Those who have a job in the oil industry regularly do it because they see it as an opportunity to earn money and have a better chance of life despite the risks. However, for those injured working in the oil industry, life is often not the same. A worker who suffers a serious injury on an oilfield has to live with the injury's pain and any disabilities or scars they receive. You can also face huge medical expenses and be overwhelmed by the loss of your wages. They may have to invest in-home health care or life adjustments, such as a wheelchair and a wheelchair-friendly home or vehicle. They may be unable to get a job in the future, particularly one that pays them a living wage and allows them to support their family. Of course, the worker can also have psychological injuries, which hurts him personally and his loved ones. In this case you need an oilfield accident lawyer to help you get compensation.
Workers' compensation vs. a personal injury lawsuit
If you have been injured in an oil field in Texas and have suffered some of the losses, or if you are the survivor of a worker killed while working in an oilfield, you need a legal advocate on your side. That can help you understand the process of filing a claim and recovering compensation for your losses. There are usually two ways to do this:
Workers' compensation insurance
If you are an oil field employee, your employer is likely required to carry workers' compensation insurance. Workers' compensation insurance provides workers with compensation for their reasonable and necessary medical expenses, a percentage of their lost wages, and their disability (as well as death benefits for family members) when an employee is injured while performing a task work related. The problem with workers' compensation insurance is that while it is a no-fault system, it does not allow workers to file a personal injury claim directly against their employer or seek noneconomic losses, such as the value of their pain. And suffering.
Third-party liability claims
The other option to recover compensation after an oil field injury is to file a liability claim directly against the responsible party. You cannot file a claim directly against your employer if your workers' compensation insurance covers you. But you can file a claim against a third party. For example, if your injury was caused by an equipment defect, you can file a third-party personal injury lawsuit against the manufacturer.
Common Types of Accident Injuries from Oilfield Hazards
Here are some of the most common types of oilfield accident injuries:
- Brain and head injuries, ranging from concussion to traumatic brain injuries (such as brain hemorrhage)
- Broken bones
- Loss of limbs
- Burns, scrapes, and rashes
- Allergic reactions
- Spinal cord injuries, including paralysis
- Deep lacerations
As you can see, some of these injuries are more serious than others.
Once you understand your injuries, treatment plan, and long-term recovery plan, you can take the next steps to obtain maximum compensation for your damages.
Depending on where you are located and where the accident occurred, the laws for workers' compensation and personal injury claims are different. In Texas, each state has its own civil and workers' compensation law. That's why you must speak with an attorney who is experienced in personal injury and workers' compensation law in both states and is licensed to represent you in either state.