Who is at fault in an oilfield injury case? In many situations, the oil company is at least partly responsible. But sometimes another company or person, a third party, played a role in causing the accident. If a third party contributed to your injury, you may be able to get additional compensation outside of your workers’ comp benefits.
If you’re unsure how third-party liability works in oilfield accidents, speak with a Houston oilfield injury attorney today to get answers.
Third Parties Commonly Liable for Oilfield Injuries
A “third party” is anyone other than your employer or co-workers who may have played a part in causing the accident. Here are a few examples of third parties that have been found responsible for oilfield accidents in the past.
Equipment Manufacturers
It sometimes happens that equipment manufacturers are liable for accidents caused by faulty or defective equipment. These companies have a duty to assemble equipment that, when used properly, works safely. If your employer trained you to use the machine correctly and kept it in good nick, but it still failed, the manufacturer could be to blame. They could be held accountable for manufacturing defective parts or for not warning users about potential dangers.
Contractors
Oilfield companies often bring in contractors or subcontractors to handle certain tasks. These workers count as third parties. If a contractor causes an accident through carelessness, they may be held liable. Regular employees, on the other hand, are not personally liable because injured workers would usually file for workers’ compensation instead.
Maintenance Companies
Many oilfield companies hire outside maintenance companies to check, test, and care for their equipment. If a machine fails because it wasn’t properly maintained, the maintenance company may be liable for not doing the job it was paid to do under its service agreement.
How Can Third Parties Be Held Liable for Oilfield Accidents?
To make a third party legally responsible for your accident, you need strong proof that their careless actions helped cause it. The kind of proof you need can change based on what that person or company did within the oilfield operation.
For example, if a maintenance company didn’t do the inspections it was supposed to do, you would need to find service records showing when the equipment was last checked. Your lawyer can also review the contract between your company and the maintenance company to see how often those inspections were supposed to happen.
On the other hand, proving that the equipment maker is at fault might mean showing a video of the equipment breaking or getting statements from people who saw what happened. If other oil companies have had the same kind of problem with that equipment, you can use those examples too.
Collecting enough proof in an oilfield injury case can take a while, but your lawyer has the tools and resources to make the process easier.
Workers’ Compensation Claims vs Third-Party Claims
If you were hurt while working or doing your job, you can usually file a workers’ compensation claim through your employer, no matter who caused the accident. Most oilfield companies offer workers’ comp benefits. This type of claim helps pay your medical bills and covers some of your lost wages while you recover.
If, however, a third party caused your accident, you might be able to get extra money by filing a separate personal injury claim against them. You can also look into a personal injury lawsuit if your employer does not provide workers’ compensation benefits.
You should talk to a Houston oilfield injury lawyer before you file any claims or take legal action. In some situations, filing for workers’ compensation first could reduce or block your ability to file a personal injury claim later.
Discuss Your Case With a Houston Oilfield Injury Lawyer
If you were injured in an oilfield accident in Houston or the surrounding area, you don’t have to face the legal process on your own. A skilled lawyer can explain your rights to you, gather strong evidence, and fight tirelessly for the money you need and deserve. The sooner you reach out, the sooner you will get the support you need to move on with your life.
Call Parks Law, PLLC at (713) 979-3500 or fill out our online contact form today to talk with an experienced Houston oilfield injury lawyer and get the help you need.