Outer Continental Shelf Lands Act

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OCSLA Claims for Offshore Platform Workers — Lambert Zainey Smith & Soso

If you were injured working on a fixed oil platform, jack-up rig, or other structure attached to the seabed in the Gulf, the Outer Continental Shelf Lands Act — known as OCSLA — most likely governs your injury claim. Understanding what OCSLA means for you is the first and most important step in pursuing full compensation.

OCSLA does two things that matter directly to injured workers. First, it guarantees you LHWCA workers’ compensation benefits — covering medical expenses and a portion of lost wages — from your employer, regardless of fault. Second, it allows you to bring separate negligence claims against other responsible parties — the platform operator, contractors, and equipment manufacturers — using Louisiana law or federal maritime law. These two claims can be pursued simultaneously, and pursuing both is almost always the right approach.

Lambert Zainey’s New Orleans maritime lawyers have spent nearly 50 years navigating OCSLA claims for workers injured on Gulf Coast platforms and structures. This page explains how OCSLA works and what it means for your specific situation.

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Key Takeaways

OCSLA — the Outer Continental Shelf Lands Act — governs injury claims for workers on fixed platforms, jack-up rigs when jacked up, and other structures attached to the seabed beyond state waters in the Gulf.
OCSLA does two things simultaneously: it extends LHWCA workers’ compensation benefits from your employer regardless of fault, and it allows separate negligence claims against third parties — platform operators, contractors, and equipment manufacturers.
For most fixed platform injuries in the Gulf, OCSLA applies Louisiana law to third-party negligence claims. Federal maritime law may apply instead if the injury has a sufficient maritime connection.
⚠️ Critical deadline: LHWCA/OCSLA workers must notify their employer within 30 days of injury and file a formal compensation claim within one year. Missing the 30-day notice can permanently eliminate your right to benefits.
Receiving LHWCA benefits from your employer does not prevent you from suing a negligent third party. Both claims can — and should — be pursued simultaneously.
The U.S. Supreme Court has ruled that OCSLA can cover workers injured away from the platform itself — if your work substantially supported OCS operations, you may still qualify for OCSLA protections.

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

Passed on August 7, 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 — oil, gas, and minerals — 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 on these federally controlled areas. It acts as a “choice of law” statute — directing whether state law or federal maritime law applies to your specific claim.

A note on coverage beyond the platform: In 2012, the U.S. Supreme Court ruled unanimously in Pacific Operators Offshore, LLC v. Valladolid that OCSLA coverage extends beyond the platform itself. OCSLA applies to workers so long as they can establish a substantial nexus between their injury and their employer’s OCS extractive operations — meaning a worker injured at an onshore facility while performing duties that supported offshore operations may still qualify for OCSLA protections. If you were injured away from the platform but your work supported offshore operations, speak with an attorney before assuming OCSLA does not apply.

When and Where Does OCSLA Apply?

Defining the Outer Continental Shelf

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 beyond state boundaries.

Structures Covered by OCSLA

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 production platforms
Jack-up rigs when jacked up and attached to the seabed
Tension leg platforms
Artificial islands and caissons used for drilling or production
Any installation or device connected to the seabed for OCS resource extraction

OCSLA generally does not apply to floating vessels — supply boats, crew boats, drillships while floating, or semi-submersibles. Those 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 natural resources. This connection can exist even if the injury did not occur on the OCS structure itself — what matters is whether there is a substantial causal link between the injury and OCS operations.

Which Law Applies Under OCSLA?

This is where OCSLA becomes complex. It does not create its own body of tort law. Instead it directs which existing laws apply. The answer significantly affects what you can recover and who you can sue.

Default Rule — Law of the Adjacent State

OCSLA directs courts to apply the civil and criminal laws of the adjacent state — the closest state to the structure — as surrogate federal law, to the extent they are applicable and not inconsistent with federal law.

What this means in practice: For most platform injuries in the central Gulf, Louisiana tort law governs the negligence claim against a third party — including negligence standards, liability rules, and recoverable damages.

⚠️ Louisiana’s statute of limitations for tort claims is one year. This is significantly shorter than the three-year deadline that applies to Jones Act and general maritime law claims. If Louisiana law governs your claim, the one-year clock starts running on the date of injury.

