Workers’ Compensation · Primary-source case analysis

Herb’s Welding: A Fixed-Platform Welder Was Not in Maritime Employment Under the Longshore Act

By Aneeta Mishra and Timothy Chan

Published August 21, 2026

Herb’s Welding, Inc. v. Gray concerned an offshore welder injured on a fixed drilling platform in Louisiana territorial waters. The platform produced oil and gas but did not load cargo, build ships, or repair vessels.

Maritime status turns on the employee’s work

The Longshore Act’s occupational test asks whether regular duties are maritime in nature, not simply whether the injury happened near navigable water.

Offshore drilling was not traditional maritime employment

The Court found no substantial relationship between welding on a fixed oil platform and the loading, unloading, construction, or repair of vessels.

Situs alone did not establish coverage

Even though the platform stood over navigable waters, the employee still had to satisfy the Act’s separate status requirement.

Other compensation systems may apply

A failure to qualify under the Longshore Act does not decide coverage under state compensation law, the Outer Continental Shelf Lands Act, or another federal statute. Current law and the precise platform location must be checked.

Key takeaways

• Describe the worker’s regular duties rather than only the accident task.
• Identify whether the structure is fixed, floating, or vessel-related.
• Analyze statutory situs and maritime status separately.
• Check state, Longshore, and offshore-extension coverage before choosing a forum.