Every day, thousands of oil and gas workers in the Gulf of Mexico begin their shift not with a commute on land, but with a helicopter flight over open water. These flights — transporting crews to drilling rigs, production platforms, and offshore installations across Louisiana, Texas, Mississippi, and Alabama waters — are routine. But they’re also dangerous.
If your loved one was killed or injured in an offshore helicopter accident, the location of that crash — measured in nautical miles from shore — will determine your legal rights and what compensation your family can recover. A crash two miles offshore follows completely different laws than one five miles out or fifteen miles out. Understanding these distinctions is critical.
At Lewis, Kullman, Sterbcow & Abramson (LKSA), we are one of the few law firms with deep expertise in both aviation accident law AND maritime law. This combination is essential for offshore helicopter cases, where federal aviation regulations intersect with complex maritime statutes like the Death on the High Seas Act (DOHSA) and the Outer Continental Shelf Lands Act (OCSLA). You can learn more about our overall approach on our main Helicopter Accident Attorneys page.
The Dangerous Reality of Offshore Helicopter Transport
The statistics are sobering:
These aren’t just statistics. They represent spouses, parents, children, and siblings who were simply trying to get to work.
What Makes Offshore Helicopter Cases Uniquely Complex?
Unlike typical aviation accidents or even land-based helicopter crashes, offshore cases involve a maze of overlapping laws:
The Jurisdictional Problem
Federal vs. State: Whether federal or state law applies depends on the distance from shore, measured in nautical miles.
Maritime vs. Aviation: Offshore helicopter crashes exist at the intersection of two complex bodies of law that most attorneys don’t understand.
Multiple Potentially Applicable Laws:
Why Dual Expertise is Essential
You need attorneys who can:
LKSA is one of the few firms with proven expertise in both areas.
Quick Reference: Offshore Helicopter Accident Jurisdiction
Bottom line: Where your loved one’s helicopter went down determines whether your family can recover millions or only a fraction of that amount.
Understanding the Death on the High Seas Act (DOHSA)
DOHSA is a federal law passed in 1920 that governs wrongful death claims for accidents occurring on the “high seas” — beyond U.S. territorial waters.
When DOHSA Applies
Original rule (still applies to most vessels and non-commercial aviation):
Commercial aviation exception (2000 amendment after TWA Flight 800):
How DOHSA Limits Your Recovery
Under DOHSA, families can recover only “pecuniary losses” — quantifiable economic damages:
Recoverable under DOHSA:
NOT recoverable under DOHSA:
The practical impact: Under DOHSA, a family might recover $500,000 in economic damages when the same case under state law could result in $2-3 million including non-economic damages.
This is why determining jurisdiction is so critical — and why companies fight aggressively to have DOHSA apply instead of state law.
The Outer Continental Shelf Lands Act (OCSLA)
OCSLA is a federal law that extends the laws of the adjacent state (e.g., Louisiana, Texas) to activities on the Outer Continental Shelf — the submerged lands beyond state territorial waters, starting at 3 nautical miles offshore.
How OCSLA Can Help Your Case
If OCSLA applies instead of DOHSA:
- The wrongful death laws of the adjacent state may govern
- This allows recovery of non-economic damages (pain and suffering, loss of companionship)
- Broader damages can dramatically increase your family’s compensation
The Legal Battle: OCSLA vs. DOHSA
Courts must determine:
- Was the victim working on an OCS facility or in direct support of OCS operations?
- Did the accident have sufficient connection to OCS activities?
- Which law should take precedence?
The U.S. Supreme Court has ruled that OCSLA can apply even to accidents occurring onshore if the worker was performing duties supporting offshore operations. However, these determinations are fact-intensive and require experienced maritime attorneys.
Example: A helicopter transporting workers to an offshore platform crashes 5 miles from shore. Is this:
- A DOHSA case (limited damages)?
- An OCSLA case applying Louisiana wrongful death law (full damages)?
- A general maritime law case?
The answer can mean a difference of over $1 million in compensation. Companies will argue for DOHSA. Your attorneys must know how to fight for OCSLA or state law application.
