Losing someone you love in an offshore accident can upend your whole life in an instant. One day, your spouse, parent or child is heading out to a rig or vessel for another hitch. Then comes the phone call that changes everything. There has been an explosion, a fire, a fall or some other serious accident, and they’re not coming home.
The days that follow can be absolutely overwhelming. Not only are you left to process a sudden and unimaginable loss, but you’re likely inundated with paperwork, company representatives and questions you’re not prepared to answer. You may also be wondering whether you have any legal options to ease the financial burden.
Offshore death cases are different from most other wrongful death claims. The legal situation may be different depending on where the accident happened, the type of work your loved one performed and whether a vessel, platform or other offshore structure was involved. Federal maritime statutes may come into play as well, and the same case can sometimes be subject to multiple laws.
With everything on your plate, it can be hard to see a path forward. Haney Paschal & Romoser can help. We’ve spent decades representing East Texas families just like yours, and we’re here to put that experience to work for you. If you’ve lost a loved one in an offshore accident or explosion, knowing your rights — and how to protect them — can make all the difference.
The Unique Challenges of Offshore Death Cases
Most personal injury and wrongful death cases in Texas are governed by state statutes, making the legal situation relatively clear-cut. Fatal offshore accidents are different. Depending on where the accident occurred, a case may fall under federal maritime law, the Jones Act, the Longshore and Harbor Workers’ Compensation Act or other laws that don’t normally apply to accidents on land.
That distinction matters.
Different laws can affect who has the right to bring a claim, who can be held responsible and what types of compensation may be available. Applying the wrong law, filing in the wrong court or missing the applicable deadline can weaken or entirely invalidate an otherwise strong claim.
In some cases, multiple laws may apply simultaneously. One of the first things an attorney handling an offshore death case needs to do is determine exactly where the accident happened, what your loved one’s job involved and which companies or parties may have been responsible.
Common Causes of Fatal Offshore Accidents
From roustabouts to roughnecks and drillers to deckhands, offshore workers do some of the deadliest jobs in the world. When something goes wrong, the consequences are often devastating.
Blowouts — violent, uncontrolled releases of oil or gas — are extremely destructive and often deadly. So, too, are fires and explosions caused by flammable materials, faulty equipment, electrical problems or unsafe maintenance procedures. Oxygen deprivation and hydrogen sulfide exposure are also grave threats for those working in enclosed spaces.
Falls are another serious concern. Fatal injuries are common after falls from platforms, cranes, stairways and other elevated areas, and the risk is especially high when poor weather, inadequate lighting or unsafe working conditions are involved.
Even before the job starts, offshore workers face a variety of dangers. Helicopter crashes, accidents during boat transfers and other transportation-related incidents account for a high percentage of offshore deaths. Other potentially fatal hazards include shifting loads, snapped cables and catastrophic equipment malfunctions.
Look beyond these primary causes, however, and you’ll often find contributing circumstances — an inspection skipped, a repair delayed, a known safety hazard ignored. These details can be crucial in determining why an accident occurred and who may have been at fault.
Which Laws Might Apply to Your Case?
The legal situation surrounding a fatal offshore accident can be murky, involving questions over jurisdiction, work status, job duties and more. Depending on the exact circumstances, any of the following laws may apply.
The Jones Act
To file a claim under the Jones Act, your loved one has to qualify as a “seaman.” This designation requires meeting a two-part legal test. First, they must have spent at least 30% of their working time aboard a vessel that is not retired or permanently moored. Second, their work must have actively contributed to the vessel’s function, operation or mission.
The Jones Act covers certain claims in which an employer’s negligence contributed to a worker’s death. That negligence might involve inadequate training, unsafe procedures, defective equipment, understaffing or a failure to provide a reasonably safe place to work.
This statute also allows family members to pursue a survival claim, which seeks compensation for pain, suffering and medical expenses experienced between the time of injury and the time of death.
The Longshore and Harbor Workers’ Compensation Act
In some ways, the Longshore and Harbor Workers’ Compensation Act (LHWCA) is the counterpoint to the Jones Act. It applies to most maritime employees who aren’t classified as seamen, such as longshoremen, crane operators, equipment handlers and construction and maintenance workers.
It works similarly to a traditional workers’ compensation system. It provides death benefits to eligible survivors regardless of fault, but it also limits what a family can recover directly from the employer. An LHWCA claim can be filed by a worker’s spouse or children, as well as certain other dependent family members.
The Outer Continental Shelf Lands Act
Rather than introducing new statutes, the Outer Continental Shelf Lands Act (OCSLA) serves as an extension of existing LHWCA benefits. It covers non-seamen working on oil rigs, drilling platforms, wind turbines, dry docks and other installations anywhere on the Outer Continental Shelf.
The Death on the High Seas Act
Unlike the previous laws, the Death on the High Seas Act (DOHSA) isn’t limited to specific structures or activities. Instead, it may apply to any wrongful death that occurs more than three miles from the U.S. coastline.
However, compensation is strictly limited to measurable economic losses. This typically includes things like lost earnings and final expenses paid by the family. Non-pecuniary damages, such as emotional distress, medical expenses and pain and suffering, aren’t eligible for recovery.
General Maritime Law
Separate from these statutes, general maritime law may apply in any accident involving an unseaworthy vessel. A ship can be deemed unseaworthy for many reasons, including an inadequate or poorly trained crew, unsafe working conditions, lack of maintenance, improper cargo storage or defective equipment.
Maritime law may also support a survival claim in certain cases. This allows recovery for damages caused by pain and suffering experienced before death.
