If you get hurt at work, you usually can only get workers’ comp benefits. But if a contractor did something careless that caused your oilfield injury, you might also be able to file a separate lawsuit against that contractor to get more compensation.
At Parks Law, our Houston oilfield injury attorneys stand up for workers who have been seriously hurt on the job. We have won many major cases for our clients, and are ready to fight for you, too.
Third-Party Lawsuits Offer Higher Compensation for Oilfield Injuries
In Texas, you typically can’t sue your employer for a personal injury. Employers are protected from most negligence lawsuits because they are required to have workers’ compensation insurance.
It is worth pointing out that workers’ comp does not pay nearly as much as a personal injury lawsuit might. With workers’ comp, you don’t get money for pain and suffering, and you don’t get all of your lost wages. In 2024, the most you could get each week from workers’ comp was $1,174.
It’s a good idea to find out if someone other than your employer is responsible for your oilfield injury. If you can sue a third party, you may be able to get more money, which can help ease the financial pressure after your accident, especially if you’re permanently injured or need to change jobs.
Outside Contractors Are Common on Oilfields
Usually, your employer is just one of an untold number of companies working on an oilfield site. Even when one company primarily runs the site, they often hire subcontractors to assist it with specialized jobs. For instance, a drilling company might bring in subcontractors to handle tasks like:
- Engineering
- Project management and supervision
- Constructing equipment and rigs
- Excavation
- Electrical work
- Operating heavy equipment
- Inspection and maintenance
- HAZMAT removal
- Trucking and hauling
Any of these contractors can easily make a mistake that causes an injury to a worker from another company. If that should happen, the contractor responsible for the injury has no special legal protections. They don’t provide your workers’ comp coverage, so there is nothing shielding them from a lawsuit.
Houston Oilfields and Examples of Third-Party Negligence
To win a lawsuit against a third party, you have to show they were careless. Everyone works in close proximity on an oilfield, so each contractor has a responsibility to act safely and not put others in danger.
Common examples of third-party negligence include:
- Slips and falls: A contractor’s worker might leave tools, debris, or equipment in your path, causing you to trip and fall.
- Motor vehicle accidents: You could be hit by a dump truck or another vehicle on the site, or injured in a crash near the oilfield.
- Improper maintenance and inspection: A third party may fail to take care of equipment the right way, which can lead to breakdowns and accidents.
- Burns: Steam, chemicals, or other hot materials used on an oilfield can cause serious burns if they are not handled safely.
- Explosions: Poor construction or careless operation of a well can lead to a blowout, which may cause devastating injuries.
Texas Workers’ Comp Benefits and Personal Injury Claims
If you think you may be able to sue a third party, you should still file a workers’ comp claim right after the accident. You must tell your employer about your injury within 30 days, or you could lose your right to workers’ comp. A lawsuit can take years, so you will need workers’ comp to help cover your medical bills and part of your lost wages while you wait.
If you win or settle your personal injury case, the workers’ comp insurance company will want back the money it already paid for your medical bills and lost wages. This payback is called “subrogation,” or the “right of reimbursement.”
If you lose your personal injury case, you still get to keep the workers’ comp benefits you already received. In Texas, you only have to show that you were hurt while doing your job to qualify for workers’ comp. You do not have to prove that anyone else was careless.
How Can a Houston Oilfield Injury Attorney Help?
If you were hurt in an oilfield accident, you need an experienced oilfield injury lawyer from Parks Law on your side. We can explain all your options for getting compensation, and we can also handle important tasks like:
- Investigating the accident: We look closely at what happened to see if you can file a lawsuit against a third party.
- Collecting evidence: We gather proof that shows a contractor on the site was careless and caused your injury.
- Calculating your damages: We help you understand how much your case is worth and how much money to ask for.
- Filing the lawsuit: We take care of filing all the legal paperwork for you.
- Building your case: We continue gathering information and evidence during the discovery phase.
- Going to trial: If a fair settlement can’t be reached, we take your case to court and fight for you.
Contact Parks Law
Getting hurt in an oilfield accident can change your life, but you do not have to deal with the legal and financial stress on your own. The right attorney can protect your rights, explain your options, and fight for the full compensation you deserve.
If you were injured on an oilfield, call Parks Law at (713) 979-3500 or fill out the contact form on our website to schedule your free consultation. We are here to help.