Injured on a Gas Platform or Ship? Your Rights Under Maritime Law

Offshore work is important, but it’s risky and demanding. Serious injuries can happen in an instant for oil and gas workers, deckhands, drillers, and shipbuilders. If you or a loved one was injured on a gas platform, ship, or other location involving admiralty and maritime law, it is essential to understand that a distinct set of laws, separate from standard workplace rules on land, protects injured workers. These laws determine your rights.

Learning about the available protections is the first step in securing fair treatment and compensation. If you need legal assistance with an injury, visit the Super Lawyers directory. There, you can find a lawyer who specializes in admiralty and maritime law.

Legal Protections and Statutory Rights for Injured Maritime Workers

Whether working aboard a drill ship, jack-up rig, semi-submersible, or barge in the Gulf of Mexico, a serious injury can happen and result in devastating harm, including traumatic brain injuries, amputations, and even wrongful death.

The type of protection that a worker qualifies for depends on the worker’s role and where the injury occurred. Several statutes cover workers on a sea vessel, dockworkers, or those working in service of a sea vessel.

Worker Protections Under the Jones Act

The Jones Act is a federal maritime law that allows seamen who spend a significant amount of time working aboard a vessel to file personal injury claims. A “significant” amount of time generally amounts to at least 30% of their working hours. The vessel must be afloat on navigable waters, in operation, and capable of moving.

Who Qualifies Under the Jones Act?

Most crew members and captains will qualify as Jones Act seamen. This can include:

• Anchors
• Bartenders
• Captains
• Cooks
• Deckhands
• Divers
• Drillers
• Engineers
• Fishermen
• Mates
• Pilots
• Stewards

What Can an Injured Worker Sue for Under the Jones Act?

The Jones Act allows injured workers to sue for negligence. An injured worker must prove that the employer’s negligence contributed to the seaman’s injuries to some extent.

What Damages Are Available Under the Jones Act?

The Jones Act provides a broader range of recoverable damages than standard workers’ compensation. Workers may be able to recover damages for medical bills, lost earning capacity, and lost wages. Workers may also recover for non-economic harms like pain and suffering.

A Jones Act lawsuit generally must be filed within three years after the injury to comply with the statute of limitations.

Unseaworthiness Claims

In addition to Jones Act negligence, injured seamen may also pursue unseaworthiness claims under general maritime law. A vessel owner has an absolute duty to maintain a seaworthy vessel, one that is reasonably fit for its intended purpose.

The vessel owner may be held liable regardless of fault if a vessel’s condition, equipment, or crew contributed to an injury. These claims can be brought alongside a Jones Act claim to maximize available compensation.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) protects longshoremen, dockworkers, harbor construction workers, and others who load, unload, build, or repair vessels. Unlike the Jones Act, the LHWCA is a no-fault system. Injured workers do not need to prove employer negligence to receive benefits.

Administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP), the LHWCA provides compensation and medical care to disabled workers from injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel.

Other benefits include:

• Medical care
• Disability compensation (temporary, permanent total, and permanent partial)
• Rehabilitation
• Death benefits

Injured Seamen’s Rights to Maintenance and Cure

Maintenance and cure represents a long-standing right for seamen injured or ill while in service of a vessel:

• Maintenance covers daily living expenses
• Cure covers medical care until maximum improvement. Unearned wages, the wages you would have received if you were able to work, may also be recovered.

To establish a right to these benefits, a seaman must show the following:

1. Engagement as a seaman
2. The injury or illness occurred, manifested, or was aggravated in the service of the vessel
3. The expenditures the seaman requires for support during the recovery period

Even if you contracted for a particular maintenance rate with your employer, you may be able to establish a higher rate if your actual expenses exceeded your contracted maintenance rate. Payments can continue until the injured individual reaches the maximum medical cure or a doctor determines that no further treatment will improve health.

