About five times as many accident injuries occur each year in the workplace than from car accidents
Any occupation that is performed outdoors and around complex equipment is dangerous work. Oil field work is no exception since workers are exposed to falls, explosions, toxic chemicals and other factors leading to tragedy for the oil field worker and their families. According to the U.S. Bureau of Labor Statistics, over 4,000 oil and gas workers are injured each year with more than 100 fatalities.
Oil field workers include roughnecks, tool pushers, drillers, welders, roustabouts, welders, derrick men and crane operators. Many of these jobs are labor intensive.
As is evident, all of these jobs present constant dangers to workers. Despite harsh conditions and the constant demands placed on these workers, employers and oil companies must provide a safe working environment for all its employees.
Because of the presence of so many equipment and machinery, much of it is complicated and requires trained personnel to operate it, and with workers from different specialties operating in the same location or work site, oil field workers are exposed to a variety of conditions that can lead to injuries. Some common causes of oilfield accidents are:
Oil field workers are often ill-treated. Forced to work long hours without rest and under pressure to implement repairs and to produce results, a worker may take unnecessary chances, drive other workers to work harder or faster or ignore safety protocols. Inexperienced and untrained workers are hired who are even more susceptible to injury and to fail to appreciate safety measures or to act to avoid harming other workers.
Safety regulations and guidelines are established by the Occupational Safety and Health Administration (OSHA),and a violation of those standards can be a basis for compensation in some cases. Oil companies also need to have their own safety policies and procedures in place.
The injuries that these workers can suffer include:
Safe monitoring and safety training can help prevent injuries. Still, there are always inattentive workers, those on drugs or alcohol, or defective equipment that can injure and kill workers.
Texas law does not require employers to have workers’ compensation insurance for their employees. If an oil field company does have such coverage, you need only prove you were injured in the course and scope of your employment to recover benefits for medical expenses, lost earnings and for any permanent disability or death for your family based on state guidelines. You must not have been intoxicated when injured or have been fooling around.
Workers’ compensation does not award compensation for pain and suffering and is limited in other areas as well. Workers’ compensation insurers can deny you benefits, delay them or cut them off at a certain point. At this point, you need to retain the services of oil field accident attorney who can protect your rights and claim for benefits.
If your employer did not have workers’ compensation insurance or your injury was caused by the negligence of another subcontractor or by defective equipment, you can bring a lawsuit against your employer or a third-party action against the subcontracting company or the designer and manufacturer of the defective equipment or machinery. These lawsuits do allow you to recover for pain and suffering.
For these claims, you do have to prove that your employer or some other party was negligent in causing your injuries. For instance, a defectively designed tool or machine may have caused your injury, or substandard material was used causing you to fall or be struck by a heavy object. A product designer or manufacturer has a legal obligation to produce a safe product for its intended use with safety features such as safety guards or accessible shut-off mechanisms, or to warn users of known risks. If a product had a defect during manufacturing or assembling, which caused your injury, it may be considered unreasonably dangerous.
Your employer or third party must also provide a safe working environment and adequately supervise and monitor its employees, including having regular safety meetings.
Oil field accidents involve various issues regarding insurance coverage, liability and proof of causation. A thorough knowledge of the oil industry, safety regulations and products liability law is essential if you want the compensation to which you are entitled.
The Austin personal injury attorneys at Byrd Davis Alden & Henrichson, LLP, have extensive experience with oil field accidents and have had outstanding success in obtaining for our clients the compensation they deserve. For over 50 years, our dedicated attorneys have made parties accountable to our clients and brought justice to victims of poor management policies, safety violations, faulty product design or manufacture, and other types of negligent or unlawful conduct.
If you or a loved one was injured in an oil field accident due to the negligent or wrongful conduct of another person or entity, call us today at 512-593-7650 for a no-cost, no-obligation consultation.