Offshore Accident Calculator
Estimate potential compensation for offshore oil rig, platform, and maritime vessel injuries under Jones Act, OCSLA, and general maritime law.
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About This Calculator
Offshore accidents involving oil rigs, drilling platforms, and maritime vessels are among the most devastating workplace injuries, often resulting in catastrophic injuries or death. Unlike typical workplace injuries covered by workers' compensation, offshore workers may have special legal protections under federal maritime law that allow for full damage recovery including pain and suffering.
Laws That May Apply to Your Injury:
- Jones Act: Provides seamen the right to sue employers for negligence
- OCSLA (Outer Continental Shelf Lands Act): Covers workers on fixed platforms on the outer continental shelf
- General Maritime Law: Provides remedies for injuries on navigable waters
- Longshore and Harbor Workers' Compensation Act: For certain maritime workers
What Makes Offshore Cases Different:
- No workers' compensation immunity - you can sue the employer directly
- "Maintenance and cure" benefits owed regardless of fault
- Full damages available including pain and suffering
- Complex jurisdictional issues requiring specialized attorneys
Common Offshore Injuries:
- Explosions and fires (blowouts)
- Falling objects and crane accidents
- Slip and fall accidents
- Toxic exposure (H2S, benzene)
- Helicopter transportation accidents
- Drowning and man overboard incidents
This calculator provides estimates for offshore accident settlements. For land-based workplace injuries, see our Workers' Comp Calculator. For general injury claims, visit our Lawsuit Settlement Calculator.
How to Use the Offshore Accident Calculator
- 1Enter your annual wage including overtime, bonuses, and benefits.
- 2Input the number of years remaining until your expected retirement.
- 3Enter all medical expenses incurred to date from the injury.
- 4Estimate future medical costs for ongoing treatment and rehabilitation.
- 5Enter your permanent disability percentage if applicable.
- 6Estimate the employer's percentage of negligence in causing the accident.
- 7Select your injury severity classification.
- 8Choose which maritime law applies to your situation.
- 9Check if the vessel or equipment was unseaworthy (defective).
- 10Review the estimated compensation range including maintenance and cure.
Understanding the Jones Act
The Jones Act is the primary law protecting seamen injured on vessels.
Who Qualifies as a Jones Act Seaman?
To qualify, you must:
- Work on a vessel in navigation
- Contribute to the vessel's function or mission
- Have a substantial connection to the vessel (typically 30%+ of work time)
| Job Title | Usually Qualifies? |
|---|---|
| Deckhand | Yes |
| Captain/Pilot | Yes |
| Marine Engineer | Yes |
| Offshore Platform Worker | Sometimes |
| Longshoreman | No (LHWCA instead) |
Jones Act Rights
Negligence Claims:
- Employer must provide reasonably safe workplace
- Safe equipment and adequate training
- Sufficient crew (no understaffing)
- Only need to prove employer was partially at fault
Unseaworthiness Claims:
- Vessel must be fit for its intended purpose
- Equipment must be in good working order
- Strict liability - no negligence required
Maintenance and Cure:
- Daily living expenses during recovery
- All reasonable medical expenses
- Owed regardless of fault
- Continues until maximum medical improvement
OCSLA and Fixed Platform Workers
The Outer Continental Shelf Lands Act (OCSLA) provides coverage for workers on fixed platforms.
When OCSLA Applies
OCSLA covers injuries:
- On the Outer Continental Shelf (beyond state waters)
- On fixed platforms, not floating vessels
- That occur during the exploration or production of minerals
OCSLA vs. Jones Act
| Feature | Jones Act | OCSLA |
|---|---|---|
| Platform Type | Floating/movable | Fixed |
| Location | Navigable waters | Outer Continental Shelf |
| Legal Basis | Maritime law | Federal law applying state law |
| Maintenance & Cure | Yes | No |
| Negligence Required | Yes (any amount) | Depends on state law |
State Law Under OCSLA
OCSLA "borrows" the law of the adjacent state:
- Texas law for platforms off Texas coast
- Louisiana law for platforms off Louisiana coast
- State workers' comp laws may apply
- State tort law fills gaps
Common OCSLA Claims
- Platform structural failures
- Crane and lifting accidents
- Chemical exposure
- Diving operation injuries
- Helicopter transport accidents
Maintenance and Cure Benefits
Maintenance and cure is a unique maritime benefit providing support during recovery.
What is Maintenance?
Daily living expense payment covering:
- Rent or mortgage
- Utilities
- Food
- Basic necessities
Typical Rates: $30-$65 per day depending on location
What is Cure?
Payment of all reasonable medical expenses:
- Doctor visits
- Surgery
- Physical therapy
- Medications
- Medical equipment
- Travel to appointments
Key Rules
| Rule | Explanation |
|---|---|
| Regardless of Fault | Owed even if injury was your own fault |
| Until MMI | Continues until Maximum Medical Improvement |
| No Cap | No dollar limit on medical expenses |
| Cannot be Waived | Contractual waivers are void |
| Willful Failure | Extra damages for denying valid claims |
When Maintenance and Cure Ends
- You reach maximum medical improvement
- You return to work
- You refuse reasonable medical treatment
- The injury is deemed unrelated to work
Penalties for Wrongful Denial
If employer wrongfully denies maintenance and cure:
- Full amount owed plus interest
- Compensatory damages
- Punitive damages possible
- Attorney fees in some cases
Types of Damages in Offshore Cases
Offshore injury victims may recover various types of damages not available in workers' comp cases.
Economic Damages
Past Lost Wages:
- Wages lost from injury to present
- Includes overtime you would have worked
- Benefits and bonuses included
Future Lost Wages:
- Projected earnings through retirement
- Consider wage increases over time
- Reduced by present value calculation
Medical Expenses:
- All past medical bills
- Future medical care costs
- Life care plans for catastrophic injuries
Loss of Earning Capacity:
- Reduced ability to earn in the future
- Based on disability percentage
- May exceed actual lost wages
Non-Economic Damages
Pain and Suffering:
- Physical pain experienced
- Duration and intensity considered
- No fixed formula
Mental Anguish:
- Emotional distress
- Anxiety and depression
- PTSD symptoms
Loss of Enjoyment of Life:
- Activities you can no longer do
- Hobbies and recreation
- Quality of life reduction
Punitive Damages
Available in cases of:
- Gross negligence
- Willful misconduct
- Intentional safety violations
- Pattern of ignoring known hazards
Common Offshore Accident Causes
Understanding accident causes helps identify liable parties and prove negligence.
Equipment Failures
| Equipment | Common Issues |
|---|---|
| Cranes | Mechanical failure, operator error |
| Drilling Equipment | Blowout prevention failure |
| Safety Systems | Non-functional alarms, defective PPE |
| Rigging/Lifting | Worn cables, improper securing |
Human Error and Negligence
Employer Negligence:
- Inadequate training
- Failure to maintain equipment
- Understaffing
- Ignoring safety protocols
- Rushing operations (weather windows)
Third-Party Negligence:
- Equipment manufacturers (defective products)
- Service companies
- Vessel owners vs. operators
Environmental Factors
- Severe weather operations
- Sea state conditions
- Visibility issues
- Night operations
- Extreme temperatures
Regulatory Violations
- BSEE (Bureau of Safety and Environmental Enforcement) violations
- Coast Guard violations
- OSHA violations (where applicable)
- API standard violations
Evidence to Preserve:
- Incident reports
- Safety meeting records
- Equipment maintenance logs
- Weather reports
- Witness statements
- Drug/alcohol test results
Calculating Offshore Injury Settlements
Settlement values in offshore cases depend on multiple factors.
Factors Increasing Settlement Value
| Factor | Impact |
|---|---|
| Catastrophic injury | Significantly higher |
| Clear employer negligence | Strong case |
| Unseaworthiness proven | Additional claim |
| Multiple defendants | More insurance available |
| Young worker | More future losses |
| High pre-injury wages | Higher economic damages |
| Documented safety violations | Punitive damages possible |
Factors Decreasing Settlement Value
| Factor | Impact |
|---|---|
| Comparative negligence | Reduces by your fault % |
| Pre-existing conditions | May reduce damages |
| Gaps in medical treatment | Questions causation |
| Prior injuries | Attribution challenges |
| Unreasonable treatment refusal | May limit cure benefits |
Settlement Ranges by Injury Type
| Injury | Typical Range |
|---|---|
| Wrongful Death | $1M - $10M+ |
| Severe Burns | $1M - $5M |
| Amputation | $1M - $4M |
| Spinal Cord Injury | $2M - $15M |
| Traumatic Brain Injury | $1M - $10M |
| Multiple Fractures | $200K - $1M |
| Soft Tissue | $50K - $300K |
Note: These are general ranges. Actual values depend on specific facts.
Pro Tips
- 💡Report the injury to your employer immediately - delay can hurt your claim.
- 💡Seek medical attention right away and follow all treatment recommendations.
- 💡Document everything: photos, witness names, equipment involved, weather conditions.
- 💡Do not give recorded statements to company representatives without legal counsel.
- 💡Keep all medical records, bills, and receipts related to the injury.
- 💡Request copies of incident reports, safety records, and maintenance logs.
- 💡Do not sign any settlement or release documents without attorney review.
- 💡Contact a maritime attorney before accepting any settlement offer.
- 💡Continue requesting maintenance and cure payments in writing.
- 💡Note any safety violations or equipment problems that contributed to the accident.
- 💡Keep a journal documenting your pain levels and limitations daily.
- 💡Preserve all communications with your employer about the incident.
Frequently Asked Questions
You may qualify if you: (1) work on a vessel in navigation, (2) contribute to the function of the vessel or its mission, and (3) have a substantial connection to the vessel (typically spending 30% or more of your work time aboard). Platform workers on floating rigs may qualify, but fixed platform workers generally do not.
