If you have been adversely affected by an oil spill, you may be able to receive compensation. The Oil Pollution Act (OPA) defines the conditions under which you may recover costs and damages. To submit a claim:
- Show that the spill meets all OPA requirements. Your claims manager cannot process the rest of your claims package until you have proven that the spill meets these requirements. (The OPA Claims Requirements checklist provides a step-by-step guide to help you decide if a spill qualifies.)
- Document your costs and damages from the spill. (See the Types of Claims table below for a list of the kind of claims you can submit.)
- Forward your claims package to the National Pollution Funds Center, the Coast Guard office responsible for evaluating and approving OPA claims.
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Types of Claims
Types of Claims
| Claim Type |
Description |
Who Can Submit |
| Natural Resource Damages (NRD) |
Costs for:
- Assessing an area's natural resource damages,
- Restoring the natural resources, and
- Compensating the public for the lost use of the affected resources.
|
Only specially designated natural resource trustees |
| Removal Costs |
Costs to prevent, minimize, mitigate, or clean up an oil spill.
(The costs of cleaning up your own property fall under the category of property damage, not removal costs.) |
Clean-up contractors, called Oil Spill Recovery Organizations (OSROs)
Federal, State, and local government entities
The responsible party
Anyone who helped clean up the spill |
| Property Damage |
Injury to or economic loss resulting from destruction of real property (land or buildings) or other personal property.
Does not include personal injury! |
People or entities who own or lease the damaged property |
| Boat Damage |
Injury to or economic loss resulting from damage to a boat (a subset of property damage). |
People or entities who own or lease the damaged boat |
| Loss of Profits & Earning Capacity |
Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of property or natural resources |
Anyone with loss of profits or income (You do not have to own the damaged property or resources to submit a claim under this category.) |
| Loss of Subsistence Use of Natural Resources |
Loss of subsistence use claim if natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident. |
Anyone who, for subsistence use, depends on natural resources that have been injured, destroyed, or lost (You do not have to own or manage the natural resource to submit a claim under this category.) |
| Loss of Government Revenue |
Net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources |
Federal agencies
States
Local governments |
| Increased Public Services |
Net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil or directly attributable to response to the oil spill incident |
States
Local governments |
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Claim Format
There is no required format for claims. You must, however, support your claim with documentation, put the claim in writing, and sign it.
See Forms & Documents for Submitting Claims for more detailed guidance on submiting claims. (You do not need a lawyer to file a claim; you will not be compensated for any attorney's fees if you do use a lawyer to assist in preparing or filing a claim.)
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