf of the decedent’s surviving spouse, parent, child or dependent relative. DOHSA cases must be brought in the U.S. district courts, and not a state court.

Additionally, the U.S. Supreme Court recognizes a cause of action and remedy under general maritime law for death resulting from a violation of certain maritime duties. The Court’s intention was to create a uniform remedy for dealing with claims of unseaworthiness as a basis of liability in territorial waters.

Any action arising from an injury or death resulting from the negligence of another should be handled by an experienced and qualified attorney. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.