Losing a loved one is one of the most challenging experiences a person can face. The pain intensifies when that death happens suddenly and far from home, such as on an offshore rig, vessel, or platform in the Gulf of Mexico. For families in San Antonio, Texas, these tragedies raise urgent questions about accountability and financial stability. What are the legal options for families after offshore workplace fatalities?
My name is Mr. Bergmann, and as a San Antonio native, I understand the importance of clear, honest advice during times of crisis. Offshore accident law is complex because it involves a mix of state and federal laws, known as maritime law or admiralty law. The specific law that applies depends entirely on where the accident occurred and the type of work the deceased person was doing. Understanding these different legal paths is the first step toward seeking justice.
Maritime Law: Where State and Federal Rules Meet
When an accident happens offshore, Texas state law usually takes a backseat to federal maritime law. However, Texas’s proximity to the Gulf of Mexico means I must analyze a few key federal statutes to determine your family’s best course of action. These laws provide specific remedies for workers injured or killed at sea that traditional Texas workers’ compensation does not offer.
The Jones Act: Protecting Seamen and Their Families
The Jones Act (formally the Merchant Marine Act of 1920) is a critical piece of legislation for maritime workers. It applies to those workers who qualify as a “seaman,” meaning they contributed to the mission or operation of a vessel or a fleet of vessels on navigable waters and spent a significant amount of their work time aboard. Seamen often include deckhands, engineers, cooks, and roustabouts on ships, jack-up rigs, and mobile offshore drilling units.
If the death of a seaman was caused by the negligence of the employer, vessel owner, or a co-worker, the family can file a wrongful death lawsuit. The Jones Act allows recovery for a broader range of damages compared to standard workers’ compensation benefits. A successful claim requires showing the employer’s fault, even if that fault was small.
The Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) is a federal law that applies when a death is caused by a wrongful act, neglect, or default on the high seas—meaning the location is three nautical miles or more from the U.S. shore. DOHSA often applies to fatal accidents on drillships or deep-water oil rigs far out in the Gulf.
Under DOHSA, only certain relatives, including the spouse, children, and dependent parents, can recover financial losses. Crucially, DOHSA limits recovery to pecuniary damages, meaning purely economic losses. Compensation may include the deceased’s lost income, the value of lost household services, and funeral expenses. Unlike many other wrongful death claims, DOHSA does not allow recovery for non-economic damages like mental anguish or loss of companionship.
Longshore and Harbor Workers’ Compensation Act (LHWCA) and OCSLA
Not all offshore workers qualify as a “seaman” under the Jones Act. Workers who primarily work on fixed platforms, docks, piers, or terminals generally fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA). LHWCA is a federal workers’ compensation program that provides death benefits to the worker’s family without requiring proof of employer negligence.
The Outer Continental Shelf Lands Act (OCSLA) extends LHWCA coverage to certain employees working on the Outer Continental Shelf, primarily on permanent, fixed drilling platforms. If the LHWCA or DOHSA does not apply, the OCSLA may permit Texas’s state wrongful death law to be used, but this is a complex legal point that requires careful analysis of the facts.
The Role of Texas Wrongful Death and Survival Actions
In certain, limited circumstances, such as when the death occurred close to the shore, or when filing against a third party who is not the employer, Texas state law may also come into play. Texas Civil Practice and Remedies Code Title 4, Chapter 71 governs wrongful death and survival actions.
Texas Wrongful Death Claims
A Texas wrongful death claim permits the surviving spouse, children, and parents of the deceased to file a lawsuit. This claim seeks to recover compensation for the losses suffered by the family members themselves.
Some items that may be included in a successful wrongful death claim include:
- Lost earning capacity and financial support the deceased would have provided
- Loss of companionship, comfort, and society
- Mental anguish, emotional pain, and suffering
- Loss of inheritance
Survival Actions in Texas Law
A separate type of claim, called a survival action, may also be filed on behalf of the deceased person’s estate. The damages recovered in a survival action are meant to compensate for the losses the decedent suffered between the time of injury and the time of death. This can include the deceased’s medical expenses and pain and suffering before passing.
In Texas, you must generally file a wrongful death claim within two years of the date of death (Texas Civil Practice and Remedies Code § 16.003). Federal maritime laws like the Jones Act and DOHSA typically have a longer, three-year statute of limitations. Because these deadlines vary and are strict, you must seek legal guidance quickly to preserve your right to file a claim.
Third-Party Claims and Employer Accountability
In many offshore accidents, multiple companies may be at fault. Even if the immediate employer has workers’ compensation coverage, other parties might bear responsibility.
Potential “third parties” in a Texas maritime death claim could include:
- Subcontractors who acted negligently on the rig
- Equipment manufacturers whose defective machinery caused the accident
- Maintenance or inspection companies that failed to ensure safety
Filing a third-party claim is a distinct legal path that allows you to pursue full damages, including non-economic losses, from the responsible non-employer party. I always conduct a thorough investigation to identify every party that may have contributed to your loved one’s death.
My Commitment to San Antonio Families
I believe in providing you with the honest and trustworthy advice you deserve. My roots are deep in San Antonio; I was born, raised, and educated right here, graduating from the University of Texas A&M San Antonio and St. Mary’s Law School. I promise to work tirelessly on a strategy to ensure you receive the best results for your unique situation.
The laws governing offshore fatalities are among the most difficult to understand. I will take the time to clearly explain how the location of the accident, whether it was on a fixed platform, a ship, or three miles or more offshore, determines which law applies to your family’s claim.
If you are a San Antonio family grieving the loss of a loved one in an offshore workplace accident, please reach out. I offer a free consultation to discuss your situation, review the facts, and clearly outline the legal path forward for you.
Call Bergmann Law Firm, PLLC directly today at 210-759-4336.
