Working offshore can be demanding and dangerous. Oil rigs, drilling platforms, supply vessels, construction vessels, and other offshore workplaces involve heavy machinery, high-pressure equipment, chemicals, heights, moving vessels, and difficult working conditions. When an accident happens, an offshore worker may suffer serious injuries that affect their ability to work and support their family.
If you or someone close to you has been injured while working on an offshore rig or vessel, understanding your legal rights is important. An offshore accident lawyer can help determine what laws apply to your situation and whether you may have a claim for compensation.
This guide explains common offshore and rig injuries, potential legal claims, and important steps to take after an accident.
What Is an Offshore Accident?
An offshore accident is an injury-causing incident that occurs while a worker is performing duties on or around an offshore facility, vessel, drilling rig, or platform.
Offshore accidents can happen on:
- Oil and gas drilling rigs
- Offshore production platforms
- Jack-up rigs
- Semi-submersible rigs
- Drillships
- Supply vessels
- Construction vessels
- Offshore wind facilities
- Pipelines and subsea operations
- Marine transportation vessels
Because multiple companies and contractors may operate at the same location, determining who is legally responsible can sometimes be complicated.
Common Offshore Rig Injuries
Offshore workers can experience many different types of injuries. Some are caused by sudden accidents, while others develop over time because of unsafe working conditions.
Common injuries include:
1. Broken Bones and Fractures
Falls, equipment failures, and being struck by objects can result in broken arms, legs, ribs, wrists, or other bones.
2. Back and Spinal Injuries
Lifting heavy equipment, falls from elevated areas, and accidents involving machinery can cause serious back and spinal injuries.
3. Traumatic Brain Injuries
A worker may suffer a concussion or more serious brain injury after being struck by equipment or falling from a height.
4. Burns and Chemical Injuries
Oil, gas, chemicals, steam, and other hazardous materials can cause severe burns or toxic exposure.
5. Crush Injuries
Workers can be caught between machinery, pipes, cables, containers, or other heavy equipment.
6. Amputations
Serious machinery accidents can result in permanent loss of fingers, hands, feet, legs, or other body parts.
7. Hearing Damage
Long-term exposure to loud machinery, engines, drilling equipment, and explosions may contribute to hearing-related injuries.
8. Repetitive-Stress Injuries
Repeated lifting, bending, vibration, or physically demanding work may contribute to musculoskeletal injuries.
What Causes Offshore Rig Accidents?
An offshore accident may result from a number of factors. Common examples include:
- Defective or poorly maintained equipment
- Inadequate safety training
- Failure to provide appropriate protective equipment
- Unsafe work procedures
- Poor supervision
- Slippery or poorly maintained surfaces
- Falling objects
- Machinery failures
- Explosions or fires
- Vessel collisions
- Dangerous lifting operations
- Crane accidents
- Chemical exposure
- Fatigue and excessive working hours
- Failure to follow safety regulations
In some cases, more than one party may have contributed to the accident.
What Laws Apply to Offshore Workers?
One of the most important issues after an offshore accident is determining which law applies.
Depending on the worker’s job, location, vessel status, and circumstances of the accident, a claim may involve federal maritime law, the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), or other applicable laws.
The Jones Act
The Jones Act provides certain legal protections to qualifying seamen who are injured while working aboard vessels.
A qualifying seaman may potentially have a claim when an employer’s negligence contributed to an injury. Claims can involve unsafe working conditions, inadequate training, defective equipment, or other negligent conduct.
Whether a worker qualifies as a seaman is a legal question that depends on the nature of the worker’s duties and connection to a vessel.
Maintenance and Cure
Certain injured seamen may also be entitled to maintenance and cure.
Generally, maintenance refers to basic living expenses while recovering, while cure relates to reasonable and necessary medical treatment for the injury or illness.
These rights can be important because offshore injuries may require extensive medical care and time away from work.
Longshore and Harbor Workers’ Compensation Act
Some maritime workers are covered by the LHWCA rather than the Jones Act.
Coverage depends on the worker’s job, location, and employment circumstances. A lawyer familiar with maritime and offshore injury law can help determine which compensation system may apply.
Can You Sue an Offshore Employer After a Rig Injury?
Possibly.
The answer depends on your employment status, where the accident occurred, the vessel or platform involved, and the facts surrounding the injury.
For example, a qualifying seaman may have a Jones Act negligence claim, while another offshore worker may fall under a different compensation system.
An offshore injury lawyer can investigate the accident and identify potentially responsible parties.
Who Could Be Responsible for an Offshore Accident?
Responsibility is not always limited to the worker’s direct employer.
Depending on the circumstances, potentially responsible parties may include:
- Offshore operators
- Drilling contractors
- Vessel owners
- Vessel operators
- Equipment manufacturers
- Maintenance contractors
- Staffing companies
- Subcontractors
- Other companies working on the facility
An investigation may examine maintenance records, safety procedures, training documents, witness statements, photographs, videos, and accident reports.
