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Working in an oil field or within the oil field industry is hard work. It is also very dangerous work, and workers must be provided with a safe environment in which to do their jobs. Unfortunately, safety is not always an employer’s top priority, and workers get hurt. If you were injured in an oil field accident in Texas, speak to an attorney about what you can do to get fair compensation.
Oil field accidents can be extremely severe. Your employer, manufacturers of faulty tools or equipment, and even negligent coworkers might be involved in your case. Considering how dangerous working in an oil field can be, it should be no surprise that damages in these cases are often significant. Possible accidents might involve exposure to dangerous chemicals, equipment malfunctions, and severe burns. Medical costs, lost wages, serious scarring and disfigurement, and painful trauma should all be assessed. In a select few cases, plaintiffs might be eligible for exemplary damages, which are intended to punish defendants who demonstrate especially egregious behavior.
Get a private case assessment for no charge from our oil field injury attorneys by calling The Queenan Law Firm, P.C. at (817) 476-1797.
Suing for Accidents and Injuries on Texas Oil Fields
Oil fields are not unusual in Texas, and people who live in this state might know more than a few people connected to oil fields or the oil industry. People might not know that oil fields are dangerous places to work, and those who work in oil fields are very often at risk of injuries.
Oil fields are so dangerous because they are rife with heavy machinery and hazardous chemicals and materials. Workers not only need specialized knowledge to operate the machinery, but they must also have proper training, safety gear, and a support system in place to help them if things go wrong. Injuries are not unusual. When they occur, they are often the employer’s fault, but others might be implicated in the case.
If you or a loved one was injured while working in an oil field, you should first get emergency medical attention as soon as possible. Injuries on oil fields tend to be serious, and waiting to seek medical attention may be detrimental to your health and well-being. When you are ready, contact an attorney with experience with these kinds of cases about getting fair compensation.
It is crucial that you speak to a lawyer as soon as possible. First, you want to avoid running afoul of the statute of limitations. According to Tex. Civ. Prac. & Rem. Code § 16.003(a), personal injury claims must be filed no later than 2 years after the plaintiff is hurt. This means that your time limit begins counting down on the very same day as your accident, so time is truly of the essence.
On top of that, hiring a lawyer sooner rather than later may put you in a better position to collect evidence. Evidence has a bad habit of disappearing if not gathered fast enough. Witnesses might move away or forget important details. Physical evidence might be lost or destroyed. Talk to a lawyer as soon as possible.
People Often Responsible for Oil Field Injuries in Texas
Numerous people or entities might be to blame for your accident. Oil field accidents and injuries are often complex, and more than one defendant might be implicated in a subsequent lawsuit. Our oil field injury lawyers can help you review the evidence and speak to witnesses to get an idea of who is to blame and what we need to do to get you fair compensation.
Employers
In many oil field accident cases, negligent employers are at the heart of the problem. Employees might be doing their jobs in the safest, most careful way they know how, but if employers do not make sure the workplace is safe, employees might be operating under very risky conditions.
One common example of employer negligence in oil field accidents is providing inadequate safety gear or safety measures. Basic safety equipment like helmets, gloves, and protective gear should be in good condition and safe to use. Gear that is insufficient to prevent harm (e.g., flimsy helmets, protective clothing that is too small or ill-fitting) may not protect workers, and the employer may be held liable.
Employers are also responsible for identifying and removing hazards in the workplace. This could be as simple as stairs without safety railings or as significant as allowing workers to use old, damaged machinery because replacing it would be expensive. It is the employer’s duty to point out these unsafe conditions and do something about it. It is not unusual for accidents to happen because negligent employers failed to replace or repair faulty equipment or dangerous conditions because doing so would have been expensive or inconvenient.
Equipment Manufacturers
Sometimes, accidents happen because the tools, equipment, or machinery employees need to do their jobs are damaged or defective. This is not always an easy thing to identify. In many cases, defective equipment does not appear damaged or faulty. It is only when the worker tries to use the equipment that the defect is realized. Considering how much heavy machinery and specialized tools are required for work in oil fields, it is no surprise that many accidents stem from unsafe equipment.
If equipment was damaged, it must have been damaged when it arrived at the oil field for use. Damaged equipment is often not obvious, and the equipment might appear safe to use. If it was somehow damaged after it arrived at the oil field, the manufacturer might not be held responsible.
Defective equipment is often poorly designed. While it might not be damaged or broken, it is still unsafe to use because of its design. Establishing unsafe or defective designs often requires expert analysis of the machinery. We need to prove that the equipment could not have been used safely with its current design.
Negligent Coworkers
Oil field workers rely on each other to do their jobs safely. It is not enough for one worker to be careful on the job. They rely on their coworkers to also exercise caution and act in the safest way possible. When coworkers are negligent, others on the job might get hurt.