Common Causes of Gulf of Mexico Helicopter Crashes
Research by the CDC, NTSB, and academic institutions has identified recurring causes:
Mechanical Failure (38% of crashes)
Engine failures:
Rotor system problems:
The maintenance pressure: To maximize revenue, some operators cut corners on maintenance schedules, use substandard parts, or skip required inspections. This negligence kills workers.
Adverse Weather Conditions
The Gulf’s weather can change in minutes:
The pressure to fly: Oil companies want workers on platforms, and helicopter companies want revenue. Pilots often face pressure to fly in marginal weather — with deadly results.
Pilot Error
While “pilot error” is frequently cited, it often reflects systemic failures:
Platform Landing Hazards
Offshore platform landings present unique dangers:
Survivability Issues
Even when passengers survive initial impact, many drown because:
What to Do After an Offshore Helicopter Accident
Time is critical. Evidence disappears, companies begin building their defense, and legal deadlines approach. Here’s what you should do immediately:
1. Contact a Maritime Aviation Attorney Within 30 Days
The sooner you contact LKSA, the sooner we can:
2. Preserve Everything
3. Document What You Know
4. Do Not Give Statements to Insurance Companies
They will call quickly asking for recorded statements. Politely decline until you’ve spoken with an attorney. Anything you say can be used against you.
5. Be Aware of Strict Deadlines
LKSA’s Proven Record in Offshore Helicopter Cases
Landmark Victory: Police Officer Helicopter Crash Case
Our attorneys secured a significant victory in a complex helicopter crash case, successfully arguing for jurisdiction against the engine manufacturer — a sophisticated legal battle that required deep knowledge of both aviation product liability and jurisdictional law. This case demonstrates our ability to handle the most complex liability and jurisdictional challenges.
Why Clients Choose LKSA
Unique dual expertise:
Proven results:
Resources to win:
Personal attention:
Frequently Asked Questions
My loved one’s helicopter crashed 8 miles offshore. What law applies?
If the helicopter was operating commercially (transporting oil workers), the crash at 8 miles offshore would likely fall under state law or general maritime law — not the more restrictive DOHSA — because the commercial aviation exception moves the DOHSA boundary from 3 miles to 12 miles offshore. This means you may be able to recover full damages including pain and suffering and loss of companionship, not just economic losses. However, companies will fight this determination, so you need experienced attorneys.
Will I get less compensation because the accident was offshore?
Potentially, if DOHSA applies. DOHSA limits recovery to economic damages, while state law allows recovery of non-economic damages that can be worth millions. However, skilled maritime attorneys know how to:
– Fight for application of state law or OCSLA instead of DOHSA
– Maximize economic damages even under DOHSA
– Identify concurrent claims under other maritime laws-
– Pursue claims against multiple defendants under different legal theories
– Early consultation with experienced maritime aviation attorneys is critical to maximizing your recovery.
What if my loved one was a Jones Act seaman?
If your loved one qualified as a “seaman” under the Jones Act (meeting specific legal criteria), your family may have additional claims against the employer under the Jones Act, which provides broader remedies than DOHSA. Jones Act claims can be pursued concurrently with DOHSA claims in some circumstances, and don’t have the same limitations on damages. Determining Jones Act applicability requires legal analysis of your loved one’s job duties and relationship to vessels.
Who can I sue after an offshore helicopter crash?
Multiple parties may be liable:
– Helicopter operator: For negligent maintenance, pressure to fly unsafely, inadequate safety equipment
– Pilot: For negligent operation
– Aircraft or component manufacturer: For design or manufacturing defects
– Maintenance company: For improper repairs or inspections
– Oil company/employer: For creating unsafe conditions, failure to provide proper equipment
– Platform operator: For unsafe landing areas
Identifying all liable parties requires immediate investigation and expertise in both aviation and maritime law — exactly what LKSA provides.
Take Action Now
If your loved one was killed or injured in an offshore helicopter accident in the Gulf of Mexico, contact LKSA immediately for a free, confidential consultation.
Don’t let insurance companies minimize your family’s compensation. Don’t let critical evidence disappear. Don’t trust your family’s future to attorneys who don’t understand both maritime and aviation law.
Call (504) 588-1500 or contact us onlinetoday.
We offer:
Your family deserves justice. Contact LKSA now.
