Working in the Texas oilfields can be a dangerous job, with workers facing risks from heavy machinery, hazardous materials, and unpredictable conditions. When an accident occurs, the consequences can be severe, leading to life-changing injuries or even fatalities. As a Texas oilfield injury lawyer, our firm is dedicated to helping injured workers and their families navigate the complexities of personal injury claims. We are committed to securing the compensation you deserve for medical expenses, lost wages, and other damages, ensuring your rights are protected throughout the legal process.
Texas is home to one of the largest oil and gas industries in the United States, and with that comes a higher risk of oilfield accidents and injuries. Oilfield injury law in Texas encompasses various legal principles and regulations designed to protect workers and ensure they receive compensation when accidents occur. Understanding these laws is crucial for workers and their families to know their rights and navigate the legal process effectively.
Unlike many other states, Texas does not require private employers to have workers’ compensation insurance. This means that if your employer does not provide workers’ compensation coverage, you may need to file a personal injury lawsuit to seek compensation for your injuries. However, if your employer does carry workers’ compensation insurance, you are generally limited to the benefits provided under the policy, which typically include coverage for medical expenses and a portion of lost wages but do not account for pain and suffering or other non-economic damages.
If your employer does not have workers’ compensation insurance, or if a third party (such as a contractor, subcontractor, or equipment manufacturer) is responsible for your injury, you may be able to file a personal injury lawsuit. These claims can provide compensation for a wider range of damages, including full medical costs, lost wages, pain and suffering, and punitive damages in cases of gross negligence or willful misconduct. To succeed in a personal injury claim, you must prove that the defendant was negligent and that their negligence directly caused your injury.
In many oilfield accidents, multiple parties may share responsibility for the injuries sustained. For instance, if defective equipment caused an accident, the equipment manufacturer might be liable. Similarly, if a subcontractor failed to adhere to safety protocols, they could be held accountable. Third-party liability claims can be complex and require a thorough investigation to determine all responsible parties and establish their level of fault.
Proving negligence is often a key component of oilfield injury cases. This can include demonstrating that an employer failed to provide adequate safety training, neglected to maintain equipment properly, or violated Occupational Safety and Health Administration (OSHA) regulations. Texas courts consider whether an employer or third party failed to exercise reasonable care and whether this failure directly resulted in the injury.
OSHA sets forth numerous safety regulations designed to protect workers in hazardous environments like oilfields. These regulations cover a range of safety measures, including proper equipment usage, emergency procedures, and hazard communication. If an employer violates OSHA standards and an injury results, this can serve as strong evidence of negligence in a personal injury lawsuit. Moreover, OSHA may conduct investigations and impose fines on companies that fail to comply with safety regulations.
In Texas, there are strict time limits for filing an oilfield injury lawsuit, known as the statute of limitations. Typically, you have two years from the date of the injury to file a personal injury lawsuit. However, there are exceptions, and the timeframe may vary depending on the specifics of your case. Missing this deadline can result in losing your right to seek compensation, making it critical to consult with an attorney as soon as possible after an accident.
Texas follows a modified comparative fault rule, meaning that if you are partially responsible for your injury, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your compensation will be reduced by 20%. However, if you are found to be more than 50% at fault, you may not be entitled to any compensation at all. This rule makes it essential to work with an experienced attorney who can effectively argue on your behalf to minimize any assigned fault.
Understanding oilfield injury law in Texas is crucial for protecting your rights and pursuing the compensation you deserve. Whether through workers’ compensation, a personal injury lawsuit, or a third-party claim, knowing the legal landscape can help you navigate the aftermath of an oilfield accident more effectively. Consulting with a knowledgeable Texas oilfield injury attorney can provide guidance and support throughout the process, ensuring that your case is handled properly and your rights are fully protected.
