Oilfield Accident Lawyers in Bismarck, North Dakota

Oilfield Injuries & Safety Regulations

According to the United States Occupational Safety and Health Administration (OSHA), there are many safety requirements and protocols gas and oil workers must follow in order to protect themselves, their colleagues, their supervisors, and the oil field itself. Those who do not adhere to these safety regulations are at an increased risk of suffering severe work injuries and death.

Safety Regulations on an Oilfield

There are several types of OSHA safety regulations in place that oil field workers must adhere to. Some examples of these regulations include:

• Properly labeling hazardous materials
• Ensuring workers have met the minimum training requirements before working on the oilfield
• Ensuring the well is constantly being controlled
• Using respiratory protection, hearing protection, and other personal protective equipment (PPE) on the oilfield
• Supervising workers at all times
• Supervising the floor at all times
• Having first aid kits available at all oil rig worksites
• Having a CPR-trained professional on oil rig and field sites
• Prohibiting jewelry and loose or flammable clothing
• Wearing proper safety footwear, eye protection, and hard hats at all times
• Properly installing, maintaining, and testing blowout prevention equipment
• Ensuring equipment and machinery meet OSHA’s minimum standards
• Giving staff the necessary full protection gear if they are working 10 or more feet above the lower
• Providing body wash and emergency eyewash stations on oilfields and rigs

Common Oilfield Accidents

Oilfield accidents in Bismarck, North Dakota can take many forms. Some of the most common types of oilfield accidents include:

• Confined space collapses
• Crush injuries
• Drilling accidents
• Falls from elevated heights
• Fracking accidents
• Gas refinery accidents
• Hazardous material exposure
• Machinery and equipment failures
• Machinery and equipment malfunctions
• Oilfield explosions
• Oilfield fires
• Oil refinery accidents
• Oil truck accidents
• Oil well blowouts
• Personal protective equipment (PPE) failures
• Poisoning accidents
• Slip and falls
• Struck by falling object accidents

Common Oilfield Injuries

The types of injuries seen in oilfield accidents are often catastrophic. Some examples of injuries include:

• Complex bone fractures
• Surgical amputations
• Nerve damage
• Torn muscles, ligaments, or tendons
• Back and neck injuries
• Herniated discs
• Respiratory injuries
• Whiplash
• Traumatic brain injuries
• Spinal cord injuries
• Paralysis
• Hearing or vision
• Burn injuries
• Post-traumatic stress disorder (PTSD)

Oilfield Accident Damages

There are multiple ways you can recover the compensation you deserve after an oilfield accident. In some instances, you may be able to file a claim for workers’ compensation benefits. If you are eligible for workers’ comp, you may be able to get your medical expenses covered and access other types of benefits, including vocational rehabilitation benefits and disability benefits, which could cover a portion of your lost income.

If you are not entitled to workers’ compensation benefits, your employer does not carry workers’ comp coverage, or you are an independent contractor, you may instead need to pursue a non-subscriber claim or third-party liability lawsuit.

Here, you can obtain compensation for your economic damages and non-economic damages to account for every single way your life has been affected by your oilfield accident injuries in Bismarck, North Dakota. Examples of the types of damages that could be recovered in an oilfield accident claim include:

• Diminished quality of life
• Loss of future potential earnings
• Physical disability and limitations
• Loss of income
• Loss of employee benefits
• Every medical cost, including future care
• Pain and suffering
• Inconvenience and reputational damage
• Skin scarring and disfigurement
• Emotional trauma and distress
• Personal property damages

Punitive damages may also be awarded if the court system finds the liable party in your case acted with gross negligence or intentionally or willfully caused your injuries. You shouldn’t expect punitive damages, but if you are awarded exemplary losses, it could dramatically increase the total amount of your oilfield accident settlement.

Fatal Oilfield Accidents

Fatal oilfield accidents are not uncommon. If you are interested in seeking justice for your deceased loved one, you need to make sure you have the authority to do so. The decedent’s surviving spouse, children, parents, surviving grandparents, or the personal representative of the decedent’s estate may have the right to file the wrongful death claim in that order, as long as they do so within 30 days.

You must take action for your loved one’s fatal oilfield accident injuries in Bismarck, ND before the statute of limitations expires. According to N.D. Cent. Code § 28-01-18(4), you will have just two years from the date of the decedent’s passing to get your claim filed. Failure to do so means you lose your chance to have your case heard at trial.

Who’s At Fault for an Oilfield Accident?

Examining the cause of your oilfield accident will reveal who is at-fault for your damages. The way in which your accident occurred will help your attorney figure out who is at-fault. Some of the parties most frequently named liable in oilfield accident claims include:

• Oilfield workers
• Your employer
• Your supervisor
• Equipment manufacturers
• The owner of the oil rig
• Equipment designers
• Machinery manufacturers
• Safety inspectors
• Maintenance workers
• Other third parties

Oilfield Accident Claims Process

We are here to help you recover maximum compensation for your losses. Here is a general idea of how the claims process works:

• We open up an investigation into who caused your oilfield accident injuries
• We determine whether you have the right to pursue workers’ comp benefits
• We determine whether you are pursuing a non-subscriber or third-party liability claim
• We file necessary claims with the North Dakota civil court system and liable party’s insurance company, then negotiate for a reasonable settlement

Contact Kemmy Law Firm Today

Your oilfield accident injuries could permanently alter the course of your life. Make sure you are prepared for the fallout. Accessing the compensation and benefits you are entitled to through workers’ comp, non-subscriber, or personal injury claims may be your best opportunity to rebuild your life.

Find out more about what your next steps should be. Schedule your free consultation with our dedicated oilfield accident lawyers in Bismarck, North Dakota at Kemmy Law Firm by filling out our online form or calling our office at (432) 400-0000.