Exception — Federal Maritime Law

State law does not apply if federal maritime law is applicable. Determining this requires analysis of whether the incident has a sufficient maritime nexus — a connection to traditional maritime activity — even though it occurred on a fixed structure.

Examples where maritime law may apply:

An injury caused by a collision between a supply boat and the platform
An injury to a worker performing traditional maritime tasks — such as cargo loading from a vessel — on the platform
Cases where the platform was involved in traditional maritime navigation or vessel operations

When maritime law applies, the statute of limitations extends to three years — making the jurisdictional determination one of the most consequential legal questions in your case.

LHWCA Coverage for OCS Workers

OCSLA explicitly extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover disability or death resulting from any injury occurring as the result of OCS operations. The U.S. Department of Labor administers LHWCA benefits for OCS workers.

What LHWCA provides:

Medical expenses — all reasonable and necessary treatment
Two-thirds of your average weekly wage during the period of disability
Permanent disability benefits if your injuries result in lasting impairment
Survivor benefits for dependents in the event of a fatal accident

Critical: LHWCA benefits are available regardless of fault — you do not need to prove anyone was negligent to receive them. And receiving LHWCA benefits from your employer does not prevent you from pursuing a separate negligence claim against a third party.

OCSLA vs. Jones Act vs. LHWCA — Key Differences

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 Covered Under OCSLA

Workers on OCS platforms face hazards that do not exist in land-based workplaces. Claims governed by OCSLA frequently arise from:

Slips, trips, and falls on decks, stairs, gratings, and equipment — see our post on gangway and fall injuries on vessels and platforms
Fires and explosions from blowouts, gas leaks, and equipment failures — see our post on blast injuries from offshore explosions
Personnel basket and vessel-to-platform transfer injuries — see our vessel transfer accidents page
Equipment malfunction and failure — cranes, winches, drilling equipment, and safety systems
Falls from height from derricks, elevated decks, and scaffolding
Falling objects and crane accidents — tools, pipe, and swinging loads
Toxic chemical and gas exposure — drilling muds, H2S, and other hazardous substances
Confined space accidents
Hurricane-related injuries during evacuations and post-storm returns — see our post on offshore workers and hurricane injuries

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 Critical for OCSLA Claims

The interplay between OCSLA, Louisiana law, federal maritime law, and the LHWCA is among the most complex areas of injury law in the United States. Getting the framework wrong — or missing a deadline — can eliminate your right to compensation entirely. An experienced OCSLA attorney will:

Determine whether OCSLA applies to your specific situation
Analyze whether Louisiana law or federal maritime law governs your tort claim — a determination that directly affects your deadlines and what damages are available
Ensure you receive all LHWCA benefits you are entitled to from your employer
Identify every negligent third party — contractor, platform operator, equipment manufacturer — and pursue claims against all of them simultaneously
Navigate the specific procedures and deadlines under the governing law before they expire

Download our free guide on the 5 Costly Mistakes to Avoid After a Maritime Accident →

What to Do After an Injury on an Offshore Platform

The steps you take in the hours and days after a platform injury directly affect your ability to recover full compensation.

Step 1: Get medical attention immediately. Accept emergency treatment and follow up with a physician as soon as possible. Tell every treating physician exactly how the accident happened. A continuous medical record from the date of injury is critical evidence in your OCSLA claim.
Step 2: Report the injury in writing — within 30 days. The LHWCA notice requirement is strict and unforgiving. Notify your employer of the injury in writing as soon as possible. The 30-day clock begins running on the date of injury — not the date you decide to pursue a claim. Missing it can permanently eliminate your right to LHWCA benefits.
Step 3: Do not sign anything without legal advice. Employers and their insurers move quickly after platform accidents. Do not sign any medical authorization, incident report, settlement document, or release before speaking with an experienced OCSLA attorney.
Step 4: Document the accident. If you can safely do so, photograph the area where the accident occurred, the equipment involved, and your injuries. Note the names and contact information of witnesses. Write down what happened while your memory is fresh.
Step 5: Contact Lambert Zainey. OCSLA claims involve overlapping legal frameworks and strict deadlines. The sooner you have experienced representation, the better protected your claim will be. Contact us for a free, confidential consultation — no fees unless we recover for you.

