In most cases, injured workers can only receive workers’ compensation benefits. However, if you were injured in an oilfield accident caused by a contractor’s negligence, you may also be able to file a third-party lawsuit.
Attorneys Joe Terry and Lee Thweatt fight for the rights of oilfield workers who have suffered serious injuries. With offices in Houston and Galveston, Terry & Thweatt, P.C. has obtained numerous large verdicts on behalf of our clients, and we commit to standing up for you.
Third-Party Lawsuits Increase the Compensation Available for Oilfield Accident Injuries
Texas law prohibits you from suing your employer in a personal injury lawsuit under most circumstances. Your employer has immunity from nearly all negligence-based lawsuits because they are required to carry workers’ compensation insurance coverage. However, workers’ compensation benefits are nowhere near as much as the damages you may receive from a successful personal injury lawsuit because you do not receive non-economic damages, nor are you paid for your full lost wages. In 2024, the maximum weekly payout for worker’s compensation benefits was $1,174.
It is in your best interest to see if there is a responsible third party to sue for your oilfield injury. Increasing your total compensation can help alleviate some of the financial stress caused by your accident, especially if you have been left with a permanently disabling condition or have decided to seek different employment.
Contractors Are Often Present at an Oilfield
Your employer may be one of several companies working at an oilfield. Even if there is one oil company present on an oilfield, they often subcontract work to a number of contractors. For example, the driller may outsource work to other contractors for tasks such as:
- Constructing equipment and rigs
- Inspection and maintenance
- Excavation
- Electrical work
- Operating heavy equipment
- Trucking and hauling
- Engineering
- HAZMAT removal
- Project management and supervision
Any one of these contractors could make a mistake that may injure employees who are working for another company. Then, the company whose workers made the error has no legal relationship with the injured oilfield worker. They have not purchased workers’ compensation insurance for the injured worker that would give them immunity from any lawsuit.
Examples of Potential Third-Party Negligence at an Oilfield
You must prove that the third party was negligent to win a personal injury lawsuit against them. Because you are working in the vicinity, every contractor working at an oilfield owes a duty of care to you.
Some examples of things that could be considered third-party negligence (when another contractor is responsible) include:
- Slip and falls. Another contractor’s employee leaving debris or equipment in your walking path could cause you to fall.
- Burns. There is heavy use of steam and chemicals at an oilfield, and either can cause serious burns.
- Explosions. The well could be negligently constructed or operated at the site, causing a severe blowout.
- Improper maintenance and inspection. A third party may fail to properly maintain oilfield equipment, causing a malfunction and accident.
- Motor vehicle accidents. Workers can get run over or struck at the oilfield by dump trucks or other vehicle operators, or they can be injured in an accident near the oilfield.
How Personal Injury Claims Affect Your Texas Workers’ Compensation Benefits
If you think you might have a third-party personal injury claim, you should still file a workers’ compensation claim after the accident. You must notify your employer within 30 days of the injury to allow you to file a workers’ compensation claim. It could take years for you to receive a settlement check or jury award from a lawsuit, so you will need medical coverage and partial lost wage benefits in the meantime.
If you win or settle your personal injury lawsuit, the workers’ compensation insurance company will need to be reimbursed for the money that it has already paid toward your claim. This is referred to as subrogation or right of reimbursement.
If you lose your personal injury case, you can keep the workers’ compensation benefits that you have been paid. All you need to do to qualify for workers’ compensation benefits in Texas is prove that you have suffered a work-related injury. The workers’ compensation system does not depend on you proving that someone else was negligent.
Why You Need an Experienced Houston Oilfield Accident Lawyer From Terry & Thweatt, P.C.
If you have been injured in an oilfield accident, you need an experienced oilfield accident attorney from Terry & Thweatt, P.C. to represent you. Not only can we advise you of your legal options for compensation, but we can also perform crucial tasks such as:
- Conducting a full investigation of the accident to determine whether you have the ability to file a third-party lawsuit
- Gathering proof that can show that a third-party contractor on the job site was negligent
- Estimating the value of your damages, so you know how much money to seek in compensation
- Filing a lawsuit on your behalf
- Continuing to build your case during the discovery process
- Trying your case in court if you cannot reach a settlement agreement