Outer Continental Shelf Lands Act

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OCSLA Lawyers in New Orleans – Outer Continental Shelf Lands Act Claims

Injuries occurring on fixed platforms, artificial islands, and other structures attached to the seabed on the Outer Continental Shelf (OCS) present unique legal challenges. These locations, typically beyond state territorial waters, fall under a specific federal law: the Outer Continental Shelf Lands Act (OCSLA).

OCSLA governs activities on the OCS, including oil and gas exploration and production. Crucially for injured workers, it dictates which body of law – adjacent state law or federal maritime law – applies to personal injury claims arising from these offshore operations. It also extends benefits similar to workers’ compensation via the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Understanding whether Louisiana state law, federal maritime law, or specific provisions of the LHWCA apply under OCSLA is critical to pursuing fair compensation. Lambert Zainey’s New Orleans maritime lawyers have extensive experience navigating the complexities of OCSLA claims and fighting for workers injured on offshore platforms and structures in the Gulf of Mexico.

Injured on an Offshore Platform? Understand Your Rights Under OCSLA.

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What is the Outer Continental Shelf Lands Act (OCSLA)?

Passed in 1953, the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.) establishes federal jurisdiction and control over the submerged lands of the Outer Continental Shelf beyond state boundaries. Its primary purposes include managing the exploration and development of natural resources (like oil and gas) and ensuring safety standards on structures located there.

For personal injury purposes, OCSLA’s most significant function is to fill a potential legal gap by determining which laws govern incidents occurring on these federally controlled areas. It acts as a “choice of law” statute.

When and Where Does OCSLA Apply? (Situs & Status)

Like the LHWCA, OCSLA applicability involves geographic (“situs”) and activity-related (“status”) tests:

Defining the Outer Continental Shelf (OCS)

The OCS generally refers to submerged federal lands lying seaward of state coastal waters. State waters typically extend 3 nautical miles from the coast (though Texas and the Gulf coast of Florida extend to 9 nautical miles). OCSLA applies to incidents occurring on structures located in these federal waters.

Structures Covered by OCSLA (Fixed Platforms)

OCSLA specifically applies to injuries occurring on artificial islands, installations, and other devices permanently or temporarily attached to the seabed erected for the purpose of exploring, developing, removing, or transporting resources from the OCS.

This primarily means fixed oil and gas platforms, jack-up rigs when jacked up and attached to the seabed, tension leg platforms, etc. It generally does not apply to floating vessels like supply boats, crew boats, drillships (while floating), or semi-submersibles, which are typically governed by general maritime law or the Jones Act.

Connection to OCS Operations

The injury must result from or occur in connection with operations conducted on the OCS for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources of the OCS seabed and subsoil.

The Critical Question: What Law Applies Under OCSLA?

This is where OCSLA becomes complex. It does not create its own comprehensive body of tort law. Instead, it directs which existing laws apply:

Default Rule: Law of the Adjacent State (e.g., Louisiana)

OCSLA states that the civil and criminal laws of the adjacent state (the closest state to the structure, e.g., Louisiana for much of the central Gulf) are adopted as surrogate federal law, to the extent they are applicable and not inconsistent with federal law.

Implication: For many platform injuries, this means Louisiana tort law (including negligence standards, rules on liability, and types of damages recoverable) will govern the claim against a negligent third party or potentially a non-employer platform owner.

Exception: Federal Maritime Law (When Applicable)

State law does not apply if federal maritime law is applicable. Determining if maritime law applies involves a complex legal analysis of whether the incident has a sufficient “maritime nexus” or connection to traditional maritime activity, even though it occurred on a fixed structure.

Examples: An injury caused by a collision between a supply boat and the platform, or an injury to a worker performing traditional maritime tasks (like cargo loading from a vessel) on the platform might trigger federal maritime law (like general maritime negligence principles or potentially unseaworthiness against a vessel owner).
Jones Act Note: It is very rare for a worker injured on a fixed platform to qualify as a Jones Act seaman, as platforms are not typically considered vessels.

LHWCA Coverage for OCS Workers

Critically, OCSLA explicitly extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover disability or death of an employee resulting from any injury occurring as the result of operations conducted on the OCS.

Implication: This means most workers injured on OCS structures covered by OCSLA are entitled to LHWCA benefits (medical care, lost wages) from their employer, similar to workers’ compensation, regardless of fault.
Parallel Claims: An injured worker can often receive LHWCA benefits from their employer and simultaneously pursue a tort claim (under adopted state law or maritime law) against a negligent third party or potentially the platform owner (if not the employer).

