My husband was killed on a fixed offshore platform, not a vessel. Does our family have a claim?
Yes. Workers killed on fixed offshore platforms on the Outer Continental Shelf are covered by the Outer Continental Shelf Lands Act (OCSLA) and the LHWCA. Surviving family members can receive LHWCA death benefits and pursue third-party negligence claims against vessel owners, contractors, and equipment manufacturers whose negligence contributed to the death. The OCSLA may also allow direct negligence claims against the platform operator.
What is the statute of limitations for a maritime wrongful death claim?
Jones Act wrongful death claims: three years from the date of death. DOHSA claims: three years from the date of death. LHWCA death claims: one year from the date of death, with notification requirements. These deadlines are strictly enforced. Call immediately — do not wait.
The employer is offering our family a quick settlement. Should we accept it?
You should not accept any settlement without independent legal evaluation. Early settlements offered by maritime employers after a fatality are almost always calibrated to resolve the family’s claim at minimum cost to the company. The actuarial value of a young offshore worker’s lost earnings over a working lifetime, plus the family’s loss of society, frequently produces damages in the millions. The only way to know whether an offer is fair is to have it evaluated by an attorney who has handled these cases. The consultation is free and the evaluation is confidential.