Outer Continental Shelf Lands Act
Beyond state territorial limits, the Outer Continental Shelf Lands Act (OCSLA), 33 U.S.C. § 1331 et seq., mandates work injuries related to offshore oil & gas exploration are compensable only under the LHWCA. OCSLA applies outside 10 nautical miles off the shore of Texas and the Gulf Coast of Florida, and applies 3 land miles off the coast of Louisiana . Land-based tort suits against non-employers for platform injuries are governed by the adjacent state's law, regardless of the location of the distance of the platform from shore. Conversely, seamen's remedies are uniform and exclusive regardless of where their injury occurs – seamen are still covered by maritime law for injuries occurring on land while subject to the call of the ship. Determining whether offshore workers qualify as seamen or are covered by OCSLA sometimes is difficult.

OCSLA also incorporates the law of the adjacent state as “surrogate federal law” if it is not inconsistent with maritime law. In the case of offshore injuries, this can greatly complicate analysis of liability under a Master Service Agreement or other offshore indemnity agreement. Depending on which law applies and how the agreement it is drafted, it is possible that federal law governing indemnity on shelf or state law may apply. If the MSA is not properly drafted – which is too frequently the case – indemnity may be jeopardized. Fitzhugh, Elliott & Ammerman, P.C. has extensive experience in and an active docket defending offshore injury claims on and off the shelf and concomitant analysis of offshore indemnity agreements. The firm also regularly provides legal defense and guidance in determining the status of offshore workers.

THE ABOVE IS NOT INTENDED AS LEGAL ADVICE. PLEASE CONSULT A LAWYER FOR ADVICE ON YOUR INDIVIDUAL SITUATION.