In August 2017, Shawn Harmon was employed by Cactus Wellhead. As part of his employment, he installed tubing heads on well sites. During the installation of the tubing head, Harmon put his hand on or near the eye of the tubing head to remove it. Without warning, a coworker operating the forklift raised the boom without first checking if it was safe to do so. Typically, the person operating the forklift should get the “all clear signal” prior to raising the blades. This act of negligence led to Harmon’s left thumb being pinched between the lift eye and the lift eye bolt. In the process, the tip of Harmon’s thumb was severed. His injuries were so severe that he required immediate medical and surgical intervention.
Labor Day is more than just a three-day weekend in September. It is a national U.S. holiday that honors the American labor movement, and the contributions workers have made to the strength, prosperity, laws, and well-being of the country. The labor movement grew out of the need to protect the common interests of workers across all industries. The movement’s long lasting effects continue to protect workers all over the United States from workplace injuries.
If you’ve been injured in an oilfield accident, a Texas Oilfield Injury Attorney can provide crucial assistance to help you navigate the complex legal landscape and secure the compensation you need.
An attorney will start by evaluating the specifics of your accident, determining the strength of your case, and identifying all potentially liable parties. They will gather and preserve evidence, such as accident reports, medical records, and witness statements, and work with experts to establish negligence or fault. This thorough assessment is crucial for building a strong case, whether it involves workers’ compensation claims, personal injury lawsuits, or product liability claims.
Your attorney will manage all communications with insurance companies and opposing parties to ensure you receive a fair settlement. If negotiations fail, they will file a lawsuit on your behalf and navigate the complexities of the legal process, including discovery, filing motions, and representing you in court. Throughout, they aim to maximize your compensation by accounting for all damages, such as medical expenses, lost wages, and pain and suffering.
An experienced attorney is dedicated to maximizing the compensation you receive for your injuries. They will meticulously calculate all potential damages, including current and future medical expenses, lost wages, pain and suffering, and other losses. By thoroughly preparing your case, negotiating aggressively with insurance companies, and presenting a compelling argument in court if necessary, your attorney ensures that you are fully compensated for the impact of your injuries on your life.
By focusing on these key areas, a Texas Oilfield Injury Attorney can significantly enhance your ability to recover fair compensation and support you in rebuilding your life after an accident.
A “No Win, No Fee” agreement means that you do not have to pay any upfront legal fees to hire an attorney to represent you in your oilfield injury case. Instead, we only get paid if we successfully recover compensation for you, either through a settlement or a court verdict.
Choosing experienced trial lawyers can greatly impact the outcome of your oilfield injury case. With a deep understanding of the law, strong courtroom skills, and a commitment to your best interests, our oilfield injury lawyers are well-equipped to handle the complexities of work injury claims and fight for the compensation you deserve.
Yes, there is a statute of limitations for filing an oilfield workplace injury claim in Texas. Generally, you have two years from the date of the injury to file a personal injury lawsuit. However, certain circumstances, such as the discovery of an injury later or if the case involves a minor, could affect this time frame. It’s crucial to consult with an attorney as soon as possible to ensure that you meet all legal deadlines and preserve your right to seek compensation.
Yes, you can still pursue an oilfield lawsuit while receiving workers’ compensation benefits. Workers’ compensation provides benefits for workplace injuries, but it typically does not cover all damages, such as pain and suffering or punitive damages. If a third party (such as an equipment manufacturer, contractor, or another entity) is partially or wholly responsible for your injury due to negligence, you can file a separate personal injury lawsuit against them. This allows you to seek additional compensation that is not available under workers’ compensation.
If you file an oilfield injury lawsuit, you may be eligible to recover various types of compensation, depending on the specifics of your case:
Common OSHA violations in the oilfield include failure to provide proper safety training, inadequate fall protection, improper use of equipment, lack of personal protective equipment (PPE), and failure to maintain safe work environments.
Not necessarily. Many oilfield injury lawsuits are resolved through settlements, where both parties agree on compensation without going to court. However, if the defendant refuses to offer a fair settlement or disputes liability, your attorney may advise taking the case to trial. Going to court may be necessary to ensure you receive the compensation you deserve, especially if significant damages are involved.
Oilfield work is inherently dangerous and involves several hazards that can lead to serious injuries or fatalities. Some common oilfield hazards include:
Understanding these hazards is crucial for implementing effective safety measures and preventing accidents in the oilfield.
