If you are injured on an offshore rig or vessel off the Texas coast, you may have three separate legal remedies: a Jones Act negligence claim against your employer, an unseaworthiness claim against the vessel owner, and no-fault maintenance and cure payments. What you can recover depends on whether you qualify as a seaman under federal law, the condition of the vessel, and how quickly you act before the three-year Jones Act deadline runs. If you do not qualify as a seaman, the Longshore Act and claims against other companies on location may cover you instead.
You are miles offshore, in pain, and trying to figure out whether anyone is actually responsible for what just happened to you. The answer is often yes, and your rights at sea are significantly stronger than most injured workers realize.
If you were hurt on a rig or vessel during offshore oil and gas operations due to someone else’s negligence, federal maritime law gives you remedies that do not exist in standard personal injury cases. The maritime injury attorneys at McLaurin Law represent injured offshore and maritime workers from our Houston office.
Your Rights Under the Jones Act
If you work on an offshore drilling rig, liftboat, or supply vessel and are injured in the course of your employment, you may be protected under the Jones Act, 46 U.S.C. § 30104.
What the Jones Act allows you to do
The Jones Act gives qualifying seamen the right to bring a civil action against their employer when injured in the course of employment. Unlike standard workers’ compensation, a Jones Act claim allows you to seek full damages, including pain and suffering, lost wages, and future earning capacity.
Who qualifies as a Seaman?
Courts have generally applied a guideline requiring that you spend at least 30 percent of your working time aboard a vessel in navigation and have duties that contribute to the vessel’s function or mission. This threshold comes from the Supreme Court’s decision in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), not the statute itself. Offshore, crews assigned to jack-up rigs, semi-submersibles, drillships, liftboats, and supply boats often meet it. Workers on fixed production platforms generally do not, because a fixed platform is not a vessel.
Time on board is not the whole test. In 2021, the Fifth Circuit, which covers Texas and Louisiana, held that your connection to the vessel must also be substantial in nature. That turns on whether you owe your allegiance to the vessel rather than a shoreside employer, whether your work is sea-based, and whether your assignment is limited to a discrete task after which your connection to the vessel ends. Sanchez v. Smart Fabricators of Texas, L.L.C., 997 F.3d 564 (5th Cir. 2021) (en banc). This question decides a lot of cases for contract hands who move from rig to rig.
The burden of proof is lower than you might expect
Under case law interpreting the Jones Act, you only need to show that your employer’s negligence played any part in causing your injury, not that it was the primary cause. Even minor employer negligence that contributed to the accident may be enough to support your claim. If you were partly at fault, your recovery is generally reduced by your share of the blame, but it is not barred.
What Your Employer Owes You Regardless of Fault
Separate from any negligence claim, maritime law entitles injured seamen to maintenance and cure, which is a no-fault obligation your employer owes you from the moment you are injured.
- Maintenance covers your basic daily living expenses while you are recovering and unable to work
- Cure covers your medical treatment costs until you reach maximum medical improvement
If your employer is refusing to pay maintenance and cure or has cut off your benefits before you have reached maximum medical improvement, that refusal may give rise to additional legal claims or damages under maritime law. Courts have awarded additional damages, attorney’s fees, and punitive damages against employers who willfully or arbitrarily deny these payments. The Supreme Court confirmed that punitive damages are available for willful failure to pay in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009).
Unseaworthiness: A Second Basis for Your Claim
In addition to a Jones Act negligence claim, you may also have a claim for unseaworthiness against the vessel owner. A vessel is unseaworthy when it, its equipment, its crew, or its conditions are not reasonably fit for their intended purpose. On a drilling rig that qualifies as a vessel, the vessel owner is the rig owner.
How unseaworthiness differs from Jones Act negligence
Unseaworthiness is a strict liability claim. You do not need to prove the vessel owner was negligent. You only need to show that an unseaworthy condition existed and that it played a substantial part in causing your injury. Common examples offshore include:
- Defective or poorly maintained cranes, winches, pipe-handling equipment, or rigging
- Slippery or improperly maintained deck surfaces or drill floors
- Inadequate or missing safety gear
- An undertrained, understaffed, or incompetent crew
How the two claims work together
Many offshore injury claims involve both a Jones Act negligence claim and an unseaworthiness claim filed simultaneously. The Jones Act claim targets your employer’s conduct. The unseaworthiness claim targets the condition of the vessel itself. In many cases both claims are brought against the same party, such as when your employer also owns the rig or vessel.
Both claims carry a three-year statute of limitations running from the date of your injury. Missing that deadline permanently bars your right to recover under either theory, so acting quickly matters.
What If You Are Not a Seaman?
Many offshore oil and gas workers do not qualify as seamen. That does not leave you without options, but it changes who you can sue and how much time you have.
- If you were hurt on a fixed platform on the Outer Continental Shelf, the Longshore and Harbor Workers’ Compensation Act generally applies through the Outer Continental Shelf Lands Act, 43 U.S.C. § 1333(b). That means compensation benefits from your employer, usually in place of a lawsuit against it.
- You may still sue other companies whose negligence caused your injury, such as the platform operator or another contractor on location. Those claims are often governed by the law of the adjacent state, which can mean a shorter filing deadline.
- If a vessel’s negligence caused your injury, you may also have a claim against the vessel owner under 33 U.S.C. § 905(b).
