What Is Assumption of Risk?

Working on an offshore platform, drilling rig, or vessel in the Gulf of Mexico may be considered inherently dangerous. Some may even say that maritime and offshore workers know that they are putting life and limb at risk during every hitch—and while workers widely recognize the hazards associated with their jobs and the environments in which they perform them, this does not limit their ability to seek compensation for any on-the-job injury or illness. It certainly does not qualify as “assumption of risk,” thus barring their ability to hold at-fault parties accountable.

Assumption of risk is a legal concept sometimes used as a defense in personal injury cases. The basic premise is relatively simple: if someone voluntarily accepts a known risk and is injured as a result, they may be barred from recovering damages from the party (or parties) that would have otherwise been responsible.

For example, signing a waiver before climbing a rock wall at a gym may be considered assumption of risk, limiting your ability to sue for damages if you fall and are injured (so long as the equipment was not defective and the gym employees were not negligent). Similarly, sitting in the stands at a baseball game where there is a known risk of being struck by a foul ball or even a home run may be considered assumption of risk.

These scenarios are fundamentally different than accepting employment, however. Working for a living is not a recreational activity you can simply opt out of. More importantly, assumption of risk has been explicitly abolished as a defense in maritime injury claims under the Jones Act.

It doesn’t matter how dangerous offshore work is. You haven’t waived your right to compensation by taking the job.

Why Offshore Workers Can't Be Barred by Assumption of Risk

Here's what most companies don't want you to know: assumption of risk is not a valid defense in Jones Act cases or general maritime law claims.

The reason dates back to 1939, when Congress passed a critical amendment to the Federal Employers' Liability Act (FELA). This amendment explicitly abolished the assumption of risk defense, stating that "no employee shall be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.”

Why does the FELA, a law related to railroad workers, matter to seamen and offshore workers? Because the Jones Act, which protects seamen injured on vessels, was modeled directly on the FELA. Courts have consistently held that FELA interpretations are highly persuasive—and often controlling—in Jones Act cases.

In the landmark Supreme Court case Tiller v. Atlantic Coast Line Railroad Co., the Court held that "every vestige of the doctrine of assumption of risk was obliterated from the law by the 1939 amendment." This wasn't a narrow ruling—it was a complete elimination of the defense in FELA cases.

The same principle applies to Jones Act claims. If you're a seaman injured due to your employer's negligence or an unseaworthy vessel, the fact that you knew offshore work was dangerous doesn't bar your claim. You don't "assume the risk" simply by showing up to work on a drilling platform, supply vessel, or jack-up rig.

When Companies Try to Use This Defense Anyway

Despite the law being crystal clear, offshore employers and their insurance companies still sometimes attempt to invoke assumption of risk or similar arguments.

They might phrase it differently:

• "You knew this was a dangerous job when you signed up."
• "Every roughneck understands the risks of working on a rig."
• "These hazards are inherent to the offshore oil and gas industry."

These arguments may sound reasonable on the surface, but they're legally invalid in Jones Act cases. The 1939 FELA amendment, and its application to maritime law, eliminated this exact type of defense.

Why This Matters for Gulf Coast & Texas Offshore Workers

The offshore oil and gas industry is one of the most dangerous in the world. Workers on drilling platforms, production facilities, supply vessels, and support ships face hazards that most people never encounter:

• Equipment weighing thousands of pounds
• High-pressure systems containing explosive gases
• Extreme weather and rough seas
• Long shifts over hitches lasting numerous weeks or months
• Multiple contractors working in confined spaces

Companies operating in the Gulf of Mexico know these dangers. They also know that when accidents happen, injured workers have strong legal rights under the Jones Act and general maritime law.

That's why their lawyers and insurance adjusters work so hard to discourage claims. They may suggest you don't have a case because you "knew the risks." They may offer quick settlements that barely cover your immediate medical bills, hoping you won't consult an attorney who knows maritime law.

Don't fall for it.

Understanding Your Actual Rights Under Maritime Law

If you've been injured working offshore, here's what you need to know about your legal rights:

• Jones Act Claims: If you qualify as a seaman under maritime law, you can sue your employer for negligence. You don't need to prove gross negligence or recklessness—just that your employer's negligence played any role, however slight, in causing your injuries. Assumption of risk is not a defense.
• Unseaworthiness Claims: Vessel owners have an absolute duty to provide a seaworthy vessel. This means the ship, its equipment, and its crew must be reasonably fit for their intended purpose. If any aspect of the vessel's condition contributed to your injury, you may have an unseaworthiness claim—regardless of whether anyone was "negligent" in the traditional sense. Again, assumption of risk doesn't apply.
• Maintenance and Cure: All seamen are entitled to basic living expenses (maintenance) and medical care (cure) after a work-related injury, regardless of fault. You don't give up this right by working in a dangerous industry.
• Third-Party Claims: If your injury was caused in part by defective equipment, negligent contractors, or other third parties, you may have additional claims beyond the Jones Act. These can be crucial for maximizing your recovery, especially when multiple companies share responsibility for offshore operations.

What to Do If a Company Claims You Assumed the Risk

If an insurance adjuster, company lawyer, or employer tells you that you can't pursue a claim because you "assumed the risk" of offshore work:

Don't accept this explanation at face value. The company's legal interests and your legal interests are not aligned. What they're telling you may serve their bottom line, not the law.

Don't sign anything. Companies may present settlement agreements, releases, or other documents claiming you acknowledged the risks when you were hired. Review any document carefully with an experienced maritime attorney before signing.

Document everything. Keep records of all communications with the company, including what they tell you about your rights (or lack thereof). If they're misrepresenting maritime law, that matters.

Consult a maritime attorney immediately. Jones Act and offshore injury claims are complex, and there are strict time limits for filing. An attorney who regularly handles maritime cases—not just general personal injury work—can evaluate your claim and protect your rights.

The Bottom Line: Don't Let Companies Rewrite Maritime Law

Offshore work is inherently dangerous. Every worker on a Gulf Coast platform, every crew member on a supply vessel, and every roughneck on a drilling rig knows this. But knowing your job is dangerous doesn't mean you surrender your right to compensation when your employer's negligence or an unseaworthy vessel causes you harm.

The assumption of risk defense was abolished for FELA claims more than 85 years ago. Congress made that decision deliberately, recognizing that workers in dangerous industries deserve protection, not legal barriers to recovery.

When companies try to use this outdated defense anyway, they're betting you don't know maritime law. They're counting on you to accept their version of your rights without pushing back.

At Arnold & Itkin, we've represented offshore workers for more than two decades. We've taken on the largest oil companies in the world and won. We know every tactic they use to minimize payouts, and we know how to counter them. We helped one-third of the crew of the Deepwater Horizon disaster, widows from the El Faro sinking, and countless other offshore workers and families seek justice after catastrophic accidents.

If you've been injured working offshore and someone tells you that you can't pursue a claim because you "assumed the risk," call us. We’re here to help: (888) 346-5024.