Texas Wrongful Death Law
In accidents that occur close to shore or on structures not clearly covered by federal maritime law, state statutes may come into play as well. In particular, Texas law offers two types of claims: wrongful death and survival action. The former covers losses sustained by surviving family members, while the latter seeks recovery for damages suffered by the deceased.
The important thing to understand is that there’s no one-size-fits-all answer. That’s why determining which laws apply is one of the first and most important steps in an offshore death case.
Who Can File a Claim?
After a fatal accident, one of the key questions for surviving family members is, “Do I have the right to file a claim?” The answer isn’t always straightforward, and it depends heavily on the specific circumstances and applicable laws.
Broadly speaking, the right to file a wrongful death suit follows a well-established hierarchy. If the decedent has a surviving spouse or children, they are the primary beneficiaries. Otherwise, the right to seek compensation falls to the parents. Failing that, siblings and grandparents may be able to file certain claims if they can prove financial dependence.
The Longshore and Harbor Workers’ Compensation Act works differently. Rather than filing a traditional wrongful death lawsuit against an employer, eligible family members may seek death benefits through the compensation system.
To make things more confusing, even eligible beneficiaries can’t always file claims directly. Under the Jones Act, wrongful death lawsuits must formally be filed on the family’s behalf by the estate’s personal representative.
That’s why it’s wise to speak with an attorney right away. Knowing who’s eligible to file a claim — and how to do it properly — can save a lot of trouble later on.
What Compensation May Be Available?
The truth is that no amount of compensation can replace the person you lost. A legal claim can never undo what happened. But it can help you deal with the financial consequences of that loss, alleviating a major source of stress and uncertainty.
Depending on the circumstances and the laws involved, recovery may include:
- Loss of the financial support your loved one would have provided
- Loss of household services, such as childcare, maintenance or other contributions
- Loss of care, guidance or companionship
- Pre-death medical expenses
- Funeral and burial costs
- Compensation for conscious pain and suffering before death
- Punitive damages related to unseaworthiness
The types of damages available can vary significantly from one accident to another. Before accepting an employer’s or insurance company’s explanation of what your family can recover, it’s worth having someone independently evaluate the case.
The Investigation Starts Right Away
After a fatal offshore accident, the company involved will often begin its own investigation almost immediately.
That doesn’t necessarily mean the company is doing anything wrong. However, you should understand that the company’s investigation is generally intended to protect the company’s interests.
At the same time, important evidence can disappear.
Damaged equipment may be repaired or replaced. Records can become more difficult to locate. Witnesses may return to work or move on to other jobs. Information from onboard systems, inspections and other sources may not remain available forever.
That is why acting early can be important.
An attorney can take steps to preserve evidence, request relevant documents and begin an independent investigation before critical information is lost.
What To Do and What To Avoid in the Days Afterward
The days after a fatal accident can be disorienting. You may be asked to sign various documents, provide a recorded statement or even discuss an early settlement. It’s easy to get swept up and make important decisions without fully considering the ramifications.
Before rushing into anything, consider taking a few simple, common-sense steps to protect yourself:
- Talk to an attorney before giving any recorded statements to the company or its insurer.
- Be wary of accepting an early settlement before you understand the full value of any potential claim.
- Keep copies of everything, including paperwork, correspondence, incident reports and benefit information.
- If your loved one’s personal effects are returned to you, keep them in a safe place. They may be relevant to an investigation.
This isn’t about being difficult or assuming anyone is acting in bad faith. It’s simply about preserving your family’s rights while you still have options. Some decisions can’t be undone, and ensuring you have all the necessary facts and support before taking action can help you avoid mistakes and maximize your potential recovery.
You May Have Claims Against More Than One Company
Offshore operations can be enormously complex, involving multiple companies across many different industries. This may include vessel and platform owners, drilling contractors, maintenance companies, equipment manufacturers, subcontractors and more.
Your loved one’s direct employer may be only one part of a much larger operation. Depending on what caused the accident, other parties may share some of the responsibility.
For example, a defective piece of equipment could raise questions about the manufacturer. An accident caused by shoddy work from another contractor might lead to a separate claim. Problems involving the condition or operation of a vessel may warrant another suit under a different statute.
The full scope of responsibility isn’t always obvious, especially in the days immediately following an accident. A thorough investigation is essential to identify all the parties that may share liability.
Don’t Wait Too Long To Take Action
After a devastating loss, the idea of dealing with a potentially complex legal case can feel overwhelming. Unfortunately, you may not have as long as you think to file a wrongful death suit.
Many of the laws governing fatal offshore accidents have a three-year filing deadline for wrongful death claims, but not all. One notable exception is the Longshore and Harbor Workers’ Compensation Act (LHWCA), which requires providing a written notice of death to the employer within 30 days and submitting a formal Claim for Death Benefits within one year.
Even when it appears you have plenty of time, waiting can create unexpected complications. Building an offshore death case may require obtaining records, locating witnesses, preserving physical evidence and working with maritime, engineering or safety experts.
The longer you wait, the greater the risk that crucial evidence may be lost.
Why Local Representation Matters
Offshore work is part of life for many families in Walker County and across East Texas. People travel to the Gulf for weeks at a time, and the work they do helps support their families back home. When something goes wrong, the effects are felt far beyond the rig, platform or vessel where the accident occurred.
Haney Paschal & Romoser has extensive experience handling maritime and offshore cases, and our attorneys are well-equipped to navigate the legal complexities involved. Just as importantly, we understand that behind every case is a family trying to figure out what comes next.
If your family has lost someone in an offshore accident or explosion, speaking with an attorney can help you understand your options and protect your legal rights. Schedule a consultation today to discuss your situation and learn what steps may be available to get the compensation you deserve.