Yes, if a loved one has died due to an oilfield accident caused by negligence, you may be able to file a wrongful death claim. These claims are meant to compensate surviving family members for their loss and can cover damages like funeral expenses, loss of financial support, loss of companionship, and emotional suffering. It’s important to consult with an experienced attorney to understand your rights and determine the best course of action based on the specifics of your case.
The Carlson Law Firm has handled hundreds of oilfield accident cases, giving their lawyers a deep understanding of the complexities involved in these situations.
We work tirelessly to ensure clients receive full compensation for all damages, including medical expenses, lost wages, and pain and suffering.
Our team is committed to providing compassionate, individualized attention throughout the legal process, keeping clients informed and supported at every step.
It’s important to take control of your situation after an oilfield accident, as companies and their insurers often prioritize their own interests. They may try to minimize their liability and push for a quick return to work, potentially jeopardizing your recovery. You might encounter tactics such as:
By consulting with an experienced oilfield injury attorney, you can ensure that your rights are protected and that you receive fair compensation for your injuries and losses.
If you’ve been injured in an oilfield accident, pursuing a lawsuit can be an essential step toward securing the compensation you need for medical expenses, lost wages, and other damages. Understanding what to expect during the legal process can help you feel more prepared and confident as you move forward. Here’s an overview of the key stages involved in an oilfield injury lawsuit:
The first step in pursuing an oilfield injury lawsuit is to consult with an experienced Texas oilfield injury lawyer. During this initial meeting, your lawyer will evaluate the details of your case, including the circumstances of the accident, the extent of your injuries, and any evidence you have gathered. They will advise you on the strength of your case, the potential compensation you could receive, and the next steps to take.
Once you decide to proceed with a lawsuit, your lawyer will conduct a thorough investigation of the accident. This process includes collecting evidence such as accident reports, medical records, photographs of the scene, equipment maintenance logs, and witness statements. They may also work with experts in fields like engineering, medicine, or safety to build a strong case. The goal is to establish liability and prove that negligence or misconduct led to your injury.
After gathering sufficient evidence, your lawyer will file a formal complaint with the court, officially starting the lawsuit. The complaint will outline the details of your case, the injuries sustained, the parties involved, and the damages you are seeking. Once the lawsuit is filed, the defendant(s) will be served with a copy of the complaint and have a set period to respond, typically 20 to 30 days.
The discovery phase is a critical part of the lawsuit, during which both parties exchange information and evidence related to the case. This process may involve written questions (interrogatories), requests for documents, and depositions, where witnesses and parties involved are questioned under oath. Discovery allows both sides to assess the strengths and weaknesses of the case, gather additional evidence, and prepare for trial.
Many oilfield injury cases are settled out of court through negotiations between your lawyer and the defendant’s legal team or insurance company. During settlement discussions, both parties will attempt to reach an agreement on compensation without going to trial. Your lawyer will negotiate on your behalf to ensure you receive a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a fair settlement cannot be reached, the case may proceed to trial.
If a settlement cannot be achieved, your case will go to trial. During the trial, both sides will present their evidence and arguments before a judge or jury. Your lawyer will present your case, including witness testimonies, expert opinions, and documentation of your injuries and damages. The defendant’s legal team will present their defense. After both sides have presented their cases, the judge or jury will deliberate and issue a verdict.
If the court rules in your favor, you will be awarded compensation for your injuries and other losses. The amount of compensation will depend on several factors, including the severity of your injuries, the impact on your ability to work, and the extent of your pain and suffering. If the defendant is found to have acted with gross negligence or willful misconduct, you may also be awarded punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.
After the verdict, either party has the right to appeal the court’s decision if they believe there was a legal error that affected the outcome. If an appeal is filed, the case will go to a higher court for review. The appeals process can be lengthy and may delay the final resolution of your case. Your lawyer will guide you through this process and help you understand your options if an appeal is filed.
If you win your case or reach a settlement, the compensation will be distributed according to the terms agreed upon or ordered by the court. This may include a lump sum payment or structured payments over time, depending on the agreement or court order. Your lawyer will ensure that all legal fees and costs are deducted appropriately and that you receive your compensation as quickly as possible.
Throughout the lawsuit process, your lawyer will provide ongoing support and guidance, keeping you informed about the progress of your case and helping you make informed decisions. They will handle all legal complexities, negotiations, and court proceedings, allowing you to focus on your recovery.
By understanding what to expect from an oilfield injury lawsuit, you can better prepare for the process and work with your lawyer to achieve the best possible outcome. Pursuing a lawsuit can be a complex journey, but with the right legal representation, you can seek justice and obtain the compensation you need to move forward with your life.
With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.
100 E. Central Texas Expy
Killeen, TX 76541
(254) 526-5688
11606 N. I-35
Austin, TX 78753
(512) 346-5688
135 W. Slaughter Ln, Ste A
Austin, TX 78748
(512) 804-7277
6243 I-10 #550
San Antonio, TX 78201
(210) 696-8600
618 SW Military Dr.
San Antonio, TX 78221
(210) 923-7700
1109 W. Baker Road, Ste A
Baytown, TX 77521
(832) 806-6155
1121 Briarcrest Drive, Ste 200
Bryan, TX 77802
(979) 260-5688
653 Everhart Rd, Ste 105
Corpus Christi, TX 78411
(361) 336-3317
301 Junction Highway, Ste 100
Kerrville, TX 78028
(830) 257-7575
5112 McPherson, Ste 106
Laredo, TX 78041
(956) 712-2588
10101 Quaker Ave
Lubbock, TX 79424
(806) 401-0500
900 Lp 250 Frontage Rd b
Midland, TX 79705
(432) 247-6611
1717 N. I-35 Ste 305
Round Rock, TX 78664
(512) 671-7277
4282 S Jackson St.
San angelo, TX 76903
(325) 238-4322
2010 SW H K Dodgen Loop, Ste 201
Temple TX 76504
(254) 771-5688
2420 I-35 South
Waco, TX 76706
(254) 772-5653
2909 Garnett Ave
Wichita Falls, TX 76308
(940) 285-6333
1500 Rosecrans Ave Ste 500
Manhattan Beach, CA 90266
(254) 516-3570
33rd Ave N Ste 220
St. Petersburg, FL 33701
(727) 373-4655
100 E. Central Texas Expy
Killeen, TX 76541
(254) 526-5688
11606 N. I-35
Austin, TX 78753
(512) 346-5688
135 W. Slaughter Ln, Ste A
Austin, TX 78748
(512) 804-7277
6243 I-10 #550
San Antonio, TX 78201
(210) 696-8600
618 SW Military Dr.
San Antonio, TX 78221
(210) 923-7700
1109 W. Baker Road, Ste A
Baytown, TX 77521
(832) 806-6155
1121 Briarcrest Drive, Ste 200
Bryan, TX 77802
(979) 260-5688
653 Everhart Rd, Ste 105
Corpus Christi, TX 78411
(361) 336-3317
301 Junction Highway, Ste 100
Kerrville, TX 78028
(830) 257-7575
5112 McPherson, Ste 106
Laredo, TX 78041
(956) 712-2588
10101 Quaker Ave
Lubbock, TX 79424
(806) 401-0500
900 Lp 250 Frontage Rd b
Midland, TX 79705
(432) 247-6611
559 S I-35 Frontage Rd Ste 250,
Round Rock, TX 78664
(512) 671-7277
4282 S Jackson St.
San angelo, TX 76903
(325) 238-4322
2010 SW H K Dodgen Loop, Ste 201
Temple TX 76504
(254) 771-5688
2420 I-35 South
Waco, TX 76706
(254) 772-5653
2909 Garnett Ave
Wichita Falls, TX 76308
(940) 285-6333
1500 Rosecrans Ave Ste 500
Manhattan Beach, CA 90266
(254) 516-3570
333 33rd Ave N Ste 220
St. Petersburg, FL 33701
(727) 373-4655
