FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions About Offshore Platform Accidents

What law applies to a worker injured or killed on a fixed offshore platform?

As a general proposition, the law of the adjacent state applies to accidents which occur on fixed offshore drilling and production platforms.

Does maritime law ever apply when a platform workers is injured or killed?

Sometimes. For example, maritime law will apply to a platform workers accident if the platform worker was engaged in a maritime-related activity at the time of his accident, such as working on the back deck of a boat unloading equipment or supplies.

Can an offshore worker sue his employer for negligence and recover damages for items like pain and suffering, mental anguish, or loss of enjoyment of life?

Usually not. However, a lawsuit for damages can be filed against any other company or person—other than a platform worker’s employer—who maybe responsible for his injuries or death.

Does a platform worker have any rights against his employer if he is hurt or killed at work?

Yes, he does. If the fixed platform is located within the territorial waters of aparticular state, the injured or killed platform worker is entitled to be paid benefits by his employer under the state workers’ compensation statute where the platform is located. If, on the other hand, the fixed platform is located in federal waters—on the Outer Continental Shelf—the injured or killed platform worker is entitled to be paid benefits by his employer under the Longshore and Harbor Workers’ Compensation Act. See the Chart below.

TYPE BENEFIT	STATE (Statutory)	LONGSHORE (USL&H)
Compensation Rate	66 2/3 % of AWW subject to max. & min. comp. rate	66 2/3 % of AWW subject to max. & min. comp. rate
Determination of AWW (Average Weekly Salary)	4 weeks gross earnings (prior to accident date; includes overtime)	52 weeks gross earnings for a substantial part of the year (prior to accident date; includes overtime)
Minimum Weekly Compensation Rate	As of 9-1-05 $117.00/week (tax free)	As of 10-1-05$268.41/week (tax free)
Maximum Weekly Compensation Rate	As of 9-1-01 $438.00/week (tax free)	As of 10-1-05 $1,073.64/week (tax free)

Waiting Period	7 days (payable after 6 weeks of disability)	3 days (payable after 14 days of disability)
Scheduled Member (Permanent Partial Disability)	Payable as per schedule when any disability rating given-credit for TTD	Payable as per schedule when any disability rating is given - no credit for TTD
Loss of Wages Due to Inability to Resume Full Duty Work	Supplemental earnings benefits (SEB) [if new earnings are less than 90% of old AWW]: payable up to 520 weeks with credit for temporary total disability benefits (TTD) previously paid	Loss of wage earning capacity (LWEC): payable for the duration of the loss of earning capacity (no limit, no threshold)
Permanent and Total	Lifetime benefits - no escalation	Lifetime benefits - 5% escalation

DEATH BENEFITS
1. Widow/Widower	32 1/2 % of AWW - no escalation	50% of AWW with 5% annual escalation
2. Widow & One Child	46 1/4 % of AWW - no escalation	66 2/3 % of AWW with 5% annual escalation
3. Widow & Two Children	65% of AWW - no escalation	Same as above
4. Surviving Parents	$75,000.00 each	Based on proof of dependency at time of death
5. No Dependents	Nothing paid	$5,000.00 payable to the special fund
BURIAL BENEFIT	$7,500.00 (effective 8-15-01)	$3,000.00
BARS TO BENEFITS	Alcohol and drug intoxication, or if the employee refuses a drug or alcohol screen (only if employer has a written drug policy)	Alcohol and drug intoxication has to be the sole cause of the accident, with or without a written drug policy

How much time do I have to file a claim?

Usually, one year, unless the injured worker is receiving benefits under the Longshore and Harbor Worker’s Compensation Act, then it could be longer.