Offshore Oil Rig Injury Claims - Background & Suggestions

(Note to readers: The reason we haven't added to the site in the past few weeks is that our law firm has been trying a major wrongful death lawsuit against Nabors Drilling International, Limited involving a shooting death in the Middle East.)

Offshore Oil Rig Injury Claims - Background & Suggestions

Our law firm is principally located in Houston, Texas, just minutes from the Houston Ship Channel and less than an hour from the Gulf of Mexico.  The Gulf of Mexico is one of main offshore oil and natural gas drilling sites in the world.  In the past few years, business has been booming.  More and more workers are sent offshore to work on oil rigs, the oil companies and support companies have made more and more money, and, unfortunately, more and more offshore oil rig workers have been injured or killed.

We get calls on offshore oil rig injury claims every week.  One of the most asked questions is "what law covers an injured offshore oil rig worker?," or "what are my legal rights as an offshore oil rig worker?"

The answer to the question is not simple, and our first piece of advice to these workers is to make sure that whatever law firm you hire, that the lawyers have real, extensive experience handling offshore oil rig injury claims.  The law is incredibly complicated, and the vast majority of lawyers and law firms have no experience handling offshore oil rig injury claims.

The second piece of advice is that offshore oil rig injury claims may be covered by the Jones Act, the General Maritime Law, the Longshore & Harbor Worker's Compensation Act, or the Outer Continental Shelf Land's Act case.  It depends almost entirely on the specific facts of the case, where the injured oil rig worker was assigned, what type of structure he or she was working on, how long he or she had been assigned, etc.

Employers will often attempt to force injured offshore oil rig workers to accept legal rights under the least favorable set of laws, thinking that the injured offshore oil rig worker won't know the difference, or will be so desperate for money and medical care that they will take the first offer made, even if it's a bad offer. 

Don't fall victim to this type of tactic.  The experience offshore oil rig injury lawyers know how to position your case and get you benefits and legal compensation under the most favorable and appropriate law.  Also, the offshore oil rig injury lawyers will help you financially survive during your time off from work, and will ensure that you can afford to see good doctors if the company won't agree to help with you medical care.

Oil rig work is rewarding but can be dangerous.  If you have an offshore oil rig injury claim, don't trust your case to the first lawyer you talk to, and don't rely on your employer for legal advice.  Get competent offshore oil rig injury lawyers on your side immediately.

What kind of offshore drilling rigs are covered by the Jones Act?

The Jones Act covers "seamen" injured on vessels of all kinds, including mobile offshore drilling rigs.

There are many kinds of mobile offshore drilling rigs, including jack-up rigs, mobile offshore drilling units (or "MODUs"), semi-submersibles, spar platforms, lay barges, and drill ships.

Many Courts have found that these so-called "special purpose vessels" (or "SPVs") are vessel for Jones Act purposes.  However, a worker injured aboard a mobile drilling rig still needs to pass the test set forth it the United States Supreme Court's Chandris decision, which requires, generally, a connection to a vessel or identifiable fleet of vessels that is substantial in terms of both duration and nature, and the worker must contribute to the mission or function of the vessel.

As in most cases, whether an injured worker is a "seaman" for Jones Act purposes will depend on the particular facts of the offshore workers' accident and the nature of his or her employment.