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OCSLA Lawyers (Outer Continental Shelf Lands Act)

The Outer Continental Shelf Lands Act (OCSLA) defines the outer continental shelf as any and all submerged lands lying beyond state coastal waters, greater than three miles offshore, which are under United States jurisdiction. This law helps to codify the injured seaman’s right to bring cases for incidents that occur on the Outer Continental Shelf.

osc-map

OCSLA applies to:

1. The subsoil and seabed of the Outer Continental Shelf

2. Any artificial island, installation, or other device if

  • permanently or temporarily attached to the Outer Continental Shelf seabed, and
  • erected on the seabed of the Outer Continental Shelf, and
  • its presence on the Outer Continental Shelf is to explore for, develop or produce resources from the Outer Continental Shelf

3. Any artificial island, installation, or other device if

  • permanently or temporarily attached to the seabed of the Outer Continental Shelf, and
  • not a ship or vessel, and
  • its presence on the Outer Continental Shelf is to transport resources from the Outer Continental Shelf.

If these requirements of the “situs test” are met, the next question we ask is which law, federal or state, governs the cause of action. Applicable state law substitutes in the place of federal law for claims arising out of activity on the Outer Continental Shelf.

For state law to govern, the following three tests must be met:

1.The controversy must arise on a situs covered by OCSLA.

2. Federal maritime law must not apply of its own force.

3. The state law must not be inconsistent with the federal law.


The Longshore and Harbor Workers Compensation Act (LHWCA)
 may be extended to non-seamen employed on the Outer Continental Shelf. LHWCA will apply to injuries occurring as a result of operations conducted on the Outer Continental Shelf with the purpose of exploring for, developing, removing or transporting by pipeline the natural resources of the Outer Continental Shelf.

If you have been injured while working on the Outer Continental Shelf, you should contact the experienced OCSLA Attorneys of Schechter, Shaffer & Harris, L.L.P. by email at info@smslegal.com or by phone at (800) 836-5830.

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Case Results

$17,500,000

in Jones Act Deckhand Case

$2,500,000

Recovered in Jones Act Case

$1,600,000

Recovered for Offshore Workers

$1,100,000

Recovered for Worker Injured on Dock

Testimonials

Nadia Amaraz:


“She is such a wonderful caring person and attorney. I had the privilege of having Cynthia Huerta as an attorney and Katie Granger as her assistant in my automobile case. I am very pleased with the services they provided and admire their professional excellence. Cynthia and Katie I want to extend a heart-felt thank you for you commitment for making my case successful.”

John Rodriguez:


“Mr. Shaffer was great, he handled my maritime case fast and effectively. They ensured I received the medical treatment and care that I needed and his team always made me feel at ease. I would hands down recomend Mr. Shaffer and his team to anyone looking for a trustworthy lawyer, this is a man to trust to get the job done.”

J.A. Flores:


“Mr. Harris and his staff did an amazing job! They worked tirelessly to help us get the fairest settlement possible. We are so grateful and appreciative for all they did for us. I cannot recommend them highly enough! They are great!”

Alicia Tate:


“Mr. Harris did a phenomenal job handling my car accident case. He went above & beyond for me. Mr. Harris dealt with my case swiftly. He was always available to take my calls or he returned them promptly. His staff was friendly and always very helpful. Mr. Harris put my mind at ease many times. He kept me in the loop and up to date on what was happening with my case.I reccomemd this law firm to anyone involved in any type of accident.”

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