Offshore Injury Lawsuits: Your Legal Rights Explained

Guiding You Through the High Stakes of Offshore Injury Litigation

Working offshore is one of the most physically demanding and dangerous professions in the world. When accidents happen, the consequences are often catastrophic—resulting in life-altering injuries, ending careers, and placing an immense financial burden on families.

Oberheiden Law Group provides aggressive legal representation for injured offshore workers. Our team comprises senior attorneys who understand high-stakes litigation. Contact Oberheiden Law Group today for a free case consultation.

Why Choose Oberheiden Law Group for Your Offshore Injury Case?

Maritime law is federal law. When you file a lawsuit for an offshore injury, you are often litigating in federal court against multinational corporations armed with vast legal resources. You cannot afford to be outmatched.

National Litigation Firm

Oberheiden Law Group is a litigation firm with a national footprint and a roster of attorneys who have served at the highest levels of the U.S. Justice Department.

Senior Attorneys on Your Case

We believe your case deserves the attention of a seasoned offshore injury lawyer. At Oberheiden Law Group., you will work directly with senior attorneys who are veteran litigators.

Federal Court Experience

Maritime cases often hinge on federal statutes and procedural rules. Our team’s extensive experience in federal courts gives us a strategic advantage.

High-Stakes Capability

We routinely handle cases involving millions of dollars in liability, corporate negligence, and catastrophic loss. We have the infrastructure to conduct independent investigations, hire world-class maritime consultants, and prepare every case as if it is going to trial.

The Legal Framework of Offshore Injury Cases: Understanding Your Rights

The specific law that applies to your injury depends heavily on your job title, where the accident occurred, and the type of vessel or structure you were working on. The following are the four pillars of offshore injury law.

The Jones Act

The Merchant Marine Act of 1920, commonly known as the Jones Act, is the primary federal statute protecting “seamen.” Unlike land-based workers who are restricted to workers’ compensation (which typically bars lawsuits against employers), the Jones Act allows qualified seamen to sue their employers directly for negligence.

To win a Jones Act claim, the burden of proof for causation is “featherweight.” You only need to prove that your employer’s negligence played any part, however small, in causing your injury.

General Maritime Law

Seamen are also protected by the principles of General Maritime Law. This includes the doctrine of Unseaworthiness. A vessel owner has an absolute duty to provide a ship that is reasonably fit for its intended use. This is a stricter standard than negligence.

If a piece of equipment fails, a deck is slippery, or the crew is too small for a task, the vessel may be deemed “unseaworthy,” making the owner liable for damages without you needing to prove they were “careless.”

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

This federal law covers maritime workers who are not seamen. This typically includes dock workers, shipbuilders, harbor construction workers, and many workers on fixed offshore platforms (like production spars that are permanently attached to the seabed).

• OCSLA Extension: The Outer Continental Shelf Lands Act (OCSLA) extends LHWCA benefits to workers on fixed platforms on the Outer Continental Shelf.
• Benefits: It provides medical care and a portion of lost wages, similar to workers’ comp, but with more generous federal benefits.

The Death on the High Seas Act (DOHSA)

If a maritime worker (or passenger) dies due to negligence more than three nautical miles from the U.S. shore, DOHSA applies. 

This act allows surviving family members to sue for pecuniary (financial) losses, such as lost financial support, but historically limits recovery for non-economic damages like pain and suffering (though recent amendments have shifted this in certain contexts).

Who Can Sue? Defining “Seaman” Status

Determining “who can sue” under the Jones Act versus the LHWCA is one of the most contested areas of maritime law. To qualify as a Jones Act Seaman, you must generally meet the “Chandris” test:

1. Connection: You must have a connection to a vessel (or fleet of vessels) in navigation that is substantial in both duration and nature.
2. The 30% Rule: As a rule of thumb, you generally must spend at least 30% of your working time on a vessel in navigation.

Examples of Eligible Jones Act Plaintiffs

• Crew members on jack-up rigs (which are considered vessels because they can float)
• Deckhands on tugboats and barges
• Commercial fishermen and processors
• Dredge workers
• Blue-water sailors on cargo ships and tankers

Who Is Typically Excluded (and covered by LHWCA instead)

• Workers on permanently fixed drilling platforms
• Administrative staff who rarely go to sea
• Ship repairers working on dry-docked vessels

Common Causes of Offshore Injuries

Maritime accidents are rarely “freak accidents.” They are almost always the result of systemic failures, cost-cutting, or negligence.

Unseaworthiness and Equipment Failure

Under the doctrine of unseaworthiness, a vessel owner is liable if any part of the vessel is not fit for its purpose.