OCSLA vs. Jones Act vs. LHWCA: Clearing the Confusion

This table highlights the key distinctions relevant to offshore injuries:

Question	OCSLA (Governing Tort Law)	Jones Act	LHWCA (Directly or via OCSLA)
Covered Worker	Workers on fixed OCS structures	“Seamen” (crew on vessels)	Various maritime workers (Longshore, Shipyard, OCS Platform Workers via OCSLA)
Location	Fixed structures on OCS (beyond state waters)	Vessels in navigation (any location)	Navigable waters, adjacent areas, OCS platforms via OCSLA
Basis of Tort Claim	Negligence/Fault under Adjacent State Law (usually) or Maritime Law (exceptionally)	Employer Negligence	Generally, no tort claim against the employer; provides comp benefits
Compensation Benefits	No direct benefits; governs tort law	Maintenance & Cure	Medical & Lost Wage Benefits (no-fault)
Can Sue Employer?	Generally, no (due to LHWCA immunity), unless employer = platform owner acting negligently in non-employer capacity (complex).	Yes (for Negligence)	Generally, no (except specific exceptions)
Governing Law	Dictates State or Maritime Law	Federal Maritime Law	Federal Law (LHWCA statute)

Outer Continental Shelf Lands Act Claims

Common Types of Accidents & Injuries Covered

Workers on OCS platforms face numerous hazards. Claims governed by OCSLA often arise from:

Slips, trips, and falls on decks, stairs, or equipment
Equipment malfunction or failure
Falls from height
Fires and explosions
Injuries from falling objects or swinging loads (crane accidents)
Exposure to hazardous chemicals or substances
Injuries during personnel basket transfers or vessel-to-platform transfers (complex jurisdiction may apply)
Confined space accidents

case results

Over $1 Billion Recovered for Maritime Accident Victims

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$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Why Legal Expertise is Crucial for OCSLA Claims

The interplay between OCSLA, adjacent state law (like Louisiana’s), federal maritime law, and the LHWCA is incredibly complex. Determining the correct legal framework, identifying all liable parties, and calculating damages requires specialized knowledge. An experienced offshore injury lawyer like those at Lambert Zainey can:

Analyze the specific facts to determine if OCSLA applies.
Determine whether adjacent state law or federal maritime law governs the tort claim.
Ensure the injured worker receives all entitled LHWCA benefits.
Identify and pursue claims against negligent third parties (contractors, equipment manufacturers, non-employer platform owners).
Navigate the specific procedures and deadlines applicable under the governing law.

Why Pick Lambert Zainey as Your New Orleans Jones Act Lawyer?

Handling Jones Act cases right takes special skills. Lambert Zainey offers:

Deep Understanding of Offshore Jurisdictions: We have decades of experience litigating cases involving OCSLA, the Jones Act, LHWCA, and Louisiana state law in offshore contexts.
Proven Success in Complex Offshore Cases: We have successfully represented numerous workers injured on fixed platforms and other OCS structures.
Resourceful Investigation: We leverage industry experts and investigative resources to determine the cause of offshore accidents and identify liable parties under OCSLA’s framework.
Maximizing All Avenues of Recovery: We fight to secure both LHWCA benefits and maximum compensation from any applicable state or maritime law tort claims.
A Team That Fights For You: We know you’re facing a difficult battle. Our team provides dedicated support, clear communication so you’re never in the dark, and the aggressive advocacy needed to navigate the tough legal process. Read More About Our Maritime Attorneys.

We have represented injured maritime workers for over 40 years. We understand the laws that govern maritime employers and employees.

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Frequently Asked Questions about OCSLA

Injuries on offshore oil rigs or platforms may be covered under OCSLA. This section answers key questions to help you understand your rights and what support may be available to you.

Generally, no. For purposes of maritime law like the Jones Act and Unseaworthiness, fixed platforms permanently attached to the seabed are typically not considered vessels. This is why OCSLA often points to state law.

Yes. Receiving LHWCA benefits from your employer generally does not prevent you from filing a lawsuit against a negligent third party (e.g., another contractor on the platform, the platform owner if not your employer) under the applicable state or maritime law determined by OCSLA.

If you were injured on a vessel (like a supply boat or crew boat), even if it was alongside an OCS platform, your claim would likely be governed by federal maritime law (Jones Act if you’re a seaman, or general maritime law) rather than OCSLA, because the injury occurred on a vessel.

OCSLA directs courts to apply the law of the nearest adjacent state. Specific rules and precedents determine how “nearest” is measured. For much of the central Gulf, Louisiana law is often applied.

This depends on which law OCSLA points to. LHWCA benefits claims have strict deadlines (typically 1 year for claim filing). Tort claims governed by adjacent state law will follow that state’s statute of limitations (e.g., Louisiana’s is generally 1 year for torts). Maritime law claims generally have a 3-year statute of limitations. Acting quickly is essential.

Contact Our Experienced New Orleans Offshore Injury Attorneys

Injuries on Outer Continental Shelf platforms involve complex legal rules under OCSLA. Don’t try to navigate this alone. The skilled offshore injury lawyers at Lambert Zainey understand OCSLA, the LHWCA, and how Louisiana and federal maritime law interact. We fight to ensure workers injured on the OCS receive the full compensation they deserve.

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