Texas Oilfield Injury Lawyers: Workers' Rights After a Serious Accident

Oil and gas extraction occupations in Texas present multiple types of hazards, and severe worker injuries are prevalent. Many injuries are life-altering, but regardless of severity, workers deserve compensation for their damages. Hiring a local attorney can help you navigate a workers’ compensation claim, negotiate a settlement, or file a lawsuit if necessary.

If you were recently seriously injured on the job, call the Texas oilfield injury lawyers at Carabin Shaw toll-free at 1-800-862-1260 to set up a free consultation. We have English- and Spanish-speaking staff, and someone is available to speak with you 24/7. There’s no risk when you work with Carabin Shaw because you pay nothing unless we win your case.

According to a study by the U.S. Centers for Disease Control and Prevention (CDC), oilfield workers suffered a disproportionate number of severe injuries from January 2015 to July 2022. Well drillers and well-servicing personnel faced the highest risk of injury, and upper-extremity injuries were the most common.

The biggest source of injury was machinery. Vehicles were also a common cause of accidents. Although heavy equipment can be inherently dangerous, many work accidents involving such equipment are caused or worsened by negligence. Safety protocols and procedures are designed to reduce these risks and protect workers, but they are not always adhered to. A Texas oilfield worker injury lawyer will investigate a workplace accident to determine whether negligence was present.

Many Texas employers carry workers’ compensation insurance, although private employers are not legally required to do so. Workers’ compensation provides no-fault benefits to employees who suffer compensable work-related injuries, including medical care and, in some cases, partial wage replacement. Although you do not have to hire a Texas oilfield accident lawyer to pursue workers’ compensation benefits, a legal professional can help you navigate the claims process, address disputes or denials, and pursue the benefits you may be entitled to receive.

When an employer carries insurance, employees must report injuries within 30 days to retain the right to the following workers’ compensation benefits:

• Income replacement based on average weekly wage (AWW)
• Reasonable and necessary medical care
• Burial
• Death

Employees have the right to hire an attorney and sue employers who do not carry workers’ compensation insurance. They also have the right to sue third parties in addition to filing a workers’ compensation claim.

Oilfield injury compensation in Texas may come from insurance, employers, or third parties. If the employer has an active workers’ compensation policy, the insurance usually protects them from lawsuits except in some fatal accidents where gross negligence was a factor. Third parties do not generally have this protection from personal injury claims.

Examples of third parties include:

• Maintenance companies
• Trucking companies
• Suppliers
• General contractors or subcontractors
• Vendors

A third party or nonsubscribing employer may be liable for an injured worker’s damages if negligence caused the injury. An attorney can help pursue economic and noneconomic damages, including pain and suffering, when available. An injured worker may also be able to pursue workers’ compensation benefits and a third-party lawsuit, although the workers’ compensation carrier may have a right to recover benefits it paid through subrogation.

Hiring an oil and gas injury lawyer from Carabin Shaw allows you to understand your rights as an injured worker in Texas, so you can pursue fair compensation for your losses. Our client reviews are a testament to the successful outcomes injured workers can achieve with the right legal support. Call or contact us online today to protect your right to injury compensation after an oilfield accident.

For more information:

• CDC
• Office of Injured Employee Counsel
• Texas Department of Insurance