West Texas Oilfield Accident Lawyer

Why Choose Kemmy Law Firm?

It can be hard to decide which firm to choose when you need an oilfield accident attorney. You’re already dealing with injuries, medical providers, and concerns about your financial stability. You deserve a team of lawyers who stick by your side and do everything in their power to help.

Kemmy Law Firm is a family-run firm with over 50 years of combined experience handling complex personal injury and wrongful death claims.

At our firm, we understand the importance of:

• Conducting in-depth investigations;
• Conducting careful analyses of the evidence;
• Calculating damages with an eye on future medical needs, expenses, and lost wages;
• Hiring necessary medical, economic, vocational, accident reconstruction, and industry experts;
• Filing a personal injury or wrongful death lawsuits;
• Aggressively negotiating fair settlements; and
• When necessary, taking oilfield accidents in West Texas to trial.

Our lawyers have the knowledge, resources, and experience you need to stand up against big oil companies and their greedy insurers. We have never backed down from a fight, and we won’t start now. No matter how who the liable party is, we are not afraid to demand the compensation you deserve.

As a family-owned and -operated firm, we treat every client like a relative. This means you will be treated with kindness, dignity, and respect. Kemmy Law Firm is always here to listen to your concerns, answer your questions, and explain your options. You won’t be left in the dark or made to feel like your time is not important.

We intentionally limit our caseload to ensure each case has our full time and attention. With our team on your side, you’ll receive quality legal representation—from the very beginning to the very end of your case.

Oilfield Accidents in West Texas

There are more than 140,000 oil wells in West Texas, according to the Railroad Commission of Texas (RRC). For perspective: West Texas only covers 14% of Texas in terms of square mileage, yet it contains roughly 46% of the state’s oil wells.

Many oil and gas companies operate in West Texas and the rest of the Permian Basin. As of May 2023, there are more than 300 oil rigs operating in West Texas. 32 companies own these rigs, including Helmerich & Payne, Patterson-UTI Drilling Company, and Ensign Energy Services.

Any number of these companies may be responsible for an accident on their premises. As the industry grows and well-known oil companies invest in West Texas and the Permian Basin, safety and health concerns will climb. There are more wells, more workers, and more work to be done. Workers need proper training, supervision, and well-maintained equipment. Without these resources, accidents will continue to occur.

Transportation accidents are also of great concern to workers and locals. Large commercial trucks are constantly moving between oilfields and refineries, significantly increasing traffic. More traffic means there’s a greater chance of serious and deadly truck accidents.

If you get injured in an oilfield accident, it can be difficult to know who is accountable for your damages. There are often multiple companies at any given site, and more than one of them could have a role in causing your injuries. Kemmy Law Firm is equipped to find the parties responsible and hold them accountable to the fullest extent of the law.

West Texas Oilfield Injuries & Safety Regulations

The U.S. Occupational Safety and Health Administration (OSHA) regulates health and safety in work environments across the country, including oil fields and rigs.

OSHA safety regulations for the oil and gas industry include:

• Minimum training requirements
• Immediate worker supervision
• Rig floor supervision
• Constant well control
• Minimum equipment and machinery standards
• Equipment cleaning and maintenance requirements
• Blowout prevention equipment installed and tested
• Hazardous substances properly labeled
• Hard hats, eye protection, and safety-toe footwear requirements
• Loose or flammable clothing, jewelry that can be snagged, and loose hair prohibited
• Personal protective equipment (PPE) requirements, including hearing and respiratory protection
• Fall protection gear for work 10 feet above the lower surface
• Vehicle minimum distance requirements
• CPR-trained individual and first aid kits at worksites
• Emergency eye and body wash stations
• Immediate accident and injury reporting and treatment
• Accident investigations

Common Types of Oilfield Accidents

According to OSHA, there are many common causes of oilfield accidents in the United States. Kemmy Law Firm will represent oil and gas workers across West Texas who have been injured in:

• Oil truck accidents and other vehicle crashes
• Oilfield explosions
• Oil field and well fires
• Oil well blowouts
• Gas refinery and oil refinery accidents
• Drilling accidents
• Fracking accidents
• Machinery or equipment malfunctions
• Personal protection equipment failures
• Poisoning incidents
• Hazardous material exposure
• Struck-by object accidents
• Slip and falls
• Falls from heights
• Confined space collapses
• Crush injuries

These are only some of the accidents that our firm handles. To learn if you have a claim for compensation after your oilfield accident, call (210) 735-2233 for a free consultation.

