Although there is some inherent danger when working in the oil and gas industry compared to other jobs, employers and third parties still must mitigate risk as much as possible and follow OSHA regulations. When employers and other parties cut corners, they could be found liable for any resulting injuries.
Employer Liability
The OSH Act of 1970 states that employers must ensure employees work in a place free of hazards known to cause death or serious physical harm. Employers in the oil and gas industry have an even higher standard of care to uphold, given the risks involved with extracting oil.
They must ensure workers have the following:
- Personal protective equipment
- Fall protection
- Proper training
- A sanitized workspace
- Exit routes and emergency action plans
- Fire protection plans
- Stairways and walkways free of obstructions
- Permits for confined spaces, if necessary, to mitigate the risk of hazardous chemical exposure
This is by no means an exhaustive list of requirements. However, employees could be entitled to compensation if these regulations are violated and they suffer an injury as a result.
How to Recover Compensation from Your Employer
You have two options to recover compensation from a negligent employer: workers’ compensation or a non-subscriber claim. Your options depend on your employer and whether they offer workers’ comp.
Workers’ Compensation
Employers offer workers’ comp benefits if an employee is injured on the job to protect themselves from a potential lawsuit. Workers’ comp claims differ from personal injury claims because you could recover compensation for your injuries regardless of who’s at fault.
However, the damages you could recover are limited. Your workers’ compensation only covers a portion of your lost wages and your medical expenses. Furthermore, you only have 30 days to report your incident and file your claim to receive your benefits.
Non-Subscriber Claim
Texas is unique because it doesn’t require employers to offer workers’ comp benefits like other states. These companies are called non-subscribers, and since they don’t provide workers’ comp benefits, they could be sued if an employee suffers a work injury.
Filing a non-subscriber claim broadens the scope of the available damages you could recover from, which would now include compensation for your physical pain, mental suffering, lost wages, disfigurement, and more. The damages you could recover depend on the severity and extent of your injuries.
Third-Party Liability
Employers aren’t always liable for oilfield accidents. Third parties like equipment manufacturers, inspectors, and other employees could have caused your work injuries. In that case, you could file a personal injury claim to recover from your damages.
Manufacturers
Before your equipment gets to the job site, it’s crafted in a manufacturing facility. Manufacturers might fail to uphold their due diligence. For example, they may ship out a defective product that causes an on-the-job injury or results in a catastrophic explosion.
Equipment like a blowout preventer is vital to balancing pressure when extracting oil. Defective BOPs could result in an uncontrolled release of oil and natural gas, increasing the risk of fires.
Oil rig manufacturers could also be liable if a lack of rig maintenance or poor design caused an accident.
Equipment Inspectors
After equipment is manufactured, it must undergo several inspections to ensure it’s safe for use. Equipment that isn’t appropriately inspected or not inspected at all could malfunction in the field and cause severe injury or death.
Truck Drivers & Owners
Oilfields often have trucks traveling to and from job sites to transport materials. Inexperienced or poorly trained truckers might be unable to navigate safely through a job site, and their negligence could result in an accident on the oilfield.
Contractors & Subcontractors
Oilfield workers might share the job site with employees from other companies like contractors and subcontractors. They could have caused an accident resulting in one or many on-the-job injuries, and the employees or their employer could be liable.
We’ll Find Who’s Liable for Your Oilfield Injuries
There could be several parties at fault for your oilfield injuries. Having an oilfield injury attorney investigate your accident could help you find who’s liable and allow you to pursue total compensation. Kemmy Law Firm has recovered millions of dollars for victims suffering from all types of accidents and injuries.
We’ll listen to the details of your case in your free consultation and explain your next steps. Contact us today at 844-334–4388.
Kemmy Law Firm serves clients across Texas and New Mexico:
Oilfield 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
The post Who Can Be Held Liable if You’re Injured in an Oil Field Accident? appeared first on Kemmy Law Firm.
