The OCSLA (Outer Continental Shelf Lands Act) defines the outer continental shelf lands and submerged areas off the coasts of the United States under U.S. jurisdiction. The Act also contains provisions and requirements for injured seamen and their rights in filing personal injury cases against the negligent party or parties.
Injured seamen are provided various protections under the OCSLA and other maritime laws. It is essential to determine whether one’s case would fit the guidelines and definitions of the OCSLA or be applicable under some other area of maritime law, like the LHWCA (Longshore and Harbor Workers Compensation Act).
Injured seamen have the right to bring about certain claims, which could include:
- Seeking immediate relief through maintenance and cure.
- Suing those responsible for the injuries when negligence can be established.
- The right to claim the offshore rig was not seaworthy.
Whether an injured seaman is entitled to punitive damages under the OCSLA or other maritime laws is not always clearly defined.
In Atlantic Sounding Co. v. Townsend, the Supreme Court ruled in favor of Townsend and said he was entitled to receive punitive damages because the employer acted in such a manner to refuse to pay maintenance and cure payments, which it should not have done.1
While the Supreme Court’s decision help make punitive damages allowable under maritime laws, like the OCSLA or LHWCA, it did not create or establish any definitions or rules. Rather, the Supreme Court decided to leave the interpretation of how to apply punitive damages in maritime injury cases to the lower courts when not directly related to maintenance and cure.
As such, whether one is awarded punitive damages in a maritime personal injury case would be entirely up to the court presiding over the case. For instance, a judge in a Texas state court may rule in favor of punitive damages, while a judge in a Louisiana state court may not award punitive damages.
For further information about what damages you can seek under the OCSLA and maritime laws, please feel free to contact the offshore injury lawyers at Maintenance and Cure, part of Schechter, Shaffer, & Harris, L.L.P., by calling 1-800-836-5830 today!
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