Outer Continental Shelf Lands Act

What Is Outer Continental Shelf Lands Act Workers’ Compensation?

Workers Compensation in general is insurance purchased by an employer that pays medical benefits and lost wages to workers who were injured or made ill on the job. The Longshore and Harbor Workers’ Compensation Act provides specific benefits to employees who are maritime workers, including most dock workers.

The Outer Continental Shelf Lands Act extends the benefits of the Longshore & Harbor Workers’ Compensation Act to certain workers injured or killed on oil rigs &  platforms in the ocean. To be covered under the Outer Continental Shelf Lands Act the employee must be working on a fixed structure that is permanently attached to the outer continental shelf for the purpose of natural resource exploration or development.  This coverage extends to workers beyond 3 miles from shore.

In this article, the experienced Longshore and Outer Continental Shelf Lands Act attorneys at Cantrell Green explain who is covered by the Outer Continental Shelf Lands and how these employees can collect the maximum benefits for which they qualify.

Who Is Covered Under Outer Continental Shelf Lands Act Workers’ Comp?

The injured worker must have been engaged in operations conducted on the Outer Continental Shelf for the purpose of exploring, developing, removing or transporting by pipeline the natural resources of the subsoil and seabed of the Outer Continental Shelf.

However, it can sometimes get complicated determining eligibility depending upon where the employee is working and what he or she is doing occupationally and at the time of an injury.

And while the injury may occur anywhere, there must be what is called a “substantial nexus” between the injury and the employer’s extractive operations on the Outer Continental Shelf.  So there is a situs of operations test, but not a situs of injury test.

Additionally, if the employee is an oil and gas worker working on a fixed platform in state waters they are covered by state act workers’ compensation.  Also, if the employee is working on a vessel, either in state waters or on the Outer Continental Shelf, they may be considered a crewmember and not be covered by Longshore or OCSLA workers’ compensation laws at all.  Their remedies may be under the Jones Act, or General Maritime Law, or state liability laws, instead.

This is why it is essential to consult with a specialized Longshore and Outer Continental Shelf Act attorney, in order to ensure that you file the right workers compensation claim under the correct law with the appropriate insurer, and the obtain the maximum benefits for which you qualify.

Who Pays a Outer Continental Shelf Lands Act Workers’ Comp?

While the Outer Continental Shelf Lands Act extends the benefits of the Longshore and Harbor Workers’ Compensation Act to oil rig workers, these claims must be separately insured. In other words, Longshore Act insurance does not provide coverage for OCSLA exposure.  If you have a OCSLA claim then you need file it with your employer’s OCSLA insurer – and not just under their general Longshore Workers Comp Insurance.

Workers Comp Benefits Under the Outer Continental Shelf Lands Act

Workers’ compensation benefits available under the Outer Continental Shelf Lands Act (OCSLA) are very similar to those offered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which the OCSLA extends to cover offshore workers.

The OCSLA covers medical benefits including all of the necessary medical care for work-related injuries and illnesses. This includes doctor visits, hospital stays, surgery, rehabilitation, and medication. The OCSLA may also authorize vocational rehabilitation services to help injured workers return to suitable employment.

If a work-related injury or illness prevents you from working, you may be eligible for “lost wages” of temporary total disability benefits. These benefits typically replace a portion (around two-thirds) of your average weekly wages. In some cases, permanent partial disability benefits might be available for long-term impairments resulting from a work injury. If a work-related injury or illness leaves you with a permanent disability that significantly reduces your earning capacity, you may be eligible for permanent total disability benefits. These benefits provide ongoing financial support.

If a work-related injury or illness results in the death of a covered employee, surviving spouses and dependents may be entitled to death benefits. These benefits help replace the lost income of the deceased worker.

However, it is important to note that your specific eligibility criteria and benefit amounts will vary depending on the details of your case, such as the severity of your injury, your average wages, and your earning capacity after the injury. This is why it is essential to discuss your case with a specialized Longshore and Outer Continental Shelf Act attorney, in order to ensure that you obtain the maximum benefits for which you qualify.

Do I Need an Attorney for Outer Continental Shelf Workers’ Comp?

If you were injured on or near the Outer Continental Shelf, only an experienced attorney can sort out the wide variety of remedies and benefits for which you may qualify. Remember there are state act workers’ compensation laws, the Longshore Act, the OCSLA, General Maritime Law, The Jones Act, The Death on the High Seas Act, and other “tort” (liability) remedies available under either state law or federal admiralty law.

These many laws can be confusing – and it is important that you file your workers compensation or other injury or disability claim with the right agency using the right laws. Filing the wrong type of claim could result in serious delays that could result in your claim missing the deadline for filing and ultimately being dismissed or denied.

Our experienced Outer Continental Shelf attorneys have assisted hundreds of clients who were injured or made ill while working on or around the Outer Continental Shelf. We can help you understand your options, file for the right type of compensation, and ensure that you receive the maximum benefits for which you qualify.

Los Angeles Outer Continental Shelf Workers’ Comp Attorneys

Call our Los Angeles area law office today for a FREE consultation today with an experienced Outer Continental Shelf Act workers’ compensation attorney. Our experienced Los Angeles Outer Continental Shelf workers comp attorneys will help you understand your benefits and fight aggressively to help you receive the maximum compensation for which you qualify.

LA Outer Continental Shelf Workers’ Comp Attorneys: 800-964-8047

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