Offshore Injury Jurisdiction & Evidence Navigator
Fixed offshore platform incidents differ fundamentally from open-water maritime claims. Evaluate the critical thresholds separating the Jones Act (46 U.S.C. § 30104), the Longshore & Harbor Workers' Compensation Act (33 U.S.C. § 901), and the Outer Continental Shelf Lands Act (OCSLA) to assemble a verifiable evidentiary dossier.
Incident Parameters
Adjust factors or select presetsStatutory Legal Framework Comparison
| Statutory Regime | Negligence Requirement | Maintenance & Cure | Pain & Suffering | Third-Party Suit (§ 933 / Tort) |
|---|---|---|---|---|
| Jones Act (46 U.S.C. § 30104) | Featherweight Negligence standard | Yes (Immediate daily living & medical) | Recoverable in civil court | Available vs. negligent third parties |
| LHWCA / OCSLA (33 U.S.C. § 901) | No-Fault Statutory Scheme | No (Statutory disability wage & medical) | Barred against direct employer | Permitted against platform operator / contractors |
| State Workers' Comp / Tort | No-Fault State System | State-regulated disability caps | Barred against direct employer | Permitted under applicable state tort law |
Maritime Evidence & Verification Dossier
3 items loggedKey Distinctions in Offshore Injury Law
The Fixed Platform vs. Vessel Boundary
Under the landmark Supreme Court ruling in Herb's Welding, Inc. v. Gray, oil and gas exploration from a stationary platform affixed to the subsoil is treated as an extension of an island or land rather than traditional maritime commerce. Workers permanently assigned to fixed platforms generally do not qualify as Jones Act seamen, even if situated hundreds of miles out in the Gulf of Mexico.
The 30% Temporal Rule (Chandris v. Latsis)
To qualify as a seaman entitled to sue an employer under the Jones Act, a worker must have a substantial connection to an identifiable vessel (or fleet of vessels under common ownership) in navigation, both in nature and duration. The Supreme Court recognized a rule of thumb requiring that a maritime worker spend approximately 30% or more of their total working time on a vessel in navigation.
Outer Continental Shelf Lands Act (OCSLA)
The OCSLA (43 U.S.C. § 1331) applies federal maritime law and the Longshore and Harbor Workers' Compensation Act to stationary installations, drilling rigs, and artificial islands located on the outer continental shelf beyond state territorial water boundaries. It ensures rapid administrative disability compensation while allowing third-party negligence suits under Section 933.
Third-Party Liability Claims (Section 933)
While the LHWCA shields the direct employer from negligence suits through its statutory exclusive-liability protection, injured offshore platform workers frequently have actionable claims against independent platform operators, charterers, equipment manufacturers, or crane contractors whose negligent operations contributed to the incident.