Advocates tell Gulf communities: Know your rights

In the take of the Gulf oil disaster, news reports have continued to surface of company representatives encouraging -- some would say coercing -- affected individuals to sign agreements limiting their legal rights and ability to file future claims.

Days after the spill, Facing South reported that BP was making Louisiana fishermen involved in the cleanup sign forms limiting their rights and ability to file future claims against the company. Yesterday, NPR reported that Transocean, who operated the failed Deepwater Horizon rig, was pushing workers to fill out documents that would limit future lawsuits -- hours before they had even seen their own families.

To help dispel confusion, Advocates for Environmental Human Rights, a New Orleans-based advocacy group, has begun circulating a flier spelling out the rights of individuals in the wake of the disaster. The flier reads:

KNOW YOUR RIGHTS: DAMAGE RECOVERY AFTER THE BP OIL DRILLING DISASTER

The Oil Pollution Act of 1990 ("OPA") is the main federal law that imposes liability for damages resulting from an incident like the British Petroleum ("BP") oil drilling disaster on April 20, 2010 off the coast of Louisiana. BP has been deemed the "responsible party" for the damages resulting from the continuing oil discharge caused by the disaster. Under OPA, BP's total liability for damage claims is limited to $75 million but members of Congress have recently proposed federal legislation to raise this amount to $10 billion. However, the responsible party's liability is unlimited if it is determined that the incident was caused by gross negligence, willful misconduct or the violation of federal law.

What damages can an individual claim? Under OPA, an individual may claim damages for injury to or economic losses resulting from the destruction of real or personal property; loss of subsistence use of natural resources; and loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources.

How does an individual file a claim for damages? All claims for damages must first be filed with the responsible party.

Is it possible for an individual to get interim financial assistance before his/her claim is settled in full with the responsible party? Yes. A claim for interim, short-term damages representing less than the full amount of damages to which an individual may ultimately be entitled is allowed under OPA. In addition, the federal government sets up a loan program to provide alternative interim assistance to fishermen and aquaculture producers, who have claims pending for damages, but have not received an interim payment on their claims. The loan must have flexible terms; be for a period that is the later of either 5 years after the date on which the loan is made or the date on which the fisherman or aquaculture producer received payment; and be at a low interest rate.

In addition to filing a damage claim with the responsible party, can an individual file a lawsuit in court? Yes, but only after the responsible party denies all liability for the claim or the claim has not settled by payment within 90 days after the claim was filed.