Fatal Oilfield Accidents

In cases where someone dies due to an oilfield accident, their loved ones may be able to recover compensation. The state of 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 carry out the actions a person began but did not complete before their death. Say a loved one’s personal injury claim outlasted their life. Their family member, estate, or legal representative can continue their claim for compensation posthumously. Survival claims are different from wrongful death claims.

If your loved one was covered by workers’ compensation insurance, talk with an oilfield injury lawyer about filing a claim for survivors’ benefits as well. In West Texas, you may be entitled to compensation for funeral and burial expenses and lost future income after a loved one passes away from an oilfield accident.

Common Injuries in Oilfield Accidents

Oilfield accidents can cause significant injuries. The attorneys at Kemmy Law Firm are here to help you after your accident whether you have suffered from any of these common oilfield injuries or other types of harm:

• Multiple and complex bone fractures
• Torn ligaments, tendons, and muscles
• Severe lacerations
• Facial and dental injuries
• Traumatic brain injuries
• Hypoxic or anoxic brain injuries
• Whiplash
• Neck and back injuries, including herniated discs, ruptured discs, and fractured vertebrae
• Spinal cord injuries and paralysis
• Respiratory injuries
• Vision or hearing loss
• Fire-related, electric, or chemical burn injuries
• Crush injuries
• Nerve damage
• Traumatic or surgical amputations

Damages in Oilfield Accident Claims

If you’ve been injured in an oilfield accident, you could be entitled to compensation through either workers’ compensation or personal injury claims. Workers’ comp claims are only valid if you are covered by workers’ compensation.

You may be able to file a personal injury lawsuit if any of the following apply:

• Your employer does not provide workers’ comp insurance. This is known as a non-subscriber claim.
• You are an independent oil contractor without workers’ comp.
• The at-fault party is someone from outside of your employer. This is known as a third-party liability claim.

Filing a personal injury lawsuit after a West Texas oilfield accident can give you a settlement to cover all your damages, more than workers’ compensation alone.

Economic and Non-Economic Damages

A personal injury lawsuit allows you to pursue compensation for economic and non-economic damages, including:

• Medical Expenses
• Lost Wages
• Pain and Suffering
• Emotional Distress
• Scarring and Disfigurement
• Disability/Physical Limitations
• Reduced Earning Capacity
• Reduced Quality of Life

Punitive Damages

You can also pursue punitive damages in Texas personal injury lawsuits. Also known as exemplary damages, these damages serve as “punishment” to an at-fault party if you can prove they acted maliciously, recklessly, or intentionally, and that these actions contributed to your oilfield accident.

However, Texas law limits the punitive damages you can recover in a personal injury lawsuit. The limit depends on whichever is greater in your case: a) $200,000, or b) twice the amount of your economic damages plus the amount of your noneconomic damages. The maximum is $750,000.

Say your economic damages are represented by the letter e and your noneconomic damages are represented by the letter n.

Solving the equation 2e+n = ?can determine the maximum amount of punitive damages available.

If 2e+n = $200,000 or less, you can recover up to $200,000 in punitive damages regardless of the answer.

However, if 2e+n = a number greater than $200,000, you can recover that amount in punitive damages. Anything more than $750,000 will be capped at $750,000.

Our Oilfield Injury Lawyers Will Identify Who’s Responsible

After being injured or losing a loved one in an oilfield accident, or related accident, our attorneys are here to help you determine who was at fault. This is essential when you pursue compensation. If you file a claim against the wrong party, your case will be dismissed, and you will have wasted time and effort you could have spent recovering.

