The pain shoots through your back as you try to sit up in the hospital bed. You wonder how you'll support your family as you recover from the Permian Basin oilfield accident that injured you when a valve failed under pressure.
At Terry & Thweatt, P.C., our Houston oilfield injury lawyers understand that many workplace accidents involve parties beyond just your employer. When contractors, equipment manufacturers, or service providers contribute to your injuries, you may have access to third-party liability claims beyond workers' compensation.
When Workers' Compensation Isn't Your Only Option
While workers' compensation provides limited benefits regardless of fault, these benefits often fall short of covering the true costs of serious oilfield injuries. Third-party liability claims can significantly enhance your recovery.
Third-party liability claims differ from workers' compensation in several important ways:
- Complete compensation. Unlike workers' compensation, third-party claims allow you to seek full compensation, including all lost income, pain and suffering, and other damages.
- Proving negligence. To succeed in a third-party claim, you must demonstrate that the party failed to exercise reasonable care.
- No statutory limits. Third-party liability claims aren't subject to the same benefit caps found in the workers' compensation system.
- Added investigation. These oilfield accident claims typically require extensive evidence gathering to establish liability.
Common Third Parties in Oilfield Accident Claims
The Texas oilfield industry involves numerous entities working together on a single site. When someone other than your employer contributes to an accident, Texas law allows you to pursue claims against those third parties while still collecting workers' compensation benefits. Identifying these liable parties can help identify potential claims after an oilfield accident.
Equipment Manufacturers and Suppliers
Defects and inadequate warnings about equipment hazards cause many serious oilfield injuries in the Eagle Ford Shale and Permian Basin regions. Common equipment issues include:
- Pressure control failures. When blowout preventers, valves, or wellhead components fail due to manufacturing or design defects, catastrophic injuries can result. Under Texas's strict product liability laws, manufacturers can be held responsible even without proving negligence.
- Dangerous machinery design. Equipment designed without proper guards, emergency shut-offs, or safety features creates unnecessary risks for operators.
- Inadequate warnings. Manufacturers must provide clear warnings about non-obvious dangers. Chemical suppliers who fail to properly label hazardous substances may be liable for resulting injuries.
Contractors and Subcontractors
With multiple contractors often working simultaneously at Texas oilfield sites, coordination and communication are essential for safety. Causes of oilfield accidents may include:
- Site management failures. General contractors responsible for overall site safety may be liable when they fail to address obvious hazards or coordinate work between different crews.
- Specialized service providers. Companies providing specialized services like cementing or well testing may create dangers through improper procedures that deviate from industry standards.
- Transportation companies. Third-party trucking companies transporting equipment or supplies to oilfield sites may be liable if their drivers cause accidents.
Property Owners and Site Managers
Those who control the premises where oilfield work occurs have responsibilities to maintain safe conditions. Oilfield accidents may occur due to the following:
- Known hazards. Property owners who fail to warn about dangers on their land may face premises liability claims. Under Texas Civil Practice and Remedies Code §95.003, property owners remain liable for injuries resulting from hazards they knew about but failed to disclose.
- Unsafe site conditions. Poor site preparation, inadequate lighting, or unstable surfaces may create liability for those responsible for maintaining the property.
- Security failures. In some cases, inadequate security measures leading to criminal activity or unauthorized access to dangerous areas may create liability for property managers or owners.
Identifying Potential Third-Party Claims
Recognizing when third parties may share responsibility for your oilfield injury requires careful examination of your accident circumstances.
Document Everything About Your Accident
Proper documentation forms the foundation for successful third-party claims. Gathering information from the start helps establish liability. Take photos of the accident scene, equipment involved, and any visible hazards if possible. Preserve any broken parts or failed components from the accident.
Collect names and contact details of anyone who observed the accident. Fellow workers often provide valuable witness testimony about safety issues. Similarly, request copies of all incident reports filed with your employer, contractors, or government agencies.
Consult an Experienced Houston Oilfield Injury Attorney
Given the range of companies often involved at Texas oilfield sites, professional legal guidance becomes essential for identifying all potential claims. Contacting an attorney quickly allows for proper evidence preservation and timely investigation.
Our firm analyzes the roles and responsibilities of all parties at the worksite to determine who may share fault for your injuries. This often includes reviewing contracts between companies to identify responsible parties and applicable insurance coverage.
With a complete understanding of all potential claims, we develop a comprehensive strategy that maximizes your total recovery while navigating complex legal relationships between multiple defendants.
Balancing Workers' Compensation and Third-Party Claims
Successfully handling both workers' compensation and third-party claims requires careful coordination to maximize your total recovery.
Statute of Limitations
Texas generally allows two years to file personal injury lawsuits under Texas Civil Practice and Remedies Code §16.003, but different deadlines may apply to workers' compensation claims.
Investigation Periods
Third-party investigations often take longer than initial workers' compensation determinations. Starting both processes promptly helps ensure you receive timely benefits while preserving your rights against all responsible parties.
Settlement and Subrogation Coordination
Resolving third-party claims often involves considerations about ongoing workers' compensation benefits. When you recover damages from a third party, your employer's workers' compensation carrier may have reimbursement rights under Texas Labor Code §417.001-417.004. Our attorneys work to structure settlements that address these competing interests.