I Was Injured on an OffShore Oil Platform. What Law Applies?

When most people are injured on the job, the state’s workers’ comp law applies. That’s not true, however, when you work on an offshore platform. The rise of the offshore industry in recent years makes it all the more important to know your rights when you get hurt during the course of doing your work.

Many decisions of the United States Supreme Court will affect how you proceed with your case on an offshore oil platform. Furthermore, a federal law referred to as the Outer Continental Shelf Lands Act may prove important. Whether it was an explosion, a slip and fall, or some other type of incident, your ability to take action quickly is crucial for your future.

Furthermore, the law of the adjacent state associated with the offshore platform will assist with determining the fault of the parties causing an accident. This means that if you get injured on an oil platform off Louisiana’s coast, then Louisiana personal injury and accident law applies to determine the responsibility of each party. The faults of all parties will be analyzed in a case like this and a percentage may be assessed. As it relates to workers’ compensation, however, the same federal law allows that any employee making a claim against his or her direct employer has to follow a claim under the United States Longshore and Harbor Workers’ Compensation Act.

This federal workers’ compensation law provides weekly payments made automatically and medical expense payments for injured employees relative to their employers. An injured individual can still make a claim against a third party who is not the employer. This might be made absent another company that was responsible for the accident, as an example, and the workers’ compensation insurer of the injured employee would be able to recoup some of the benefits that it ultimately paid out associated with that accident. Maritime law and offshore injury law can be extremely complex and this highlights why you need to retain an attorney who has extensive experience in this field and who can assist you with walking through the process of protecting your rights. There’s a lot on the line for your future and getting help immediately is strongly recommended.