Under general maritime law, if a maritime employer or shipowner wrongfully fails to pay maintenance and cure benefits, they can be liable for punitive damages.

Outer Continental Shelf Lands Act (OCSLA)

The Outer Continental Shelf Lands Act (OCSLA) provides a legal framework for managing energy and mineral resources beyond state coastal waters. OCSLA extends protections to workers on fixed platforms and oil rigs on the outer continental shelf.

Congress extended the LHWCA through the OCSLA to cover employees injured as a result of operations conducted on the Outer Continental Shelf. OCSLA benefits are similar to those under state workers’ compensation programs, meaning benefits are available regardless of who was at fault for the accident.

Benefits include:

• Disability benefits
• Medical expenses
• Death benefits
• Rehabilitation and retraining benefits

An OCSLA claim for benefits is subject to the LHWCA’s filing requirements, which generally require filing within one year after the injury or death.

Death on the High Seas Act (DOHSA)

When a maritime worker is killed more than three nautical miles from the U.S. shore, the Death on the High Seas Act (DOHSA) may apply. It allows the deceased worker’s personal representative to bring a wrongful death action for specified beneficiaries against responsible parties.

DOHSA is a federal statute that is particularly relevant for oil rig injuries, helicopter crashes, and other fatal incidents that occur far offshore. DOHSA claims must generally be filed within three years of the date of death.

How Maritime Claims Differ from Land-Based Workers’ Compensation

There are meaningful differences between claims brought under federal admiralty law and state workers’ compensation law, which may require the help of an experienced admiralty and maritime lawyer to determine how to proceed with your claim.

Differences include:

• Fault and negligence. The Jones Act requires employees to prove employer negligence, while state workers’ compensation does not require that showing.
• Scope of recoverable damages. Under the standard land-based workers’ compensation, damages for pain and suffering, lost earning capacity, and other damages are generally unavailable. Maritime claims may include such damages.
• The legal process. A straightforward administrative claim process usually governs land-based workers’ compensation. Maritime injury cases can involve lawsuits and court proceedings.
• Jurisdiction and applicable law. Federal maritime law often governs claims for injuries on a gas platform or ship instead of a state workers’ compensation claim.

Third-Party Liability in Offshore Injury Cases

In cases of injuries, offshore accidents, and wrongful deaths, an employer may not always be the only party responsible. Other common parties involved in such cases can include:

• Equipment manufacturers
• Contractors or subcontractors sharing the worksite
• Vessel owners who are not the direct employer
• Maintenance or service providers whose negligence contributed to fires and explosions, slip and fall accidents, or other incidents

Third-party claims allow injured workers to pursue claims beyond their primary claim. They can address damages not fully covered by employer-focused claims. Thus, it is critical to investigate the full scope of your claim to identify all potentially responsible parties.

Key Steps To Take Immediately After an Offshore Injury

To have the best chances of receiving the most favorable outcome, consider following these steps if you or a loved one is injured.

1. Notify your employer of the injury. If you seek medical treatment, ask your employer for the appropriate forms authorizing treatment by a doctor of your choice.
2. Obtain medical treatment as soon as possible. Get evaluated promptly and follow all recommended treatment.
3. Give written notice and document everything. Photograph the scene, equipment, and injuries. Note the names of any witnesses.
4. Preserve any records. Keep any incident reports, medical records, and related communications.
5. Be cautious with statements. Avoid signing documents or giving recorded statements without understanding your rights.
6. Consult a maritime attorney. They can advise you on filing a written claim for compensation, track deadlines, and build a strong case.

Talk to an Admiralty and Maritime Attorney

Maritime workers are entitled to protections that are distinct from those for land-based employment. If you or a loved one needs to protect your rights under admiralty and maritime law, it is critical to act quickly, document thoroughly, and understand the applicable laws.

To ensure you are positioned for the best outcomes, visit the Super Lawyers directory to find a lawyer who practices admiralty and maritime law.