As Featured In
If you work in the oil industry long enough, you are likely to face an injury personally, or at least witness a co-worker face injuries on the job. If you were injured or a loved one faced serious injuries while working on an oil rig, you should speak with our San Antonio oil field injury lawyers today.
The Queenan Law Firm’s injury attorneys represent injured oil field workers and their families in lawsuits against their employers, fighting to get victims compensation for serious injuries. Our attorneys can help you seek damages for medical expenses, lost wages, and pain and suffering to help you and your family recover after a serious injury. To schedule a free, no obligation consultation on your case, contact our law offices today at (817) 476-1797.
Suing for Oil Injuries in San Antonio
To sue your employer for injuries, you must meet two general requirements. First, you must have waived your workers’ compensation rights. Second, you must be able to prove that your employer was “negligent” in causing your injuries.
Waiving Workers’ Comp.
Workers’ compensation, in some states, is the required system for compensation after a workplace injury. Instead of proving your case in court, you merely prove that your injury was work-related and you can get some of your medical bills and lost wages covered. However, this typically pays reduced wages, requires you to use a physician you cannot choose, and blocks you from receiving pain and suffering damages.
When you start your job on an oil rig in Texas, you have a limited amount of time to waive your workers’ compensation rights. If you do, you retain your right to sue in court for damages after a workplace injury. This means you need to prove your case to get compensation, which usually requires proving negligence. However, it also opens up the potential to have your damages fully compensated, including 100% of the damages for lost wages and medical expenses, plus damages for pain and suffering.
Proving Negligence
After an injury, you must prove that the defendant in the case was at-fault before the court will order damages. This typically means proving they were “negligent” rather than proving they intentionally harmed you. In cases of intentional harm, you may be able to sue even if you accepted workers’ compensation.
When suing for negligence in an oil injury case, you must prove 4 elements:
- Your employer owed you a duty. This can be the duty to provide you with proper training, safety gear, a safe work environment, or some other duty.
- Your employer breached this duty. This breach can come from a direct failure, a management failure, or a coworkers’ negligence, in some cases.
- The breach caused your injuries. You must be able to link the injury to the employer’s failure; your employer may not be responsible for third-party causes of injury.
- You suffered damages the court can compensate. This means you must be able to prove the damages you faced, such as the cost of surgery, hospital stays, medical imaging, lost wages, and other damages.
If you can prove all of these elements, you may be entitled to compensation. Ultimately, the decision of whether your story is true and satisfies these elements is up to the jury, not the judge. To win your case, you must prove your case “by a preponderance of the evidence,” which essentially means that you must prove that it is “more likely than not” that your story is true.
Common Safety Issues on Oil Fields
The injury cases that arise in the oil industry often result from the same sorts of accidents. Many accidents are common on oil rigs and in oil fields, but most of them do not result in serious injury that requires missed work. Those injuries that do result in serious injuries and missed work often come from one of these types of accidents:
Accidents from a Lack of Safety Gear
If you were not supplied with adequate safety gear, you could face serious injuries. These accidents include injuries that occur when your employer completely fails to provide you with certain pieces of safety gear and from accidents when your employer provides you with dangerous or defective safety gear.
Falling Accidents
Trip and falls over clusters of wires or tools, falls from high ladders, and falls while carrying or lifting heavy equipment are common. The injuries from these accidents can range from mild to severe and can cause substantial health problems.
Explosions and Burns
If a fire breaks out on the oil rig or a blowout causes an explosion, you can face serious injuries, including burns. If you require intense medical care, skin grafts, and other serious treatment, you may be entitled to substantial compensation.
Transportation Accidents
Transportation to and from the drilling site is often provided by your employer. If the vehicles they use or the drivers they hire are dangerous, or if the drivers are overworked or under the influence of drugs or alcohol, you could face serious injuries.
San Antonio, Texas Oil Worker Injury Lawyer Offering Free Consultations
If you or a loved one was injured while working on an oil rig in the San Antonio area, contact our law offices today. The San Antonio oil rig injury lawyers at The Queenan Law Firm represent injured workers and fight to get them the compensation they need after a serious accident. To schedule your free consolation, contact our law offices today at (817) 476-1797.