Rights & Protections of Offshore Contract Workers

Working offshore—whether in cargo shipping, commercial fishing, or offshore oil and gas operations—can be a thrilling yet demanding experience. While many employees in these fields hold permanent positions, a substantial number are hired on a temporary or contract basis. These workers play an essential role, taking on pressing assignments or filling specialized gaps within the workforce. However, they often face unique hazards and challenges.

At Arnold & Itkin, we believe every maritime worker—regardless of employment status—deserves proper protection, respect, and legal backing. If you or a loved one works on a short-term or contract basis, understanding your rights and the potential dangers is crucial. With this knowledge, you can better safeguard your health and future.

Temporary & Contract Workers in the Maritime Sector

Temporary or contract workers are individuals hired for a specific duration, such as the length of a single voyage, project, or seasonal peak. In some instances, they might only be on board for a few weeks or months. Once their contract expires or the project is completed, they move on. You will find these workers in cargo shipping, offshore oil platforms, fishing vessels, cruise liners, and other maritime-related fields.

Companies often turn to temporary workers when demand spikes. For instance, cruise lines might need extra personnel during a busy travel season, or an oil and gas company may require specialized workers for a single drilling project. Sometimes, a vessel needs individuals with a rare skill set, such as welding, diving, or engineering. These contract workers arrive with expertise, perform the job, and leave when their tasks end.

Challenges Faced by Temporary Maritime Workers

Temporary or contract workers often lack the long-term benefits available to permanent employees. They may not receive robust health insurance plans or a stable retirement package. Additionally, they frequently face job insecurity; since they are hired only for a short period, they can be released quickly if conditions change. This uncertainty can create stress and limit long-term planning.

Adapting to a new ship or offshore platform poses another challenge. Some contract workers may board a new vessel with each job, making it harder to become fully familiar with evacuation routes, emergency procedures, and day-to-day operations.

Employers must not expect temporary workers to learn on the fly or pick up on safety procedures by observing others, as this approach can backfire dangerously if emergencies arise. Employers must invest the time and resources into properly training contract and temporary workers as they would for any permanent employee.

The Importance of Thorough Training

All maritime employers are legally and ethically obligated to provide proper training to every worker on board, whether permanent or temporary. This training should cover emergency drills, the correct use of safety gear, and the proper operation of relevant machinery.

Despite these obligations, companies sometimes cut corners. They might fail to update safety manuals, skip key demonstrations, or neglect to conduct drills. If a company’s oversight results in an accident, the employer may be held accountable. However, it can be challenging for a contract worker to prove insufficient training, particularly after they leave the vessel or complete the short-term assignment. Detailed documentation of training sessions and clear communication with supervisors can help if legal questions arise later.

Understanding Your Legal Rights

In the United States, maritime workers are shielded by a series of statutes designed to protect them from harm—and to provide legal recourse if they are injured. One key statute is the Jones Act, which applies to seamen who spend a substantial portion of their working time on a vessel in navigation. Under the Jones Act, seamen can sue their employer if negligence contributes to their injuries. Temporary or contract workers can be covered by this law if they meet the seaman criteria.

For those who do not meet the Jones Act’s definition of a seaman, there is the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law offers benefits and medical care to longshoremen, harbor workers, and other maritime laborers not covered by the Jones Act. This law can be pivotal for contract employees who are injured while loading or unloading ships, repairing vessels, or performing other duties near the water but not on it full-time.

Contract workers may also take legal action if they are injured on unseaworthy vessels. Unseaworthiness generally means the vessel, equipment, or crew is not reasonably fit for its intended use. It could involve issues such as defective machinery, inadequate safety equipment, or an undertrained or insufficient crew. If a worker is injured because of an unseaworthy condition, they may file a claim against the vessel’s owner. The damages recoverable under an unseaworthiness claim can include compensation for medical expenses, lost wages, pain and suffering, and more.

Navigating these laws can be difficult, especially as a temporary or contract worker. Employers might claim a worker is an independent contractor to avoid financial responsibility. An experienced maritime attorney can evaluate your situation, clarify which law applies, and help secure the benefits or compensation you deserve.

Obstacles in Filing Claims

Temporary workers sometimes encounter obstacles when seeking compensation for injuries. Employers and their insurers may argue that these workers do not meet the legal definitions of a covered maritime employee. They might also try to place blame on the worker, claiming their accident stemmed from carelessness or a violation of company policy.

Collecting evidence can be especially difficult for someone who has moved on to another contract or left the industry. Witnesses might be scattered across different vessels, and key documents might be filed away. Proving substandard training or employer negligence is harder if you no longer have access to logbooks or safety checklists. This is why it is important to promptly record as many details as possible after an incident, including photos, witness statements, and medical evaluations.

Enhancing Safety for Temporary Workers

Companies have a responsibility to keep the workplace safe. This involves more than offering training and equipment; it requires a culture of safety. Clear communication and transparency about hazards are essential. When a temporary worker comes aboard, supervisors should ensure everyone knows who is new and what expertise they possess.

Ideally, the company would create a structured orientation for contract workers, covering emergency exits, life-saving devices, and reporting chains. If a worker is assigned a specialized task, they should be thoroughly briefed and supervised, especially if it involves heavy machinery or hazardous conditions. Neglecting these steps can endanger not only contract employees but the entire crew.

What to Do If You Are Injured

If you sustain an injury at sea or in a harbor while working a temporary contract:

• Seek Medical Attention: Always make your health the top priority. Even if the injury seems minor, a checkup can detect issues that may become more serious later.
• Notify Your Supervisor: Report the injury right away. Delaying your report can allow the company or their insurer to argue you were not actually hurt on the job.
• Document Everything: Gather any evidence relevant to your injury, including photos of the scene, contact information for witnesses, and notes about how the accident happened.
• Consult an Attorney: A lawyer with maritime experience can guide you through the claims process, clarify which laws apply, and negotiate with employers and insurance companies on your behalf.

An attorney can be your ally in proving the extent of your injuries, securing fair compensation for medical bills, and pursuing lost wages if you are unable to continue working.

How Arnold & Itkin Can Help

At Arnold & Itkin, we have worked on countless cases involving maritime workers—both permanent and temporary—who have suffered on-the-job injuries. Our team consults with industry experts, reviews vessel maintenance logs, and examines training records to establish any negligence or lack of adherence to safety standards. We work to help our clients seek full compensation for medical treatment, lost wages, and pain and suffering. By holding employers responsible, we aim to foster safer working conditions for everyone.