Intoxicated coworkers are extremely dangerous in this line of work. If a coworker shows up for work under the influence of alcohol or controlled substances, they are highly likely to cause an accident and get someone hurt. We should also think about the possibility of a coworker who intentionally causes accidents. This might happen because they are upset at their employer about something or are otherwise disgruntled. Intentional injuries also can happen because a coworker is in a mental health crisis or not in their right mind.
Remember, if you accept Workers’ Compensation to cover your accident, you likely cannot sue your employer and, by extension, your coworkers. You might only be able to sue a negligent coworker if you waive Workers’ Compensation, which you must do no later than 5 days after the accident.
Damages in Oil Field Injury Cases
Accidents and injuries in oil fields and similar workplaces can be extremely serious. As such, damages in these kinds of claims are often substantial, and a great deal of compensation might be on the line.
Compensatory Damages
Your compensatory damages are awarded to make up for your losses and injuries, including financial costs and subjective personal experiences. Compensatory damages usually include the economic costs of the accident and non-economic injuries that might not be measured in money.
Economic damages in oil field injury cases may involve incredibly high medical bills and lost income from being unable to return to work. Injuries in oil field accidents can be severe. You might be badly injured by some heavy machinery or burned by harsh chemicals or some other hazardous material. Many injured workers need long-term care and deal with lifelong medical complications. It is not unusual to see plaintiffs claim hundreds of thousands of dollars in medical bills alone.
Considering how serious injuries in these cases can be, it is no wonder that many plaintiffs are unable to work after becoming injured. You might be out of work temporarily and lose several months or even years of income. You might instead be permanently incapacitated, and you might never earn an income again. Your lawyer can help you evaluate how much income you lost and may continue losing and add it to your damages claim.
Non-economic damages are related to the painful experiences you went through as a direct result of the accident. You might have been deeply embarrassed being injured in front of colleagues and coworkers, and your professional reputation might have been tarnished. You may claim these injuries as non-economic damages, and the jury may decide what kind of compensation they are worth. You may also claim physical pain from your injuries, which might be quite severe, and the psychological trauma of the accident.
Exemplary Damages
Although far less common, exemplary damages, also known as punitive damages, may be awarded to punish the defendant for especially outrageous behavior. According to Tex. Civ. Prac. & Rem. Code § 41.003(a), we must prove by clear and convincing evidence that the defendant caused harm through gross negligence, fraud, or malice. This is a high burden of proof, and we may need strong evidence to prove your claims. Remember, these damages are rare and very hard to prove.
Under § 41.008(b), exemplary damages are limited in one of two ways, and the greater limitation is the one that applies. First, your exemplary damages may not be more than twice the value of your total economic damages plus an additional amount equal to your total non-economic damages, which may not exceed $750,000. Alternatively, exemplary damages may not be worth more than $200,00.
Possible Oil Field Accidents in Texas
Knowing how your accident occurred can help your attorney determine how to approach the case. It might let us know who might be to blame for the accident, how to obtain evidence, and the legal strategies that may best help your case.
Chemical Exposure
Oil field workers often work with hazardous materials and chemicals. When dealing with oil and gas, workers must be careful about touching or inhaling toxic substances. For example, hydrogen sulfide is a toxic gas often released during production in an oil field. Employees working in confined spaces with less ventilation are at especially high risk of harm. You should also be wary of flammable gases, like benzene, that may be released and can ignite when workers are cutting, welding, grinding, or doing something that might cause friction, heat, or sparks.
Exposure to toxic or flammable gases can lead to illness, skin irritation, burns, and lung damage, among other injuries. These can be severe injuries, and you should get medical attention immediately.
Equipment Malfunctions
Oil field workers require machinery, equipment, and tools when doing their work, and they might be seriously injured if this equipment does not work properly. When machinery fails, or tools do not work as they should, people can get badly hurt, and negligent manufacturers might be held responsible. If you were hurt while using defective equipment, be sure to try to save the defective gear. We need to have it examined by experts who can figure out why the gear malfunctioned.
Burn Accidents
As mentioned before, a lot of the hazardous materials or substances involved in oil field work are highly flammable. Much of the work involves heat or tools that can grind and cause sparks, making the work very dangerous. You and others might be badly burned if things go wrong and flammable substances ignite. We should also take stock of safety gear and protocols designed to prevent burning accidents. If safety rules were violated, it might be your employer’s fault.
Contact Our Texas Oil Field Injury Lawyers to Start Your Case
Get a confidential case evaluation for no charge from our oil field injury lawyers by calling The Queenan Law Firm, P.C. at (817) 476-1797.