I was hurt on an offshore platform. What law applies?

Where you were hurt decides which law applies

Offshore injury law is a map of overlapping rules. The same injury can be governed by different laws depending on how far from shore it happened, whether the structure is fixed or a vessel, and what your job was. Getting this right at the start matters, because it decides what benefits you receive, who you can sue and how long you have.

Fixed platforms on the Outer Continental Shelf

Most offshore production platforms sit on the Outer Continental Shelf, the federal seabed beyond state waters. Off Texas, state waters extend about nine nautical miles from shore; beyond that is federal territory. The Outer Continental Shelf Lands Act (OCSLA) governs injuries on those platforms. It does two important things:

• it gives workers injured in shelf operations benefits under the federal Longshore Act, which generally pays more than Texas workers' comp; and
• it adopts the law of the adjacent state, such as Texas or Louisiana, as federal law on the shelf, where federal law doesn't already address the issue, as the U.S. Supreme Court explained in Parker Drilling v. Newton (2019).

Platforms in Texas waters

Platforms and structures within Texas state waters are generally governed by Texas law, including Texas workers' comp rules and, for contract workers, Texas Chapter 95 on property owner liability.

Movable rigs and vessels

Jack-up rigs, semi-submersibles and drillships can be vessels. Their crews may be Jones Act seamen with the right to sue their employer for negligence, claim unseaworthiness and receive maintenance and cure. Am I a Jones Act seaman? Workers hurt on a crew boat or during a personnel basket or crane transfer may have claims against the vessel too.

Claims against other companies

Offshore work brings many companies together: the platform owner and operator, the drilling contractor, catering and service contractors, crane operators and the boats that move crews and supplies. Whatever benefits you receive from your employer, claims against other companies whose negligence caused your injury are generally not limited by them.

Deaths offshore

When a worker dies offshore, the law that applies to the family's claim depends on the same questions. A federal law, the Death on the High Seas Act, applies to some deaths more than three nautical miles from shore and limits the family's recovery to financial losses, which makes identifying the right law even more important.

The evidence we go after

• The platform's location and lease, which decide the governing law.
• Incident reports to the company and to federal regulators, such as the Bureau of Safety and Environmental Enforcement.
• Job safety analyses, permits, crane and transfer records, and maintenance records.
• Witnesses from every company on the platform or vessel.
• Your work history offshore, which can decide whether you are a seaman.

How these cases unfold

After an injury at sea or on the water, the company usually starts its investigation immediately, often with an accident report, crew statements and a visit from its adjuster. The U.S. Coast Guard may investigate serious marine casualties. In the first weeks, our job is to make sure maintenance and cure is being paid, demand that logs, video and equipment be preserved, and get you to doctors you trust. Then come the experts, such as marine safety experts, doctors and economists, followed by negotiations or a lawsuit. Many maritime cases resolve in one to three years.

What to do now

Get medical care onshore, keep the name of the platform or rig, its block number if you know it, and every company on board. Don't sign a statement or release before you understand which law applies. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. Maritime cases have their own rules, and when a case calls for it, he brings in experienced maritime co-counsel and the right experts.

More answers about offshore and maritime injuries

Other ways people ask this

I was hurt on a platform in the Gulf. Am I covered by the Longshore Act?

If the platform is a fixed structure on the federal Outer Continental Shelf and you were working in shelf operations, OCSLA generally provides Longshore Act benefits.

Does Texas law apply offshore?

Inside Texas state waters, generally yes. On the federal shelf off Texas, OCSLA adopts Texas law as federal law where federal law doesn't already address the issue.

Can I sue the platform owner if I work for a contractor?

Often, yes. Claims against companies other than your employer are generally not limited by your benefits. Which law governs the claim depends on where the platform is.

I was hurt transferring from a boat to the platform. Who is responsible?

Crane and personnel-basket transfers involve the platform operator, the crane operator's employer and the vessel. Each can be responsible for its part, and the vessel's role can bring in maritime law.

How long do I have to file?

It depends on which law applies: maritime claims generally have three years, Texas claims generally two, and benefit claims have their own notice deadlines. Act quickly.

Is a helicopter or crew boat accident on the way to the platform covered?

Possibly, under maritime law or other federal law depending on the facts. Transportation companies can also be responsible. These cases need careful analysis of where and how the accident happened.

I work 14 days on and 14 off on a platform. Am I a seaman?

Usually not if you work on a fixed platform, because a fixed platform isn't a vessel. You're more likely covered by OCSLA and the Longshore Act, and you may have claims against other companies.

Authority: 43 U.S.C. § 1333 (OCSLA) · Parker Drilling v. Newton (2019) · 46 U.S.C. § 30302 (DOHSA) · 46 U.S.C. § 30106 (3-year deadline)