Why Offshore Platform Workers Trust Lambert Zainey

Nearly 50 years representing workers injured on Gulf Coast platforms and OCS structures — including the 1989 ARCO cryogenic platform explosion and the $330 million Murphy Oil settlement
Deep knowledge of OCSLA’s choice-of-law framework — we know when Louisiana law applies, when federal maritime law applies, and how to argue for the framework that maximizes your recovery
Simultaneous pursuit of all claims — LHWCA benefits from your employer and full negligence claims against platform operators, contractors, and manufacturers at the same time
Independent investigation using engineers, safety experts, and industry professionals to establish exactly what went wrong and who is responsible
Over $1 billion recovered for injured workers and their families across the Gulf Coast — see our case results

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Frequently Asked Questions About OCSLA Claims

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 the Jones Act and the unseaworthiness doctrine, fixed platforms permanently attached to the seabed are not considered vessels. This is why OCSLA — rather than the Jones Act — governs most fixed platform injury claims. Jack-up rigs present a more complex question: when jacked up and resting on the seabed they are treated as fixed structures under OCSLA, but when floating or in transit they may qualify as vessels subject to maritime law and potentially the Jones Act.

OCSLA directs courts to apply the law of the nearest adjacent state. For the vast majority of platforms in the central Gulf, that state is Louisiana. Louisiana’s tort law — including its one-year statute of limitations for negligence claims — applies to third-party negligence claims under OCSLA. If the platform is closer to Texas or Mississippi, that state’s law may apply instead. The adjacent state determination requires an analysis of the platform’s precise geographic location.

Yes — and you should. Receiving LHWCA workers’ compensation benefits from your employer generally does not prevent you from filing a lawsuit against a negligent third party — another contractor on the platform, the platform owner if not your employer, or an equipment manufacturer. The LHWCA benefit covers your basic medical and wage replacement needs regardless of fault. The third-party negligence claim allows you to recover the full value of your injuries — including pain and suffering, full lost wages, and future earning capacity — which LHWCA alone does not provide.

Deadlines depend on which law OCSLA directs to your specific situation. LHWCA benefits require written notice to your employer within 30 days of injury and a formal claim filed within one year. Third-party negligence claims governed by Louisiana law have a one-year prescription period from the date of injury. If federal maritime law applies instead of Louisiana law, the statute of limitations extends to three years. Because these deadlines differ significantly and missing them is permanent, contact a maritime attorney immediately after your accident — do not wait to determine which deadline applies.

If you were injured on a vessel — a supply boat, crew boat, or any floating craft — even if it was alongside an OCS platform, your claim would likely be governed by federal maritime law rather than OCSLA. The reason is that the injury occurred on a vessel, not on a fixed OCS structure. Vessel workers who qualify as seamen may have Jones Act protections. The distinction between being on the platform versus being on a vessel at the time of injury is one of the most consequential jurisdictional questions in offshore injury law.

Potentially yes. Following the U.S. Supreme Court’s 2012 ruling in Pacific Operators Offshore, LLC v. Valladolid, OCSLA coverage is not limited to injuries occurring on the OCS structure itself. If you were injured at an onshore facility while performing duties that substantially supported your employer’s OCS operations, you may still qualify for OCSLA protections. This is a fact-specific determination that requires an experienced attorney to evaluate.

OCSLA workers can pursue two separate streams of compensation. LHWCA benefits from your employer cover medical expenses and two-thirds of your average weekly wage during disability — available without proving fault. A separate third-party negligence claim allows recovery of full medical expenses, lost wages and future earning capacity, pain and suffering, and wrongful death compensation for surviving family members. The total recovery from both streams combined is almost always significantly higher than LHWCA benefits alone — which is why pursuing both simultaneously is critical.

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Contact Our OCSLA Lawyers

If you were injured on an offshore platform or OCS structure in the Gulf, the legal framework governing your claim is complex and the deadlines are strict. The experienced OCSLA attorneys at Lambert Zainey understand how OCSLA works, when Louisiana law applies versus federal maritime law, and how to pursue both your LHWCA benefits and your third-party negligence claims simultaneously.

What Lambert Zainey brings to your case:

Nearly 50 years of OCSLA and offshore platform litigation across the Gulf Coast
Over $1 billion recovered for injured workers and their families
No fees unless we recover for you

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