Key Takeaways

• Employers can be held responsible for offshore accidents when negligence, unsafe equipment, or poor safety practices contribute to the injury.
• Many offshore workers qualify as seamen under the Jones Act, which allows them to sue their employer for negligence and recover broader compensation than workers’ comp.
• Injured seamen are entitled to maintenance and cure, regardless of who was at fault.
• Workers who are not classified as seamen may still be covered under maritime laws like the LHWCA or Louisiana workers’ compensation.
• Common causes of offshore accidents include equipment failures, slippery decks, fires/explosions, falls from heights, and unsafe vessel conditions.

Offshore work along the Gulf Coast is dangerous. Whether you are on a rig, platform, vessel, or support barge, a single mistake can lead to life-changing injuries. When that happens, one of the first questions workers ask is: “Is my employer responsible for what happened to me?”

The answer depends on your job status, where you were working, and how the accident occurred. This guide breaks down when an employer may be responsible and what options injured offshore workers may have.

When Can an Employer Be Held Responsible?

In many offshore cases, an employer can be held responsible when negligence plays a role in the accident. Examples include:

• Failing to maintain or repair equipment
• Ignoring safety rules or industry standards
• Not providing proper training or supervision
• Forcing workers to rush, cut corners, or work in unsafe conditions
• Understaffing crews or assigning too many tasks to too few people

If your injury was caused by unsafe practices, defective equipment, or poor decisions by management, your employer may be legally responsible for your losses. You can read more about how these cases work on the firm’s Maritime Injury & Offshore Accident page.

The Jones Act and Injured Seamen

Many offshore workers qualify as “seamen” under the Jones Act, a federal maritime law that gives injured workers the right to sue their employer for negligence.

You may be considered a seaman if you:

• Spend a significant portion of your work time on a vessel or fleet of vessels
• Contribute to the vessel’s mission or operation
• Work on crew boats, supply vessels, drilling ships, tugboats, barges, or similar craft

If you qualify, you may be able to bring a Jones Act claim against your employer and seek compensation for:

• Medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Permanent disability or disfigurement

The Jones Act offers stronger rights than traditional land-based workers’ compensation, but these cases can be complex. The lawyers at Brandt & Sherman have significant experience handling offshore accident claims and can help you understand whether the Jones Act applies to you.

Unseaworthiness and Unsafe Vessels

In addition to Jones Act negligence, maritime law requires that vessels be “seaworthy,” meaning reasonably safe and properly equipped.

A vessel may be considered unseaworthy if there are:

• Broken or defective tools or machinery
• Slippery or cluttered decks
• Unsafe ladders, stairs, or railings
• Missing safety gear or life-saving equipment
• Inadequate crew or improper training

If an unseaworthy condition on the vessel contributed to your injury, you may have an additional claim against the vessel owner. In many cases, the employer and the vessel owner are the same company.

Maintenance and Cure: Basic Benefits for Injured Seamen

Injured seamen are entitled to maintenance and cure, regardless of who was at fault:

• Maintenance covers your basic living expenses while you are unable to work offshore.
• Cure covers reasonable and necessary medical treatment until you reach maximum medical improvement.

If your employer or the insurance company refuses to pay these benefits, delays payments, or cuts you off too soon, they may be violating maritime law.

What If You Are Not a Seaman?

Not everyone working offshore counts as a seaman under the Jones Act. Some workers are covered instead by:

• The Longshore and Harbor Workers’ Compensation Act (LHWCA)
• Louisiana workers’ compensation law (in certain situations)

These laws may apply to:

• Dock and harbor workers
• Shipyard and repair workers
• Some offshore contractors and support personnel

If your offshore job functions more like land-based work connected to maritime operations, workers’ compensation rules may come into play. The firm’s Workers’ Compensation page explains more about how those claims work in Louisiana.

Common Causes of Offshore Accidents Linked to Employer Negligence

Employer decisions often contribute to offshore accidents, including:

• Equipment failures from poor maintenance
• Falls from heights on ladders, stairs, or platforms
• Fires and explosions from improper handling of fuel or chemicals
• Slip and falls on oily, wet, or cluttered decks
• Being struck by swinging or falling loads
• Heavy lifting injuries and overexertion
• Unsafe transfers between vessels or between a vessel and a platform

These incidents can result in serious injuries such as burns, traumatic brain injuries, and severe neck and back injuries. For more information about long-term back and spine issues, visit the firm’s Neck & Back Injury page.

Frequently Asked Questions

Is my employer automatically responsible for my offshore injury?

No. Your employer is not automatically responsible, but they can be held liable if negligence, unseaworthiness, or a violation of their maritime duties contributed to your injury. Even when fault is disputed, you may still be entitled to maintenance and cure.

Can I sue my employer for an offshore accident?

If you qualify as a seaman under the Jones Act, you may sue your employer directly for negligence. Other offshore workers may have claims under different maritime or workers’ compensation laws.

What if my employer claims I am not a seaman?

Employers and insurers often try to argue that an injured worker is not a seaman to limit their rights. An experienced offshore accident lawyer can review your job duties and time at sea to determine which laws apply.

What compensation can I recover?

Depending on your status and the facts of your case, you may be able to recover compensation for medical bills, lost wages, loss of future earning capacity, pain and suffering, disability, and other losses. In fatal cases, families may also have a wrongful death claim.

Injured in an Offshore Accident? Brandt & Sherman Can Help.

Offshore accidents are complicated, and employers and insurers often move quickly to protect themselves. Contact Brandt & Sherman for a free consultation. The firm fights for real people who need real help and has experience navigating the complex laws that apply to offshore and maritime injuries.y for a free consultation. We will review your case, explain your legal options, and fight to get you the compensation you deserve.