Free Case Evaluation
craft law firm founders

How to File an Oil Field Injury Claim in Texas

Posted on September 22, 2023

Working in the oil fields can be a high-risk occupation, and when accidents occur, workers often suffer severe injuries. Here is a guide on a worker’s options for compensation and on how to file an injury claim.

Workers’ Compensation Claims

Texas employers are not required to carry workers’ compensation insurance. However, if your employer does provide it, you can receive benefits regardless of who was at fault. Benefits pay for reasonable medical expenses, a portion of lost wages while you recover, vocational rehabilitation to help you return to work or transition to different employment, and more.

After your oil field injury, report it to your employer as soon as possible then seek medical care. They will give you a claim form to fill out. Once you submit it to your employer they must send it to their insurance carrier. Their insurer will review it and notify you whether it is accepted, denied, or partially accepted. If your claim is denied, you have the right to appeal. A work injury attorney can help ensure you receive the compensation you are entitled to.

Personal Injury Claims

If your employer does not carry worker’s compensation, you have the right to file a personal injury claim against them. However, even if your employer does have insurance, you still may be able to file a personal injury claim if a third party (not your employer or co-workers) also contributed to or caused your oil field accident. For example:

  • Contractors and Subcontractors: If a contractor or subcontractor was involved in the project and their negligence contributed to the accident.
  • Equipment Manufacturers: If a defective piece of equipment or machinery played a role in the accident, the manufacturer or distributor may be responsible.
  • Property Owners: If the accident occurred on property not owned by the employer, the property owner may be liable if they were aware of any hazards and failed to address them.
  • Engineers and Design Professionals: If design flaws or engineering errors were a factor in the accident, the responsible professionals or firms may be liable.
  • Maintenance and Service Companies: If a maintenance or service company was responsible for the upkeep and safety of equipment, and their negligence contributed to the accident, they may be liable.
  • Transportation Companies: If the accident involved a transportation component (e.g., trucks, pipelines).
  • Safety Inspectors and Consultants: If a safety inspector or consultant fails to identify and rectify safety hazards, they may be liable for their negligence.

After your injury occurs, report it to your employer and seek medical care. Keep a record of all your medical bills and accident-related expenses. Then consult a trusted Waco work accident lawyer as soon as possible. They can help you gather evidence, build your case, and provide valuable guidance on the best course of action. They will investigate all liable parties and handle all legal aspects of your claim to ensure you receive maximum compensation. Fortunately, most work accident lawyers accept cases on a contingency fee basis, which means there are no upfront costs to retain representation. They will only get paid if you win.