What Compensation May Be Available?
The compensation available depends heavily on the applicable law and the circumstances of the injury.
Potential damages in an offshore injury claim may include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Physical impairment
- Disability
- Rehabilitation costs
- Other legally recoverable losses
In certain maritime cases, additional remedies may be available.
It is important not to assume that every offshore worker has the same rights. The applicable law can significantly change what benefits or damages may be available.
What Should You Do After an Offshore Rig Accident?
The steps you take immediately after an accident can be important.
Report the Accident
Notify the appropriate supervisor or employer about the accident and injury. Make sure the incident is properly documented.
Seek Medical Treatment
Get medical attention as soon as reasonably possible. Some serious injuries may not produce obvious symptoms immediately.
Document What Happened
If possible, keep records of:
- The date and location of the accident
- What you were doing when the accident occurred
- Equipment involved
- Names of witnesses
- Photographs of the accident scene
- Medical treatment
- Communications with your employer
Be Careful With Recorded Statements
An employer, insurer, or another company may ask questions about the accident. Before providing a detailed recorded statement, consider speaking with an offshore injury attorney about your rights.
Preserve Evidence
Do not intentionally delete photographs, messages, emails, medical records, or other information related to the accident.
Why Hire an Offshore Accident Lawyer?
Offshore injury cases can involve specialized maritime laws and multiple potentially responsible companies.
An experienced offshore accident lawyer can help:
- Determine which laws may apply.
- Investigate how the accident occurred.
- Identify potentially responsible parties.
- Review employment and vessel information.
- Evaluate available benefits or damages.
- Communicate with insurers and other parties.
- Help protect important evidence.
- Explain deadlines that may affect your claim.
- Negotiate when appropriate.
- Pursue litigation when necessary.
The earlier an investigation begins, the easier it may be to preserve important evidence and identify witnesses.
How Much Does an Offshore Injury Lawyer Cost?
Many personal injury and maritime attorneys handle qualifying injury cases on a contingency-fee basis, meaning the lawyer’s fee is generally tied to the recovery rather than requiring the client to pay a traditional hourly legal fee.
However, fee arrangements vary. Before hiring an attorney, ask about the fee percentage, case expenses, and what happens if the case does not result in a recovery.
How Long Do You Have to File an Offshore Injury Claim?
There is no single deadline that applies to every offshore accident.
Different laws can have different statutes of limitations and other procedural requirements. The deadline can also depend on the type of claim and the parties involved.
Because missing a legal deadline can seriously affect your ability to pursue a claim, it is wise to obtain legal advice promptly after a serious offshore injury.
Frequently Asked Questions
Do offshore workers have special injury rights?
Some offshore workers are covered by specialized maritime laws rather than ordinary state workers’ compensation laws. Your exact rights depend on your job, location, vessel or platform connection, and other circumstances.
Can I file a claim if my employer says the accident was my fault?
Possibly. In some maritime claims, an injured worker may still have legal rights even when the employer alleges that the worker contributed to the accident. The effect of a worker’s conduct depends on the applicable law and facts.
What if defective equipment caused my rig injury?
A defective product may potentially create a claim against a manufacturer or another responsible party. An investigation is necessary to determine whether a product defect or maintenance issue contributed to the accident.
Can I receive medical treatment after an offshore injury?
Depending on your employment status and applicable law, you may have rights to medical treatment and other benefits. Injured seamen may have maintenance-and-cure rights, while other workers may be subject to different systems.
Should I hire a lawyer after a minor offshore accident?
Even if an injury initially appears minor, it can sometimes become more serious. Consider documenting the incident and seeking appropriate medical attention. If the injury affects your ability to work or requires significant treatment, obtaining legal advice may be particularly important.
What should I bring to an offshore injury lawyer?
Useful information can include accident reports, photographs, medical records, employment information, pay records, witness names, communications with your employer, and details about the vessel, platform, equipment, or contractor involved.
Final Thoughts
An offshore rig injury can create physical, financial, and emotional challenges for an injured worker and their family. Maritime injury laws can also be complicated because the correct legal framework may depend on the worker’s position, the location of the accident, and the relationship between the worker, vessel, employer, operator, and contractors.
If you have suffered an offshore accident, do not assume that workers’ compensation is your only option. Understanding whether the Jones Act, maintenance and cure, the LHWCA, or another law applies can make an important difference.
Consider speaking with a qualified offshore accident or maritime injury lawyer as soon as possible. A lawyer can review the facts of your case, explain the legal options available to you, and help you understand applicable filing deadlines.
Legal Disclaimer: This article is provided for general informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. Maritime and offshore injury laws vary according to the facts of each case and may change over time. For advice regarding a specific injury or claim, consult a qualified attorney licensed in the appropriate jurisdiction.