Plenty of workers fall into a gray area between seaman and non-seaman, and the company has every reason to put you on whichever side costs it less. Our Houston maritime injury page explains each of these laws in more detail.
What to Do Immediately After an Offshore Injury
The steps you take in the hours after a maritime injury affect the strength of your claim. Here is what to do:
- Seek medical attention first. If your injuries are serious, request medical evacuation immediately. Your health comes before everything else. Tell the rig medic about every symptom, even ones that seem minor, because the insurer will read that first medical record closely. Once you are safe and stable, the evidentiary steps below become your priority.
- Document the scene thoroughly. Photograph your injuries, the conditions that caused the accident, any defective equipment, and the rig or vessel itself, if phones are allowed where you are. Many rigs restrict phones outside the living quarters. If yours does, do not break the rule. Write down the time, your location, the equipment involved, the weather, and who was running the job as soon as you can.
- Identify witnesses. Note the names and contact details of every crew member and contractor who saw what happened. Offshore crews rotate on hitches, so get personal cell numbers before anyone rotates off. Witness accounts from people who were on the rig or vessel at the time of the injury are among the most valuable evidence in a maritime claim.
- Identify every company on location. Offshore jobs usually put several companies on the same location, including the operator, the drilling contractor, the vessel owner, and service companies. Write down which company employed each person involved and which company owned the equipment that failed. That can determine who is responsible and how much insurance coverage is available.
- Report the incident officially. Report the injury to your supervisor immediately and make sure it is documented in writing. Serious offshore incidents must also be reported to the Coast Guard or, for platforms on the Outer Continental Shelf, to the Bureau of Safety and Environmental Enforcement (BSEE). Ask for a copy of any report, and do not sign one that gets the facts wrong.
- Do not give a recorded statement to your employer or their insurer. Maritime employers and their insurers move quickly after an injury. Do not give a recorded statement, sign any release, or accept any settlement before speaking with an offshore injury lawyer. Early recorded statements are one of the most common tools used to minimize maritime claims.
Your Deadline to File
Jones Act negligence and unseaworthiness claims must be filed within three years of the date of your injury. Maintenance and cure disputes have their own timelines. Longshore Act claims move faster: you generally must give your employer written notice within 30 days and file a claim within one year (33 U.S.C. §§ 912, 913). Do not wait. Maritime claims involve complex federal law, and building a strong case takes time.
Under Texas Civil Practice and Remedies Code Section 16.003, Texas personal injury claims carry a two-year deadline, but Jones Act claims operate under federal maritime law, which gives you three years. Platform workers’ claims against other companies can be governed by adjacent state law, including a shorter state deadline. A maritime lawyer can help you understand which deadline applies to you.
Talk to an Offshore Injury Lawyer Before You Accept Anything
Maritime injury law is one of the most specialized areas of personal injury practice. The Jones Act, the unseaworthiness doctrine, the Longshore Act, and maintenance and cure are federal remedies that require a lawyer who understands how they work and how employers and their insurers try to minimize them. Jason McLaurin worked in the insurance industry before he began representing injured people, so he has seen how those efforts work from the inside.
McLaurin Law handles offshore and maritime injury cases for workers along the Texas Gulf Coast. Call (713) 528-8012 or contact McLaurin Law for a free consultation to discuss your injury today.
Frequently Asked Questions About Offshore Injuries
1. Who qualifies as a seaman under the Jones Act?
To qualify as a Jones Act seaman, you generally need to spend at least 30 percent of your working time aboard a vessel in navigation and have duties that contribute to the vessel’s function or mission. In the Fifth Circuit, your connection to the vessel must also be substantial in nature, not just in time. Crews assigned to jack-up rigs, semi-submersibles, drillships, liftboats, and supply boats often qualify. Workers on fixed platforms generally do not. Whether you meet the definition in your specific situation is one of the first things a maritime lawyer will assess.
2. What is the difference between a Jones Act claim and an unseaworthiness claim?
A Jones Act claim is a negligence claim against your employer. It requires showing that your employer’s negligence played some role in your injury. An unseaworthiness claim is a strict liability claim against the vessel owner. It requires showing that the vessel, its equipment, or its crew was not reasonably fit for its intended purpose. Both claims can be pursued simultaneously and must be filed within three years of your injury.
3. What if my employer denies my maintenance and cure payments?
Your employer is legally required to pay maintenance and cure regardless of fault. If they delay, deny, or cut off those payments before you reach maximum medical improvement, that refusal is actionable under maritime law and can expose your employer to punitive damages and attorney’s fees if the refusal is willful. Document every medical visit and expense from the moment of your injury.
4. What if I was hurt on an offshore platform and I am not a seaman?
Workers injured on fixed platforms on the Outer Continental Shelf are generally covered by the Longshore Act through the Outer Continental Shelf Lands Act. You can receive compensation benefits from your employer and may be able to sue other companies whose negligence caused your injury, but those third-party claims may carry a shorter deadline than a Jones Act claim.
5. How long do I have to file a Jones Act claim in Texas?
You have three years from the date of your injury to file a Jones Act negligence or unseaworthiness claim. Different timelines may apply to other aspects of your case. Contact McLaurin Law as soon as possible after your injury to understand your specific deadline.