In some circumstances, you may not be able to pursue compensation through a lawsuit. For example, if a coworker or 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 unless you do not have workers’ comp coverage.

If someone other than your employer or coworker caused you harm, you can file a third-party liability claim without needing workers’ comp insurance.

Kemmy Law Firm will thoroughly investigate your West Texas oilfield accident. We will gather all the available evidence as soon as possible. We will review the incident report, your employer’s safety record, photos, videos, and eyewitness accounts to build a solid claim for compensation. Our attorneys will also hire any necessary gas and oil experts, engineers, accident reconstructionists, and other experts to establish your case. We will stop at nothing in our fight for you to have a fair and full recovery.

Once we discover who directly caused your oilfield accident and injuries, we will identify who is liable. The liable party for your oilfield injuries may not be the same as the at-fault party. An oilfield company may be liable for an individual’s actions, even if the company did not directly cause the accident.

Oilfield Injury Claims & Lawsuits

The attorneys at Kemmy Law Firm are here throughout the West Texas personal injury process. We help you with the following steps and more:

• Investigation – We will gather all of the available evidence and analyze it thoroughly to find out who is responsible for your oilfield injuries and the full amount of damages you are owed.
• Workers’ Comp Analysis – If you have workers’ compensation insurance, the state Workers’ Comp Bureau will review the facts before they determine how much compensation you can receive.
• Third-Party Liability/Non-Subscriber Claim – If the law allows you to file a lawsuit against your employer, a third party, or both, we will give the insurer notice of your claim within a reasonable amount of time and help you pursue compensation.
• Insurance Negotiations – If the insurance adjuster offers you a settlement, do not immediately say yes, as the offer is likely far less than the appropriate value of your claim. An oilfield accident attorney is equipped to enter negotiations with insurers and argue for a higher amount.

Many oilfield accidents and injury cases are settled before they reach trial. However, oilfield companies and insurers commonly refuse to pay an injured worker or family the true value of their claim. These companies might deny your claim or pressure you to accept a lowball settlement offer.

Our attorneys will advise you to decline the offer when your claim is worth more. Instead of settling for an unfairly low amount, we might recommend preparing for a trial. There, we will establish liability and demand maximum compensation so you can recover fully from your physical, psychological, and financial injuries. With over five decades of combined experience, we are not afraid to go to court. Our West Texas personal injury attorneys know how to persuade and persist.

We have an ongoing record of success. In the past two years, Kemmy Law Firm has won more than $50 million in settlements and verdicts for our clients.

Frequently Asked Questions

What should I do immediately after an oilfield accident?

In order to protect your health, your rights, and your claim for compensation, you must seek immediate medical attention after an oilfield accident. You should also report the incident and your injuries to your supervisor.

Hold onto any evidence, including pictures of the accident scene, medical bills and records, and other documents detailing your injuries and losses. These will be essential later on when you pursue compensation.

How much compensation can I receive in my settlement?

Every case is different, but you can expect to recover a substantial settlement if you have significant injuries or losses. Our oilfield accident attorneys will fight for you to recover the maximum amount possible to cover all of your damages, from ongoing medical bills and other expenses to non-economic damages like pain and suffering. Essentially, the more damages you suffered from your West Texas oilfield accident; the more compensation you might receive.

Are there time limits to filing an oilfield accident claim in West Texas?

According to the Texas statute of limitations, you have up to 2 years after an oilfield accident to file a civil lawsuit or insurance claim. However, if your employer purchases workers’ comp insurance coverage, you might have as few as 30 days to report your injuries.

If your claim is not filed before this deadline runs out, you will lose your chance to have your case heard at trial.

Can I be fired for reporting a safety violation on my jobsite?

No, you cannot be fired for reporting an oilfield accident or any hazardous conditions at work. Worker protection laws prohibit employers from doing so, and your actions could save others.

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.