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Injured oil workers face an uphill battle. Serious injuries may keep you from work, but you may face substantial medical bills for care and treatment. If you were seriously injured, you and your family might need help getting the compensation you need for these kinds of injuries.
The Queenan Law Firm’s oil field injury lawyers in Bryan, Texas represent the victims of oil injuries and their families in cases against the oil company. Our attorneys’ goal is the get you the financial compensation you need to support yourself and your family and pay for the damages you suffered in the accident. If you were injured in an oil accident in or around Bryan, Texas, or if you lost a loved one to an oil accident, call The Queenan Law Firm’s oil field injury lawyers today. Our number is (817) 476-1797.
Suing for Oil Field Injuries in Bryan, TX
In some states, employees injured on the job are forced to file their claim through workers’ compensation. These programs are designed to get injured workers compensation and medical coverage for their injuries, but this compensation is often far lower than the compensation you might be entitled to in a lawsuit.
When filing through workers’ compensation, you typically receive only around 2/3 of your lost wages, and medical care is only covered if it is provided through a doctor your employer chooses. In any workman’s comp. case, the damages you receive do not include coverage for your pain and suffering.
To maximize your damages, you must protect your right to sue and take your case to a court of law instead of filing through workers’ comp. In Texas, most workers are permitted to reject workers’ comp. coverage in their first 5 days at a new job. If you want to protect your right to sue, you must reject coverage.
When you take your case to court, you open the potential to have all damages covered in full, which can include medical expenses, full damages for lost wages, and pain and suffering damages. Pain and suffering is not typically covered through workers’ comp., so you must sue to get these damages.
How to Get Compensation for Oil Worker Injuries in Bryan, TX
When you file a lawsuit for oil field injuries, you typically file it against your employer. You may need to include other responsible parties if the oil field was owned by another company, but your attorney can help you understand which parties need to be joined in the lawsuit to file a strong claim. To get compensation for your injuries, you must demonstrate to the court that the employer was responsible for the harm you suffered, and you must prove the damages you faced.
When proving your employer is responsible, your lawyer will typically prove your employer was “negligent.” Instead of claiming that your employer intentionally harmed you, injury cases are typically based on a theory that the at-fault party failed to use the proper care or skill the situation required, and you suffered injuries because of this. You can sue for intentional injuries, even if you have workers’ comp. coverage, but it is harder to prove those cases.
When proving your employer was negligent, you typically provide evidence of safety violations or other errors in judgment that your employer should have avoided. This can include failing to properly train you or your coworkers, failing to maintain the oil rig or keep it safe, providing workers with unsafe or defective tools or safety gear, or failing to screen workers for drug and alcohol use.
If your employer was responsible for one of these issues or any other issue that demonstrates their negligence, you may be able to recover damages in court – but you must prove what those damages are. The court will generally accept documentary evidence, such as medical bills and bank statements that reflect the costs you faced because of the injuries. Any other damages you can prove, such as the cost of child care or transportation to and from doctor’s appointments, may also be claimed. Your bank records and pay stubs also provide excellent evidence of the wages you lost because of the injury.
Proving pain and suffering is more complex since there is no price tag or receipt for the pain you faced. Each person experiences an injury differently, and so your testimony about the injuries you faced and the suffering you experienced is often the best piece of evidence used to prove your pain and suffering damages.
Other damages you faced can also be claimed, such as the damages from a loved one’s death if you are suing as a family member who lost a loved one to an oil injury.
Bryan, Texas Oil Field Accident Lawyer Offering Free Consultations
If you were injured in an oil field accident in Bryan, Texas or you lost a loved one to an accident in an oil field, contact The Queenan Law Firm today. Our Bryan, TX oil field injury lawyers represent injured oil workers and their families in claims against their employers for workplace injuries. To learn what your case might be worth and start the process of filing for financial compensation, contact our law offices today and schedule a free legal consultation. Our number is (817) 476-1797.