Rigs in the Gulf Coast
Workers injured on Gulf of Mexico oil rigs are often unsure if their injuries and damages are covered under the Jones Act, General Maritime law, the Death on the High Seas Act, or the Longshoremen and Harbor Workers’ Compensation Act.
While the answer depends on a number of different factors, the first step is classifying the vessel where the injury occurred.
Offshore Oil Rigs & Coverage under the Jones Act
The Jones Act requires owners of vessels to pay damages to seamen injured, or to the families of seamen killed, due to crew negligence, dangerous working conditions or the unseaworthiness of their boat, ship or rig.
In order to be covered under the Jones Act, you must work on a “Jones Act vessel”. Over the years, the definition of what is and is not a vessel has evolved to include virtually any type of watercraft that is used, or capable of being used, as a means of transportation on the open sea.
In other words, to qualify as a “vessel” under the Jones Act, it must be capable of moving (and/or transporting crew) in navigable waters. If, on the other hand, the structure or rig is permanently attached to the sea floor (and, therefore, incapable of movement), it will not qualify as a “vessel” and the Jones Act will not apply.
The following are some of the various types of vessels currently operating in the Gulf of Mexico:
Jack-Up Drilling Rigs
Jack-up drilling rigs, also known as Mobile Offshore Drilling Units (MODUs), are suspended above the seafloor with adjustable legs that are used to keep the rig in place during drilling operations. Like semi-submersibles, jack-up rigs are designed to move from location to location and are capable of flotation.
Because these vessels are capable of movement, they almost always qualify as a “vessel” under the Jones Act.
Fixed Platforms
These rigs are permanently affixed to the bottom of the ocean on steel or concrete legs. The legs support a deck used for drilling rigs, production facilities and living quarters.
Because these structures are not capable of navigation or movement, they do not qualify as “vessels” under the Jones Act. As such, most platform injuries will be governed by the Outer Continental Shelfs Lands Act (OCSLA) or the negligence laws of the adjacent state.
Semi-Submersibles
Semi-submersible platforms are designed with hulls that permit the vessel to float on the water while remaining upright. Semi-submersibles may be moved from location to location and are either anchored in place or stabilized through the use of dynamic positioning technology.
Like Jack-Up rigs, they generally satisfy the definition of a “vessel” under the Jones Act.
Floating Production Systems
Floating production storage and offloading systems (FPSO’s) are large, single-hulled structures outfitted to process petroleum offshore.
FPSO’s do not actually drill for oil and gas. Instead, they’re moored to a specific location and supplied with petroleum.
Drillships
A drillship is a vessel that is fitted with drilling equipment for use offshore. These vessels, originally constructed by modifying tanker hulls, are often used for scientific or exploratory drilling. Many drillships are equipped with dynamic positioning technology to maintain position over the target well.
Most drillships will satisfy the definition of a “vessel” under the Jones Act.
Tension Leg Platforms
Tension leg platforms (TLP’s) are designed to float on water and are usually secured to the seafloor to minimize movement. The platform sits on top of four columns, looking similar in appearance to a semi-submersible.
In most cases, these platforms do not constitute a “vessel” under the Jones Act.
Spar Platforms
Spar platforms, usually attached to the seafloor with mooring lines, come in three main configurations: (1) “conventional” with a single hull design; (2) “cell spar” made up of numerous vertical cylinders; and (3) “truss spar,” which utilizes trusses to connect the buoyant “hard” tank hull above with the ballasted “soft” tank below.
Spar Platforms, like Fixed Platforms and Tension Leg Platforms, generally do not meet the definition of a “vessel” under the Jones Act.
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