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.
What Are Punitive Damages in Maritime Law?
Punitive damages are awarded to punish particularly egregious behavior, such as willful negligence or misconduct by employers in the maritime industry. These damages serve as a deterrent, discouraging companies from engaging in harmful or reckless practices.
In Atlantic Sounding Co. v. Townsend, the Supreme Court ruled that an employer’s refusal to pay maintenance and cure justified punitive damages.1 However, these aren’t automatically granted in every case. It depends on the specific circumstances and the court’s interpretation of relevant laws.
OCSLA Regulations and Worker Protections
The Outer Continental Shelf Lands Act regulations provide essential protections for offshore workers, ensuring their right to compensation in the event of an injury. These regulations establish legal jurisdiction over offshore operations and set guidelines for employer responsibilities.
Some common job roles that fall under OCSLA coverage include:
- Offshore oil rig workers
- Subsea engineers
- Marine construction laborers
- Seismic surveyors
- Offshore drilling specialists
Workers may receive compensation for medical expenses, lost wages, and other damages. However, determining eligibility can be complex, as OCSLA workers’ compensation claims often overlap with other maritime laws. A maritime injury attorney can help clarify whether an injured worker qualifies under OCSLA coverage or another legal framework.
Who Decides Whether I Can Receive Punitive Damages?
While the Supreme Court’s decision in Atlantic Sounding Co. v. Townsend helped make punitive damages allowable under maritime laws, 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 Schechter, Shaffer, & Harris by calling 1-800-836-5830 today!
FAQs
What is the OCSLA?
The Outer Continental Shelf Lands Act (OCSLA) governs offshore lands and resources and provides legal protections and workers’ compensation for various maritime employees.
What are punitive damages?
Punitive damages are financial penalties meant to punish employers for reckless or intentional misconduct, such as denying rightful benefits or creating unsafe working conditions.
Am I covered under the OCSLA?
You may be covered if you work on an offshore platform, oil rig, or other fixed structure involved in resource exploration or production. Your job duties and work location determine eligibility.
What benefits are available under the OCSLA?
OCSLA benefits include medical expenses, lost wages, rehabilitation services, and death benefits for surviving dependents.
How does the OCSLA interact with other maritime laws?
The OCSLA extends Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits to offshore workers. It differs from the Jones Act, which covers seamen injured aboard vessels.
What should I do if I believe I am owed damages?
Act quickly. Document your injuries and report the incident to your employer. Then, call us at 1-800-836-5830 for a free consultation with an experienced maritime injury attorney.
Sources
Library of Congress. U.S. Reports: Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009).
