The Outer Continental Shelf (OCS) of the Gulf Coast is a critical region for energy production, employing thousands of dedicated individuals on fixed oil and gas platforms. While these structures are essential, they are also inherently dangerous workplaces. When an accident occurs on these fixed offshore facilities, the unique legal landscape of the Outer Continental Shelf Lands Act (OCSLA) dictates the rights and remedies available to injured workers. Unlike seamen on vessels, workers on fixed platforms fall under a different federal compensation system.
If you or a loved one has suffered an injury on an OCS platform, navigating OCSLA’s complexities is crucial for securing the benefits and compensation you deserve. At our firm, our experienced OCSLA Lawyers are committed to fighting for the rights of injured fixed platform workers across the Gulf Coast and beyond.
The Outer Continental Shelf Lands Act (OCSLA), enacted in 1953, is a federal law that extends U.S. federal jurisdiction to the submerged lands of the Outer Continental Shelf (OCS) and to all artificial islands and fixed installations erected on these lands for the purpose of exploring for, developing, or producing natural resources.
The OCS is defined as all submerged lands lying seaward of state coastal waters (which typically extend three nautical miles from shore) and are under U.S. jurisdiction. In the Gulf of America (formerly Gulf of Mexico), this vast area is home to numerous fixed oil and gas platforms, pipelines, and other structures used for energy exploration and production.
The primary purpose of OCSLA is to establish federal control and jurisdiction over these critical offshore areas. It mandates that federal law applies to the subsoil and seabed of the OCS, as well as to artificial islands and fixed installations located there. This ensures a consistent legal framework for activities beyond state waters but within federal jurisdiction.
One of the most significant aspects of OCSLA for injured workers is its provision that the Longshore and Harbor Workers’ Compensation Act (LHWCA) applies to injuries or deaths of employees occurring as a result of operations conducted on the Outer Continental Shelf for the purpose of exploring, developing, removing, or transporting natural resources. This effectively extends the LHWCA’s federal workers’ compensation benefits to a specific group of offshore workers who would otherwise fall into a legal gray area.
OCSLA specifically targets a distinct group of offshore workers, separating them from “seamen” who are covered by the Jones Act.
The primary beneficiaries of OCSLA are workers injured on fixed offshore platforms and other permanent structures attached to the seabed of the Outer Continental Shelf. This can include:
OCSLA’s coverage also extends to those working on “artificial islands” and other installations or devices permanently or temporarily attached to the OCS seabed for resource exploration, development, or production. This can include certain floating production, storage, and offloading (FPSO) systems if they are considered fixed platforms rather than vessels.
It is crucial to understand that OCSLA primarily covers workers who are not considered “seamen” under the Jones Act. If your primary work duties are aboard a vessel “in navigation” (like a drillship, mobile jack-up rig, supply boat, or tugboat), you are likely a seaman covered by the Jones Act, which offers different and often more comprehensive remedies (including the right to sue for negligence and pain and suffering). OCSLA typically applies to workers whose employment status is the fixed platform itself, rather than a vessel.
Workers on OCS platforms face numerous hazards that can lead to severe and life-altering injuries.
Accidents on fixed platforms often result from:
Injuries sustained on OCS platforms can be catastrophic, often requiring extensive medical treatment and long-term care:
OCSLA incorporates the LHWCA, providing a federal workers’ compensation system, but it also allows for other avenues of recovery.
Under OCSLA, injured fixed platform workers are entitled to the same no-fault benefits as those covered directly by the LHWCA. These include:
Since the LHWCA is a no-fault system, you typically do not need to prove your employer was negligent to receive these benefits.
While OCSLA (through LHWCA) is generally a no-fault system for your employer, it does not prevent you from suing a negligent “third party” whose actions caused or contributed to your injury. This is a critical distinction, as it allows injured workers to seek damages beyond those available under LHWCA, including for pain and suffering. Third parties could include:
In the tragic event that an OCSLA-covered worker dies due to a work-related incident on a fixed platform, the Act also provides death benefits to eligible surviving dependents (spouse, children, parents), including funeral expenses and ongoing financial support. These benefits are also administered under the LHWCA.
The legal framework for OCSLA claims is complex, often involving overlapping federal statutes and the formidable resources of major energy companies. Navigating it effectively requires specialized legal expertise.
Determining whether your injury falls under OCSLA, the Jones Act, or another body of law can be challenging. A misclassification can severely jeopardize your claim. Our attorneys are adept at analyzing your employment status, the nature of the facility, and the location of your injury to ensure your case is filed under the correct legal framework.
While LHWCA benefits are no-fault, if you pursue a third-party negligence claim for pain and suffering or greater compensation, you must prove the negligence of the responsible party. We conduct thorough investigations, gather critical evidence, and work with experts to build a strong case proving fault.
Our firm is committed to ensuring you receive every benefit and all compensation you are entitled to. We meticulously calculate the full extent of your damages, including future medical needs, lost earning capacity, and pain and suffering in third-party claims, fighting aggressively against insurance companies seeking to minimize payouts.
OCSLA claims, like LHWCA claims, have strict reporting and filing deadlines. For instance, notice of injury must generally be given to your employer within 30 days, and a formal claim (Form LS-203) usually filed with the Department of Labor within one year. Missing these deadlines can lead to the denial of your claim.
Seek immediate medical attention. Report the injury to your supervisor and ensure an official accident report is filed. If safe, document the scene and your injuries with photos. Do not sign any documents or give recorded statements to your employer or their insurer without first consulting with an OCSLA attorney.
The Jones Act covers “seamen” who work on vessels “in navigation” (like mobile rigs, supply boats). The OCSLA covers workers on fixed offshore platforms and artificial islands who are not considered seamen. The types of benefits and the requirements for proving fault differ significantly between the two.
Yes. Receiving LHWCA benefits for your injury through OCSLA does not prevent you from also pursuing a separate negligence claim against a negligent third party (anyone other than your direct employer) for additional damages like pain and suffering. This is a crucial strategy an OCSLA lawyer can help you with.
OCSLA, by incorporating the LHWCA, provides medical care (your choice of doctor), temporary and permanent disability payments for lost wages, and vocational rehabilitation. In fatal cases, it provides death benefits for eligible dependents.
For LHWCA benefits under OCSLA, formal claims (LS-203) generally must be filed within one year from the date of injury (or last compensation payment). However, for third-party negligence lawsuits under OCSLA, the statute of limitations is determined by the law of the “adjacent state” to where the accident occurred, which can vary (e.g., Louisiana has a one-year statute of limitations for personal injury, while Texas has two years). This makes it essential to consult an attorney promptly.
Working on the Outer Continental Shelf carries inherent risks, and a serious injury can devastate your life, leaving you with medical debt and lost income. Understanding your rights under the Outer Continental Shelf Lands Act (OCSLA) is paramount, but navigating its complexities and distinguishing it from other maritime laws requires specialized legal knowledge.
At our firm, our Gulf Coast OCSLA Lawyers have a proven track record of successfully representing injured fixed platform workers. We are dedicated to ensuring you receive all the LHWCA benefits you are due and aggressively pursuing any additional compensation available through third-party negligence claims.
Your legal rights are specific and time-sensitive. Don’t compromise your future. Contact our experienced team today for a free, confidential consultation.
