In the hazardous world of offshore drilling and oil platform operations, injuries are unfortunately common. Workers face dangerous conditions daily, including heavy machinery, hazardous materials, and extreme weather. When injuries occur offshore, compensation can become complex due to jurisdictional and legal challenges.
That’s where the Outer Continental Shelf Lands Act (OCSLA) plays a critical role. Passed in 1953, OCSLA extends U.S. law—including certain labor protections—onto the Outer Continental Shelf (OCS), ensuring that injured offshore workers can seek appropriate compensation.
Worker protection laws like the OCSLA give job injury victims important rights and access to life-changing benefits. But these rights and this access mean nothing unless an OCSLA lawyer enforces these things.
What is the Outer Continental Shelf Lands Act (OCSLA)?
The OCSLA is a federal law originally designed to regulate offshore mineral and energy development in the U.S. Outer Continental Shelf. This invisible land area includes submerged lands, subsoil, and seabed beyond state waters (typically three miles from the coast) and within U.S. jurisdiction.
While the Act’s primary purpose is to manage energy resources, an important provision is its extension of federal laws—like the Longshore and Harbor Workers’ Compensation Act (LHWCA)—to workers on the OCS. This means that injured offshore workers may be entitled to benefits normally reserved for longshoremen, harbor workers, and certain maritime employees.
Who is Covered Under OCSLA?
OCSLA applies to workers injured while performing activities related to offshore oil, gas, and mineral exploration, production, or development. This category includes:
- Oil rig workers,
- Drillers and derrickmen,
- Subsea engineers,
- Roustabouts,
- Platform mechanics and electricians,
- Geologists,
- Surveyors, and
- Some maritime and transport workers supporting offshore operations.
To qualify under OCSLA, the injured person must be involved in operations that are closely linked to mineral exploration or development on the OCS, even if the injury occurred on a vessel or in support roles.
Key Criteria for OCSLA Injury Claims
Like most injured worker compensation laws, the OCSLA has very strict eligibility requirements. Their requirements include:
- Location: The injury must occur on the Outer Continental Shelf or in connection with OCS operations. This could include platforms, rigs, vessels near the shelf, or even transport to and from these locations.
- Nexus: An injury lawyer must establish a direct connection between the injured worker’s activity and the exploration, development, or production of natural resources on the shelf.
- Worker Status: The injured person must be classified as an employee under OCSLA. Independent contractors may not qualify unless other circumstances apply.
If these conditions are satisfied, the worker is likely entitled to compensation under the Longshore Act as extended by OCSLA.
OCSLA vs. Other Maritime Laws
Navigating injury claims offshore can be confusing because several laws might apply depending on the worker’s role and location. Here’s how OCSLA compares, and we apologize for all the alphabet soup in this section:
- OCSLA vs. Jones Act: The Jones Act provides protections for seamen who are injured in the course of their employment. To qualify under the Jones Act, the worker must be assigned to a vessel and contribute to its mission. If the worker does not meet the criteria for a seaman, OCSLA may apply instead.
- OCSLA vs. LHWCA: The Longshore and Harbor Workers’ Compensation Act (LHWCA) is the primary vehicle for benefits under OCSLA. If the injury falls under OCSLA, the LHWCA provides the framework for compensation—this includes medical care, wage replacement, rehabilitation, and survivor benefits.
- OCSLA vs. State Laws: OCSLA may incorporate state law as surrogate federal law in cases where federal law is silent. This means that if a particular issue is not addressed directly by OCSLA or other federal statutes, the law of the adjacent state may apply. However, this only applies when it does not conflict with federal law.
According to an old legal adage, where there is a wrong, there is a remedy. An OCSLA lawyer must carefully match the facts and circumstances of an illness or injury with the proper injury compensation law.
Compensation Available Under OCSLA
If a worker qualifies under OCSLA and LHWCA, the following types of financial compensation may be available:
- Medical Benefits: This comprehensive benefit includes full coverage for reasonable and necessary medical treatment related to the injury, including hospital and surgical care, prescription drugs, medical devices, rehabilitative therapy, physical therapy, and transportation to and from medical appointments.
- Wage Replacement (Indemnity Benefits): Most injured victims and survivors of deceased victims receive two-thirds of the victim’s average weekly wage (AWW). This calculation is based on both proven prior and possible future earnings. Wrongful death survivors are entitled to additional benefits, mostly compensation for pecuniary losses, such as funeral and burial costs.
Furthermore, if the victim is unable to return to their previous job, vocational training and job placement assistance may be available.
Filing a Claim Under OCSLA
First and foremost, promptly report a work-related injury to an immediate supervisor. Generally, the supervisor must receive written notice within thirty days of injury. Time extensions are available in some cases, especially if the victim suffers from an occupational disease, such as noise-related hearing loss.
After choosing a qualified physician and following through with all recommended treatment, victims must submit Form LS-203 to the U.S. Department of Labor within one year of the injury.
At that point, an OCSLA lawyer usually takes the wheel. Offshore injury claims can be legally complex. An experienced maritime or workers’ compensation attorney can ensure proper classification and maximum compensation.
Frequent Challenges to OCSLA Claims
Despite its protections, obtaining compensation under OCSLA is not always straightforward. Right off the bat, the insurance company may challenge jurisdiction. As mentioned above, if the victim filed a claim under the wrong law, the hearing officer might throw the claim out of court.
Furthermore, some employers may dispute whether the worker qualifies under the Act. Usually, only employees, not independent contractors, are eligible for OSCLA benefits. At best, disputes over the nature of injury or employment status can delay benefits.
On a related note, complexities may arise when trying to apply state law as federal law in an OCSLA context, mostly because of the aforementioned three-mile line.
For more information about other injured worker benefits, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.