Are offshore oil workers protected under Jones Act Law?

The Deepwater Horizon explosion on April 20 brought national attention to the many dangers that face those seamen who work on off shore oil drilling rigs.

The Merchant Marine Act, or Jones Act, which requires the owners of Jones Act vessels to pay damages to injured seamen or to the families of seamen who are killed because of unsafe working conditions or due to the unseaworthiness of vessel to which they are assigned. However, determining if an offshore rig qualifies as a Jones Act vessel can be tricky.

There are many types of oil rigs. The laws that cover oil rig workers depend on the type of oil rig on which they are working. If you were injured while working on an oil rig, you may want to know whether or not you have a Jones Act claim. So, if you were injured while working on an oil rig, it is important to know what type of rig you were working on.

A Jones Act vessel is generally defined as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”

Of course, oil rigs are not used as transportation, but some are capable of moving on water. Employees on floating oil rigs or jack up rigs may be covered under the Jones Act because they are considered employees on a seagoing vessel. This is the specific type of worker that the Jones Act was originally designed to cover.

However, if an offshore drilling rig is permanently affixed to the ocean floor, the Jones Act may not apply. Workers on stationary oil rigs are covered by the Longshoreman and Harbor Workers Compensation Act, or LHWCA. This law covers maritime workers who are working on or around the water, but who are not employees on a Jones Act vessel.

If you have been injured while working in the offshore oil industry, contact the maritime law attorneys at The Young Firm. We can figure out which laws apply to your injury and we’ll help you get the compensation you need and deserve. Call our New Orleans office at 1-866-938-6113 to schedule a free consultation with a Jones Act lawyer or to request a FREE copy of our Employees Guide to Maritime Injury Law.

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