Outer Continental Shelf Lands Act (OCSLA) Claims Lawyer

The Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.) is the federal statute that governs most offshore platform injuries in the Gulf of Mexico outside the three-nautical-mile state-water zone. OCSLA extends federal law to the OCS and borrows the law of the adjacent state (generally Louisiana for the central and eastern Gulf, Texas for the western Gulf) as surrogate federal law for issues not specifically addressed by federal statute. Understanding OCSLA is central to every offshore platform injury case. A Texas OCSLA lawyer at McFarlane Law navigates the intersection of OCSLA, Jones Act, LHWCA, and adjacent state tort law for injured Gulf platform workers.

When OCSLA Applies

OCSLA applies to fixed offshore platforms and artificial islands on the Outer Continental Shelf (generally beyond three nautical miles from state shores) that are used for exploration, development, or production of natural resources. OCSLA does NOT apply to vessels — including MODUs in navigation. A jack-up rig jacked up on the seabed, drilling an OCS well, can raise difficult issues about whether OCSLA or general maritime law applies, depending on operational status. Pipelines on the OCS are generally covered by OCSLA. Transportation between platforms by helicopter or boat typically falls outside OCSLA. The statute also includes its own workers’ comp scheme under 43 U.S.C. § 1333(b), extending LHWCA coverage to OCS workers.

Choice of State Law Under OCSLA

When OCSLA applies and no federal law addresses a specific issue, the court borrows the law of the adjacent state as surrogate federal law. “Adjacent state” is determined by the Secretary of the Interior’s administrative boundaries — roughly, Louisiana for central Gulf platforms and Texas for western Gulf platforms. This choice matters enormously: Louisiana has the strict Louisiana Oilfield Anti-Indemnity Act (LOAIA), unique comparative-fault rules, and different damages frameworks; Texas has the Texas Oilfield Anti-Indemnity Act (TOAIA), a different comparative-fault regime, and different tort principles. Anti-indemnity provisions frequently invalidate master service agreement indemnity provisions that would otherwise shift responsibility between contractors. McFarlane Law analyzes the choice-of-law question at intake for every OCSLA case.

LHWCA Coverage Extended to OCS Workers

OCSLA Section 1333(b) extends the Longshore and Harbor Workers’ Compensation Act to most OCS platform workers. This means injured platform workers receive LHWCA benefits from their employer — medical care, disability benefits, and death benefits for survivors — and retain the right to sue third parties whose negligence contributed. Third-party claims are particularly important in platform cases because multiple contractors routinely work on the same platform, and the injured worker’s direct employer is typically only one of several responsible parties. McFarlane Law secures LHWCA benefits through the federal OWCP process and simultaneously pursues the third-party civil case against operators, drillers, service companies, and equipment manufacturers.

Strategic Considerations in OCSLA Cases

OCSLA cases are filed in federal district court (typically the U.S. District Court for the Eastern District of Louisiana or the Southern District of Texas) or, in some circumstances, in state court. Venue, choice of law, and applicable defenses can vary significantly depending on the specific platform’s adjacent-state designation and the procedural posture of the case. Indemnity defenses are common — operators and drillers typically have indemnity agreements that they attempt to enforce against service contractors. Anti-indemnity statutes may invalidate these provisions. Insurance coverage disputes are almost universal. McFarlane Law manages each of these layers to achieve the best possible outcome for injured OCS workers and their families.

Related Practice Areas

Related: Texas oil platform accident lawyer, offshore contractor injury lawyer, Texas LHWCA lawyer, Texas oilfield accident lawyer. Hub: Texas offshore injury lawyer.

Talk to a Texas Injury Lawyer Today

If you were injured on a Gulf offshore platform covered by OCSLA, call McFarlane Law. Free case evaluation. Austin (512) 222-4900, Odessa (432) 803-5000.