Oilfield Injury Lawyers

What if Your Loved One Died in an Oilfield Accident?

Texas allows a surviving spouse, child, parent, or personal representative to file a wrongful death lawsuit and pursue compensation on behalf of these surviving relatives.

Texas also allows for survival claims, which are causes of action that arose in a person’s lifetime and survived that person’s death. If your loved one’s personal injury claim survived their passing, then a family member, their estate, or their legal representative can continue that claim for compensation. This is a separate action from the family’s wrongful death claim.

New Mexico allows the personal representative of your relative’s estate to file a wrongful death claim and seek compensation for the surviving spouse and children. If your loved one did not leave behind a spouse or child, compensation goes to the parents or siblings.

Also, if your loved one was covered by workers’ compensation insurance, talk with an oil field injury lawyer about filing a claim for survivors’ benefits. In New Mexico and Texas, you may be entitled to compensation for funeral and burial expenses and lost future income.

Determining Liability & Oilfield Employer Negligence

After being hurt or losing a relative in an oilfield accident, it is essential you determine who was responsible. In some circumstances, information regarding fault will not enable you to pursue compensation. If a coworker or your employer is to blame, and you are covered by workers’ comp insurance, then your sole remedy is a workers’ compensation claim. You cannot sue your employer for negligence.

However, if someone from outside of your employer caused you harm, then you can file a third-party liability claim, whether or not you have workers’ comp insurance. If you do not have workers’ comp coverage, then the law allows you to sue your employer.

How Long Do You Have to File an Oilfield Injury Claim?

If your oilfield accident took place in Texas, you have two years to file a lawsuit. If it took place in New Mexico, you have three years. These time limits are known as statutes of limitations, and they begin to run the day you suffer your injuries.

Oilfield Accident Claims Process

Kemmy Law Firm is here to guide you through the claims process, including:

• The Investigation: All of the available evidence will be collected and analyzed to determine who is responsible for your oilfield injuries.
• The Workers’ Comp Analysis: If you have workers’ compensation insurance, the state Workers’ Comp Bureau will review the facts and make a finding regarding your claim.
• Third-Party Liability/Non-Subscriber Claim: If the law entitles you to file a lawsuit against your employer, a third party, or both you must give the insurer notice of your claim within a reasonable amount of time.
• Insurance Negotiations: Many injury claims are resolved through an insurance claim before trial. The insurance adjuster will likely offer you a settlement, but do not immediately say yes. It is better to consider whether the settlement fairly compensates you. In most cases, it will be for less than what’s appropriate in your case. An oilfield accident attorney is better equipped to enter negotiations and pursue a higher amount.

Oilfield Accidents in Midland, Odessa, TX, Hobbs, NM, and the Permian Basin

Oil and gas production in the Permian Basin have skyrocketed in the past eight years. Since August 2011, production in the Permian Basin quadrupled. At one point, the region was producing 4 million barrels per day. Growth may be slowing down in the Permian Basin recently, but it is still the top producer of oil and gas for the U.S.

The constant exploration, extraction, and production activities not only impact the lives of residents in southwest Texas and southeast New Mexico, but nationwide. Oilfield workers face hazardous conditions and risks of devastating accidents on the job every day. The roads throughout the area are dangerous for workers and personal motorists alike. The Texas Department of Transportation reported 11% of all traffic fatalities occurred in the Permian Basin in 2017. There also were 1,457 serious injuries in that area that year.

Oilfield accidents can differ considerably from one to the next. But we see many similarities in these cases, particularly in regard to oil and gas companies denying liability and insurers pushing to pay out less than claims are worth. By working with an oilfield injury lawyer, you have someone who can and will take a critical look at your circumstances and advise you of your rights. You may have a workers’ comp claim through which you might obtain medical and income benefits. You also may have the right to file a personal injury claim against a third party, which might enable you to gain additional compensation.

Oilfield Injuries & Safety Regulations

The U.S. Occupational Safety and Health Administration (OSHA) regulates health and safety in work environments across the country. There are many OSHA safety requirements oil and gas workers and employees must adhere to. Failing to do so is not only a legal violation, it also increases the risk of workplace accidents, injuries, and fatalities.

OSHA safety regulations are specific to the industry and type of operation. OSHA safety regulations include: