The U.S. Bureau of Safety and Environmental Enforcement reported as many as 192 offshore injuries in 2025. Filing an oil rig accident lawsuit under maritime law is complex. It involves identifying the applicable law, meeting strict deadlines, and preserving evidence. The right legal strategy depends on the worker’s role and where the accident happened.
Understanding Maritime Law and How It Applies to Oil Rig Cases
Maritime law, or admiralty law, is federal law that governs accidents on navigable waters. Oil rig cases often fall under maritime law instead of, or in addition to, state personal injury law.
The main maritime laws for oil rig cases:
- The Jones Act (46 U.S.C. § 30104) allows seamen to sue their employer for negligence. Requires proving employer fault.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers federal workers’ compensation. It is for maritime workers who don’t qualify as seamen. Typically provides no-fault benefits.
- General maritime law applies common law principles, including the doctrine of unseaworthiness. The vessel and crew must be fit for work.
- The Death on the High Seas Act (DOHSA) offers wrongful death remedies for fatalities at least 3 nautical miles offshore.
Maritime law often allows for more serious damages than state workers’ comp. It includes unique remedies such as maintenance and cure. Read our article about oil rig injuries to learn more.
Do you know what “seamen” means? The Jones Act applies to seamen, or workers who spend a substantial portion of their time on a vessel in navigation.
How to File an Oil Rig Accident Lawsuit
Filing involves a series of steps to preserve evidence, meet deadlines, and build the strongest possible case.
- Get medical care. Immediate medical attention protects your health and creates a record of your injuries.
- Report the accident and notify your employer in writing as soon as possible. Many maritime claims require prompt reporting.
- Document everything, including the scene, injuries, equipment involved, and weather conditions. Save communications from your employer or insurer.
- Don’t sign anything. Employers and insurers often present documents quickly. Don’t sign waivers, settlements, or recorded statements before consulting a maritime attorney.
- Hire a maritime attorney. Oil rig cases involve complex federal law. A maritime attorney evaluates which laws apply.
- Your attorney determines the applicable law. Your attorney assesses whether you qualify as a seaman under the Jones Act, fall under LHWCA, or have a general maritime law claim. Many cases involve overlapping claims.
- File the complaint. Maritime cases may be filed in federal court (the traditional venue) or, in some cases, state court. Filing must occur within the applicable statute of limitations.
- Then, discovery and pretrial begin. Both sides exchange evidence, take depositions, and may file motions. Maritime cases often involve technical expert testimony.
- Finally, your case should end in a settlement or a trial. Most cases settle. If a fair settlement isn’t reached, the case proceeds to trial.
How Filing Deadlines Affect Your Claim
Different maritime laws have different filing deadlines. Missing one may permanently bar your claim.
Maritime Filing Deadlines at a Glance
| Type of Claim | Deadline |
|---|---|
| Jones Act lawsuit | 3 years from the date of injury |
| LHWCA claim | 1 year from the date of injury, or last benefit payment |
| General maritime law lawsuit | 3 years from the date of injury |
| Death on the High Seas Act (DOHSA) | 3 years from the date of death |
| State workers’ compensation | Varies, but often requires reporting within days |
| State personal injury (third party) | Typically 1–3 years, but varies by state |
Maritime deadlines may run from different dates depending on the claim type. The Jones Act runs from the date of injury. LHWCA may run from the date of injury or the date employer benefits stopped. Missing the deadline almost always bars the claim.
Notice Requirements
Some deadlines start from the date you notify your employer. Failing to provide timely notice can affect your claim even if you file the lawsuit on time.
Tolling
The courts may pause a deadline for abnormal conditions. Certain exceptions include minors, mental incapacity, or fraudulent concealment. Consult an attorney quickly to avoid losing your right to file.
What Damages You May Recover in an Offshore Accident Lawsuit
Maritime law allows injured workers to recover several types of damages. Some of these are unique to maritime law and oil rig accidents. We’ve helped oil rig workers recover economic damages, maintenance and cure, punitive damages, and more.
Economic Damages
Quantifiable financial losses have a clear value. They typically include medical expenses, lost wages, and earning capacity. Your personal injury claim could also include rehabilitation and therapy costs. An excellent attorney also knows how to build a case that includes out-of-pocket expenses, too.
Non-Economic Damages
Non-economic damages are harms without a clear dollar value, like pain and suffering. Other damages include mental anguish and disfigurement. You could even receive compensation for a loss of enjoyment of life.
Maintenance and Cure
“Maintenance and cure” is a maritime-specific remedy. This benefit covers daily living expenses and medical care. This is available until you, the injured worker, reach maximum medical improvement.
Wrongful Death Damages
If the worker dies, eligible family members may recover under DOHSA, the Jones Act, or general maritime law.
Punitive Damages
Punitive damages may be available in limited circumstances. An example is an employer who willfully refuses to provide maintenance and cure.
Common Questions About Oil Rig Maritime Cases
Who can file an oil rig accident lawsuit?
As an injured oil rig worker, you can file under various maritime laws. For example, seamen can sue their employer under the Jones Act. Other maritime workers may have LHWCA claims. All injured workers may file third-party claims against equipment manufacturers, contractors, or other negligent parties.
Did your loved one pass in an oil rig accident? You can file wrongful death claims under DOHSA, the Jones Act, or general maritime law.
How long does an oil rig accident case take?
There isn’t a set timeline for an oil rig accident case. For example, a “simple” case may close in less than 2 years. But a complicated case with multiple defendants could take up to 5 years.
What is maintenance and cure?
Maintenance and cure is a maritime-specific remedy. It covers an injured seaman’s daily living expenses and medical care until they reach maximum medical improvement. Maintenance and cure are available regardless of fault. The process begins when the injured person reports the injury.
What evidence do I need for a maritime injury case?
Any bit of evidence could help build your case. Examples include photographs, medical records, vessel and equipment maintenance logs, training records, safety inspection reports, and weather conditions. Maritime cases often involve technical expert testimony about vessel operations, equipment failure, and industry safety standards.
Where do I file an oil rig injury lawsuit?
You can file a maritime case through federal court or, in some cases, state court. The Jones Act allows seamen to choose between federal and state courts. LHWCA claims go through an administrative process before the U.S. Department of Labor.
Trust Our Oil Platform Accident Attorneys Today
Filing an oil rig case under maritime law requires legal experience and understanding. Our attorneys have studied the Jones Act, LHWCA, OCSLA, and general maritime law. We know the deadlines that apply. Our trial team handles maritime injury cases nationwide.
Oil rig workers are critical to our nation’s everyday production. You deserve legal representation that you can trust. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-06-25.
