Oil fields have innumerable dangers that can cause accidents, leading to severe disabilities and injuries for workers. Many Texas oil field workers are employed as contractors by service companies and gas and oil companies.
But, if a contractor or subcontractor is injured in an on-site accident, who bears liability? Economic responsibility for a contractor’s work-related injuries and damages depends on what caused the accident and who was to blame. In most cases, multiple parties are held liable for an injured worker’s damages. To discuss your case with an experienced Texas oilfield accident lawyer, call Parks Law, PLLC, today.
What Happens When a Contractor is Injured on a Texas Oil Field Job?
When someone works in the Texas oil fields as a 1099 independent contractor, they do not receive many of the legal protections granted to W-2 employees; most notably, they are typically not covered by workers’ compensation insurance.
Businesses are not required to extend workers’ comp coverage to independent contractors or subcontractors. In fact, even W-2 employees in Texas are not necessarily covered by workers’ comp as their employer may have opted out as a non-subscriber.
Rather, an employee of a non-subscriber or an independent contractor may be able to bring a personal injury claim in certain situations, or a third-party claim against individuals or companies other than the field operator or oil company if those third parties caused their accident.
Can an Injured Contractor File a Lawsuit Against the Operator or Oil Company?
An injured Texas oil field contractor or subcontractor could have a claim against an oil field operator or oil company if their negligence resulted in the accident. For instance, a contractor may have a valid legal claim if the oil field operator allowed unsafe working conditions on the job site or if the oil company failed to maintain its equipment properly.
Common examples of negligence that could cause an oil field operator or oil company to be liable for a contractor’s or subcontractor’s injuries include:
- Failing to conduct regular inspections of the oil field and correct apparent hazards, such as missing, malfunctioning, or broken safety equipment.
- Neglecting to warn workers, contractors, and subcontractors about known hazards on the property.
- Failing to properly coordinate work among multiple contractor crews, increasing the risk of accidents and confusion on the job site.
- Creating dangerous conditions through unsafe practices, for example, building unstable work surfaces, providing inadequate lighting, or drilling wells with a risk of rupture.
- Providing inadequate security on the job site allows trespassers to enter, damage equipment, and create hazardous conditions that endanger workers.
Is a Contractor Liable for Subcontractor Negligence?
General contractors on Texas worksites, such as oil fields, can bear liability for a subcontractor’s negligence. In many cases, a contractor can be held responsible for subcontractor negligence if the contractor exercises a significant degree of control over the methods or manner in which the subcontractor’s work is performed.
For example, a contractor could be at fault for an oil field accident if they were actively supervising a subcontractor’s work and gave them detailed instructions regarding how the work was to be performed.
A contractor could also bear responsibility if the subcontract allows the contractor to control the subcontractor’s work, and the contractor’s control played a role in the incident. Evidence that a contractor had the right to control work includes conducting routine inspections of the subcontractor’s work area for safety infractions, ordering subcontractors to carry out specific duties, and. consistently supervising subcontractors while they work
Why Do I Need a Texas Oilfield Accident Lawyer?
Contractors and subcontractors who are injured in Texas oil field accidents often face complex legal and factual issues when seeking financial compensation for their injuries and damages. For example, when evidence is complicated or multifaceted, it can be challenging to work out which parties were responsible for an accident. A worker’s status, such as employee or independent contractor, can also influence who is found liable and what legal avenues may be used to pursue damages.
Texas oil field workers need skilled legal advocacy and advice to help them achieve the best possible outcome. A knowledgeable Texas oilfield accident lawyer from Parks Law, PLLC, can help injured contractors and subcontractors identify negligent parties and ensure they understand their rights to economic recovery. Call us at (713) 979-3500 or fill out our online contact form to schedule your free consultation.