The oilfield industry is vital to Texas’s economy, but it’s also one of the most hazardous. Oilfield workers face a constant risk of serious injuries from explosions, fires, equipment malfunctions, and slip-and-fall accidents.
Many workers believe that workers’ compensation is their only choice for recovery. But is this true? You might be surprised to learn that you could have other options.
What Are Workers’ Compensation Benefits in Texas?
Workers’ compensation is a state-mandated insurance program that provides benefits to injured workers, regardless of fault. In Texas, these benefits typically cover:
- Medical expenses: Workers’ compensation covers necessary medical treatment for your work-related injury.
- Lost wages: You may be eligible for a portion of your regular wages while you recover from your injuries.
- Disability benefits: If your injuries are severe and long-lasting, you may receive ongoing payments to compensate for your lost earning capacity.
Workers’ Compensation Limitations
While workers’ compensation can offer some financial relief, it has limitations such as:
- Coverage Exclusions: Some injuries might require long-term care, which workers’ compensation doesn’t fully pay for. In addition, some damages like pain and suffering aren’t covered.
- Benefit Caps and Disputes: Workers’ compensation benefits are capped by law, and there may be disagreements with the insurance company about the extent of your benefits or the cause of your injury.
What Are Third-Party Liability Claims in Oilfield Accidents?
Sometimes, workers’ compensation isn’t enough, such as in cases of severe injuries or death. If you have a long-term or permanent disability, you might need more help than workers’ compensation provides.
Fortunately, workers’ compensation isn’t your only option. You may also be able to file a third-party liability claim if a party other than your employer was negligent and caused your accident. Potentially liable parties in oilfield accidents include:
- Equipment manufacturers: If a defective piece of equipment caused your injury, you may have a claim against the equipment manufacturer.
- Subcontractors: If a subcontractor’s negligence contributed to your accident, you may have a claim against them.
- Other oilfield companies: In some cases, another company operating on the drilling site may be responsible for your injuries.
Advantages of Pursuing a Third-Party Lawsuit Alongside Workers’ Comp
There are significant advantages to pursuing a third-party lawsuit alongside your workers’ compensation claim:
- Increased Compensation for Damages: A third-party lawsuit can recover compensation for damages beyond what workers’ compensation covers, such as pain and suffering, emotional distress, and loss of future earning capacity.
- Holding Negligent Parties Accountable: A lawsuit can hold the at-fault party accountable for their negligence and help prevent similar accidents in the future.
Why Work with a Texas Oilfield Injury Attorney?
A personal injury lawyer is important if you’re hurt in an oilfield accident. They can evaluate your case to see if you have a strong claim. Lawyers know how to navigate the legal system. They can handle paperwork, gather evidence, and negotiate with insurance companies.
Most importantly, a lawyer can help you get the most compensation possible. They fight for your rights and make sure you’re not shortchanged. With a lawyer’s help, you can focus on your recovery while they handle the legal aspects.
Workers’ Comp vs. Third Party Liability FAQs
Can I collect both workers’ compensation and sue a third party?
Yes, you can pursue workers’ compensation benefits and a third-party liability claim. Workers’ compensation covers your immediate medical expenses and lost wages, while a third-party claim can provide additional compensation for pain and suffering, future medical expenses, and other damages not covered by workers’ comp.
Will pursuing a third-party claim affect my workers’ compensation benefits?
Generally, pursuing a third-party claim does not affect your eligibility for workers’ compensation benefits. However, suppose you receive a settlement or judgment in a third-party claim. In that case, you may be required to reimburse your employer or their workers’ compensation insurer for benefits already paid out.
How do I know if I have a third-party liability case?
You might have a case if someone other than your employer or coworker caused your accident through negligence. An attorney can help assess the situation and explain your options.
What is the process for filing a third-party liability claim?
The process typically involves gathering evidence, filing a claim with the third party’s insurance company, and negotiating a settlement. If a fair settlement cannot be reached, your lawyer may file a lawsuit. Throughout this process, your lawyer will handle legal paperwork, communicate with insurance companies, and advocate for your rights.
Call Kemmy Law Firm If You Were Hurt in an Oilfield Accident
After an oilfield injury, workers’ compensation is often the first step. But it’s not always the only option.
If a third party was negligent and caused your accident, you may be entitled to additional compensation through a third-party lawsuit. Consulting with a Texas oilfield injury attorney can help you explore all your legal options and protect your rights after an oilfield accident.
Kemmy Law Firm serves clients across Texas and New Mexico:
Oilfield Accident Accident Lawyers in Odessa, Texas
101 N Jackson Ave
Odessa, Texas 79761
Oilfield Accident Lawyers in Hobbs, New Mexico
1601 N. Turner, Suite 417
Hobbs, NM 88240
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