• Examples: Corroded cables, defective winches, lacking non-skid paint on decks, broken safety guards on machinery, or insufficient firefighting equipment

Employer Negligence

Under the Jones Act, negligence can include a wide range of failures by the employer or fellow crew members.

• Examples: Failure to train the crew properly, forcing work in dangerous weather conditions (hurricanes/high seas), failing to provide proper medical treatment, or requiring a seaman to lift heavy loads without assistance

Third-Party Liability

In many offshore accidents, a third party—not the employer—is at fault. This could be a contractor, an equipment manufacturer, or a helicopter transport company. 

In these cases, injured workers (even those covered only by LHWCA) can file a lawsuit against the negligent third party for full damages.

Types of Offshore Injuries We Handle

The offshore environment is unforgiving. Oberheiden Law Group represents many clients who have suffered catastrophic injuries that require long-term medical care and rehabilitation.

Traumatic Brain Injuries (TBI)

These are often caused by swinging crane loads, falling objects, or slips on wet decks. TBIs can end a maritime career and result in permanent cognitive decline, requiring lifetime care.

Burn Injuries

Fires and explosions are a constant risk on oil rigs and vessels carrying hazardous cargo. We handle cases involving chemical, electrical, and thermal burns from engine room fires or well blowouts.

Spinal Cord Injuries

The heavy physical labor of offshore work leads to severe back injuries. However, acute trauma from falls or being struck by equipment can cause herniated discs, fractured vertebrae, and paralysis (paraplegia or quadriplegia).

Amputations and Crush Injuries

Fingers, hands, and limbs are frequently lost in winches, watertight doors, and heavy machinery. These injuries are often the result of “undermanning”—when a crew is too small to operate the equipment safely.

Offshore Injury Compensation: What You Can Recover

If you qualify as a Jones Act seaman, the compensation available to you is far more extensive than standard workers’ compensation.

Maintenance and Cure

Regardless of who was at fault, an injured seaman is entitled to:

• Maintenance: A daily living allowance to cover room and board while you recover (often set at artificially low rates by employers, which can be challenged legally).
• Cure: Payment of all reasonable and necessary medical expenses until you reach “Maximum Medical Improvement” (MMI). You have the right to choose your own doctor. Do not let the company doctor dictate your treatment.

Compensatory Damages

If negligence or unseaworthiness is proven, you can recover:

• Past and Future Lost Wages: Including lost overtime, bonuses, and fringe benefits.
• Loss of Earning Capacity: If you can no longer work offshore and must take a lower-paying job onshore.
• Pain and Suffering: Compensation for physical pain and mental anguish.
• Vocational Rehabilitation: Costs to retrain for a new career.

Contact Oberheiden Law Group to Protect Your Rights After an Offshore Injury

Many injury lawsuits arise because offshore workers and other maritime workers are exposed to dangerous conditions on oil rigs and offshore platforms, where offshore accidents frequently cause serious injuries, including brain injuries, spinal cord damage, and crush injuries.

Maritime laws allow injured workers, injured seamen, and those injured working offshore to pursue medical benefits, medical care, and medical treatment, seek reimbursement for medical bills, medical costs, and medical expenses, and recover lost wages, daily living expenses, and other damages after injuries sustained in offshore work or on offshore vessels operating in navigable waters or on structures covered by the Outer Continental Shelf Lands Act. Because federal maritime law, the Jones Act, and other maritime laws can apply simultaneously depending on where the injury happened, it is critical to seek medical attention immediately and consult an experienced offshore injury lawyer, experienced offshore injury attorney, or experienced maritime lawyer who has the specialized knowledge to file an offshore injury claim and secure fair compensation for workers injured on the job.

The “investigation” phase of an offshore injury lawsuit begins the moment you are hurt. While you are recovering in the hospital, the shipping company or rig owner is already deploying investigators to secure evidence and potentially minimize their liability.

You cannot fight this battle alone. You need a legal team that understands the federal court system and the aggressive tactics of maritime insurers. Oberheiden Law Group’s injury lawyers have the experience, the resources, and the federal litigation capability to ensure your voice is heard and your future is secured.

Do not sign any settlement offers or give recorded statements without speaking to an attorney. Contact Oberheiden Law Group today for a free consultation.

Further Information About Our Offshore Injury Lawsuit Services

• Common Causes of Offshore Accidents and Who Is Responsible
• Types of Offshore Injuries and the Long-Term Impact
• Who Can Be Sued After an Offshore Injury or Accident?
• Understanding the Jones Act: Rights for Injured Offshore Workers

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.