Fighting For Workers Injured On The Outer Continental Shelf
The Outer Continental Shelf Lands Act (OCSLA), enacted in 1953, plays a critical role in protecting the rights of workers who are injured or killed while working on offshore oil platforms located on the Outer Continental Shelf (OCS). This federal law was designed to address the unique risks faced by workers on oil rigs and platforms situated far from the U.S. coast, extending important protections to those who perform duties in this hazardous environment. One of the key provisions of the OCSLA is its extension of the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover offshore workers. This means that workers injured on offshore oil platforms, as well as the families of those who are tragically killed, are eligible to receive workers’ compensation benefits, even though they are working in waters beyond state jurisdiction. By incorporating the LHWCA, the OCSLA ensures that offshore workers have access to crucial benefits, including medical care, rehabilitation services, wage replacement, and death benefits.
Several aspects of the Outer Continental Shelf Lands Act enhance the ability of injured workers and the families of deceased workers to obtain compensation in certain cases. For one, the OCSLA creates a legal framework that ensures that workers injured on platforms located on the Outer Continental Shelf, which includes areas beyond state territorial waters, are protected under federal law. This is especially important because accidents occurring on the OCS often fall outside the scope of state workers’ compensation laws. Additionally, the OCSLA allows workers to pursue claims for injuries caused by the negligence of third parties, such as contractors or equipment manufacturers, potentially increasing the compensation available beyond what workers’ compensation provides. Furthermore, the OCSLA offers death benefits to the families of workers who lose their lives in offshore accidents, including compensation for funeral expenses and ongoing financial support. This law serves as a vital lifeline for offshore workers and their families, ensuring they have access to the financial resources they need to recover or move forward after an accident or fatality.
Outer Continental Shelf Lands Act Attorneys
At Spagnoletti Law Firm, we provide aggressive representation for injured workers and the families of fatal accident victims. With more than decades of combined experience in personal injury and maritime accident litigation, our attorneys have the investigative resources and advocacy skills needed to win your case.
For a free consultation about an offshore oil platform accident, call Spagnoletti Law Firm in Houston, Texas, at 713-804-9306.
The Adjacent State Rule
Oil platforms on the Outer Continental Shelf lie beyond the boundaries of states. The Outer Continental Shelf Lands Act says that an accident on a fixed oil production platform on the shelf falls under the jurisdiction of the nearest state, provided that certain tests are met. This means that, in the Gulf of Mexico, accidents on production platforms could fall under the jurisdiction of Texas, Louisiana, Mississippi or Alabama. The majority of oil production platforms in the Gulf fall under the jurisdiction of Louisiana, with Texas second.
Spagnoletti Law Firm represents clients in oil platform accident cases throughout the Gulf of Mexico and other locations. We have attorneys who are licensed in both Texas and Louisiana who understand the Longshore and Harbor Workers’ Compensation Act and the complexities of statutory and case law as they apply to cases in both states. Experienced and determined, we seek all compensation every client is entitled to.
To learn how we can help you obtain the compensation you deserve, please contact us online or call 713-804-9306.