Beyond Workers' Comp: How to Pursue a Third-Party Claim After an Oilfield Explosion in Texas

In West Texas towns like Odessa and Midland, oil production dominates the economy but also brings many safety risks for workers. Oil explosion risks are especially high where flammable gases mix with ignition sources such as electricity, hot surfaces, and tools that spark. But there are ways to mitigate these hazards in Permian Basin oilfields, and a lawyer can link issues with equipment, unattended gas leaks, and other forms of negligence to major causes of injury.

After a catastrophic workplace accident, you might expect workers’ compensation to do what’s in the name: compensate you for your losses. However, our Texas oilfield injury attorneys at Carabin Shaw can explain that, if this form of insurance is even available, it may not provide complete coverage. Instead, you’ll need to understand your additional legal options through third-party claims. If you’ve recently suffered a serious accident in West Texas, contact Carabin Shaw’s skilled lawyers today to schedule your FREE case review.

The term “third-party claim” refers to a personal injury lawsuit against someone other than an employer. By contrast, workers’ compensation is the insurance employers carry to protect themselves from lawsuits and provide workers with benefits. As part of the workers’ comp process, neither the employer nor the worker is considered at fault

Although workers’ comp sounds like it serves both employers and workers, a Midland oilfield explosion lawyer can name several reasons that might make a third-party claim better for your case:

• Texas doesn’t require all employers to carry workers’ comp.
• If you’re a contractor, workers’ comp won’t cover you.
• Workers’ comp has a more limited scope, with recovery of only some lost wages and certain medical expenses. There are no benefits for pain and suffering.
• Third-party claims are likely to provide fuller financial recovery after severe injuries. A lawyer may seek damages for the harder-to-quantify costs of long-term care, loss of earning capacity, and other noneconomic losses.

Because oilfield sites involve multiple players, there are often more third-party liability possibilities than you’d expect.

Your West Texas attorney will uncover all accountable third parties, including contractors, subcontractors, equipment manufacturers, and site owners or operators. Safe oilfield operations rely on several independent companies working together, so negligence by just one entity can create liability.

For example, the following scenarios are among the more common justifications for an oilfield explosion lawsuit in Texas:

• A contracted equipment supplier provides a poorly maintained tool, such as a pressure control device.
• A site operator fails to enforce proper safety protocols, like ensuring ventilation.
• Miscommunication between contractors, such as a group working with chemicals and another performing hot work nearby, can result in explosive conditions.

A few basic steps help an Odessa oilfield explosion attorney build your case:

1. Seek medical care as quickly as possible to document your injuries.
2. File incident reports with your company, OSHA, and other safety compliance organizations.
3. Preserve evidence if you can. Oilfield sites shift rapidly, so photos, videos, and witness statements can be very helpful.
4. Contact Carabin Shaw for a free case review to determine all potential defendants. If we work for you, we’ll complete a thorough investigation and seek compensation from everyone responsible. We also offer our services on a contingency-fee basis, so you pay only if our work yields results.

Although multiple parties can be a boon for your case, they also make it more complex. Hiring an experienced attorney takes this burden off of you and your loved ones so that you can focus on healing.

An oilfield explosion might be the worst thing that’s ever happened to you, but you have more options afterward than you think. Contact our law firm anytime to learn more from our expert Texas lawyers, and our staff will speak with you 24/7 in Spanish or English. Above all, we do everything we can to make things easier on you, which is clear in our law firm’s client reviews.

For more information:

• U.S Department of Labor
• Texas Department of Insurance