Longshore & Harbor Workers
Not a seaman? Your deadlines are shorter, and they start fast.
3. LHWCA deadlines for longshore and platform workers
Quick Answer
Under the LHWCA you generally have 30 days to give written notice to your employer and 1 year to file your claim. Occupational diseases can extend to 2 years from awareness.
Not every offshore worker is a seaman. Longshore workers, harbor workers, and many platform workers are covered instead by the Longshore and Harbor Workers Compensation Act, and its deadlines are much tighter than the general maritime three years. Understanding the offshore injury statute of limitations and deadlines means knowing which of these two tracks you are on, because the types of offshore work that can qualify determine your timeline.
The written notice to your employer is generally due within 30 days of the injury (33 U.S.C. Section 912). The claim itself is generally due within 1 year of the injury or death, or within 1 year of the last compensation payment (33 U.S.C. Section 913). For occupational diseases that do not show up immediately, the window can extend to 2 years from the date you became aware, or should have been aware, of the connection to your work. For work-related hearing loss, the clock generally starts when you receive an audiogram and report.
The Statute Itself
33 U.S.C. Section 913: Filing of claims
Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefor is filed within one year after the injury or death.
The First Window
30 Days
The LHWCA written-notice window to your employer. Missing it can jeopardize a claim before it really starts, so tell your employer in writing right away.
The Gist
If you are covered by the LHWCA, do not wait to see how you heal. Give written notice fast and get the claim on file. The short deadlines are the whole difference between this track and the seaman track.
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Bottom line: Longshore and platform workers face a 30-day notice window and a 1-year claim deadline. These arrive quickly, so act early.
Outer Continental Shelf
On a fixed platform, your deadline may come from the state next door.
4. Platform claims and state deadlines
Quick Answer
Fixed platforms on the Outer Continental Shelf borrow the adjacent state's deadline. In Louisiana that is now 2 years for injuries on or after July 1, 2024, and in Texas it is 2 years.
Fixed platforms sit in a legal category of their own. The Outer Continental Shelf Lands Act (43 U.S.C. Section 1333) treats a fixed platform as an island of federal law, and where maritime law does not govern, it borrows the law of the adjacent state, including that state's statute of limitations. The Supreme Court set this framework in a line of cases, and it still controls today.
Because platforms use state deadlines, the number can change when a state changes its law. That makes getting a clear read on what an offshore platform injury claim can be worth and its deadline a state-specific question, not a one-size-fits-all answer.
Landmark Case
Chevron Oil Co. v. Huson
404 U.S. 97 (1971) · U.S. Court
For injuries on fixed Outer Continental Shelf platforms, the law of the adjacent state, including its statute of limitations, applies as surrogate federal law where maritime law does not govern. Your platform deadline can come from the state next door.
Louisiana changed its deadline recently
Louisiana moved from a 1-year deadline to a 2-year deadline for injuries occurring on or after July 1, 2024. Older injuries may still face the 1-year rule. Do not guess which applies to your date of injury.
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Bottom line: On a fixed platform, your deadline usually comes from the adjacent state. Louisiana and Texas are now 2 years, but the details depend on where and when you were hurt.
Government Vessels
Sue the government and the rules change, sometimes with a claim required first.
5. Deadlines for claims against government vessels
Quick Answer
Claims under the Suits in Admiralty Act and Public Vessels Act generally must be filed within 2 years. Some claims require a written presentment before you can sue.
When the vessel or employer is the United States, special statutes take over. The Suits in Admiralty Act (46 U.S.C. Section 30905) generally requires suit within two years. The Public Vessels Act (46 U.S.C. Section 31103) adopts that same framework for public vessels. Where an injury on land is caused by a vessel, the Admiralty Extension Act (46 U.S.C. Section 30101) can require a written claim be presented to the agency at least six months before you sue. For non-maritime federal negligence, the Federal Tort Claims Act (28 U.S.C. Section 2401) sets a two-year deadline of its own.
Government Claims
2 Years
The general deadline for most claims against government-owned or operated vessels, with some claims requiring a written notice first.
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Bottom line: Claims against government vessels usually run on a 2-year clock, and some require a written claim before suit. These cases reward moving early.
The Discovery Rule
Sometimes the clock starts the day you learn what happened, not the day it happened.
6. When the clock actually starts
Quick Answer
For sudden injuries the clock starts on the injury date. For latent or occupational injuries, it can start when you knew or reasonably should have known both the injury and its cause.
A big part of the offshore injury statute of limitations and deadlines is figuring out when the clock started. For a sudden accident, a fall, a crush injury, a fire, the answer is usually the date it happened. For slow-developing conditions, the answer can be different. Under what courts call the discovery rule, the cause of action can accrue when you discover, or reasonably should discover, both that you are injured and that your work caused it.
This matters most for occupational illnesses and injuries that surface long after the exposure. It also connects to what counts as an offshore injury in the first place, because some harms are not obvious the day they begin.
Landmark Case
Albertson v. T.J. Stevenson & Co.
749 F.2d 223 (5th Cir. 1984) · U.S. Court
For latent injuries, the cause of action accrues when the plaintiff discovers, or in the exercise of reasonable diligence should discover, both the injury and its cause. The clock can start later than the exposure, but courts read this narrowly.
The Gist
The discovery rule helps workers with slow-developing conditions, but do not rely on it to buy time. Courts apply it narrowly, and the safe assumption is that your clock is already running. There is also no automatic extra time for minors under the general maritime rule.
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Bottom line: For sudden injuries the clock starts on the injury date. For latent ones it can start later, but do not count on it. Assume the clock is running now.
Wrongful Death at Sea
When a family loses someone offshore, a separate clock begins.
7. Deadlines in offshore death claims
Quick Answer
Wrongful death claims under general maritime law and the Death on the High Seas Act generally carry a 3-year deadline, running from the date of death.
When an offshore worker is killed, the family's claim has its own timing. The Death on the High Seas Act (46 U.S.C. Section 30302) provides a wrongful death remedy for deaths that occur more than three nautical miles from shore, and the general maritime three-year period applies. Importantly, in a death case the clock generally runs from the date of death, which may differ from the date of the underlying injury.
The Statute Itself
46 U.S.C. Section 30302: Cause of action
When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible.
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Bottom line: Wrongful death claims generally carry a three-year deadline that runs from the date of death. The rules differ from injury cases, so families should get guidance early.
Getting It Right
The deadline that applies to you is a legal question, not a guess.
8. Why the deadline varies and what to do now
Quick Answer
Because your deadline depends on your legal status, your vessel, and where you were hurt, the offshore injury statute of limitations and deadlines are easy to get wrong. An early legal review is the safest way to protect the claim.
By now the pattern is clear. A seaman may have three years, a longshore worker may have one, a platform worker may borrow a state's two-year rule, and a claim against a government vessel may run on a different two-year track. That is why the offshore injury statute of limitations and deadlines cannot be answered with a single number. The right deadline is a legal question that turns on facts specific to your work and your injury.
There is also a practical reason not to wait. Evidence decays fast. Vessel logs, maintenance records, and witness memories fade within weeks, so even a claim with years left on the clock gets harder to prove over time. Whether you are still sorting out offshore injury claims or you already know a deadline is looming, an early review protects your options.
Not sure which deadline applies to your injury?
A short, confidential review can confirm your filing window before it closes.
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Bottom line: The deadline that applies to you depends on your status, your vessel, and your location. Confirm it early, before the calendar decides for you.
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