With the rise and rapid progression in the development of the offshore wind industry, including the advent of US Jones Act-compliant offshore wind vessels, operators and other entities within the supply chain should be aware not only of Jones Act cabotage laws but also of the varying legal regimes applicable to offshore facilities and employees working in the construction, repair, and operation of wind farms.
Offshore wind operations can involve Jones Act seamen, maritime employees, and other non-maritime employees. Whether a worker falls under the Jones Act or the Longshore and Harbor Workers' Compensation Act (LHWCA) will dictate the rights and remedies of these workers in the case of injury or accident. Furthermore, the classification of various offshore structures, i.e., vessel vs. non-vessel, determines what law applies to not only the workers aboard them but also the contracts governing their operations. Understanding the classifications of these employees as well as the structures on which they work is crucial for risk management assessment and insurance coverage needs. Continue reading >