If you or a loved one were injured or tragically killed while working at an oilfield in Texas, Louisiana, New Mexico, or elsewhere in the United States, you must understand that time is not on your side.
Drilling companies and their insurers will do almost anything to avoid responsibility and pay you and your family as little as possible. The actions you take in the immediate aftermath, as well as the days and weeks that follow a serious incident, will likely determine whether or not you receive full compensation for all of your injuries and losses.
Notify Your Supervisor Immediately
If you’re hurt while working on an oilfield, stop work immediately and notify your supervisor.
Timely notification is not only required to collect workers compensation benefits, but also documents the work-related nature of your injuries, the timing of the accident, and demonstrates that you took your injuries seriously.
Demand Immediate Medical Care of Your Choice
Even if you think your injuries are minor, you should demand to be checked out by the medical provider of YOUR CHOICE immediately after the accident. Sometimes seemingly minor injuries are the first indication that something is seriously wrong.
Your medical records will also provide powerful documentation of your injuries, your course of treatment, and your prognosis. Oilfield and insurance companies routinely cite an employee’s failure to obtain timely medical care when disputing the severity of injuries and denying valid claims.
Make a Written Account of the Accident for Your Records
At the first opportunity, you should make a written account of the accident for your records, including:
- Everything you remember about the accident, including details you don’t consider important
- The names and phone numbers of any witnesses
If possible, take photos of the accident scene, even if it’s been cleaned up. Also, be sure to preserve any physical evidence in your possession, including the clothes you were wearing when you were injured.
Don’t Place Your Future in the Company’s Hands
Don’t rely on your employer or their insurance company to safeguard your health or your family’s future. No matter how often they promise to “make things right” or “take care of you,” they’re only interested in blaming you for the accident, downplaying your injuries, limiting your recovery to workers’ compensation benefits, and paying you as little as possible.
Some tactics you should expect:
- Insisting that you give a recorded statement
- Destroying or “losing” critical evidence that proves the company was at fault for your injuries
- Hiring private investigators to follow, photograph, and videotape you and your family
- Asserting that you failed to ‘stop work” or perform a complete JSA or Hazard Analysis before starting the job
- Soliciting conflicting statement from you co-worker or outside “experts” in an attempt to discredit you
- Sending you to doctors hired and paid by your employer, their insurance company, or their workers’ compensation provider to minimize the severity of your injuries
- Pressuring you to sign documents releasing the oilfield company from all responsibility for the accident and your resulting injuries
- Using anything you or your family post on social media to dispute the circumstances of the accident or the seriousness of your injuries
Whatever you do, DO NOT give a formal statement, sign ANY paperwork, or accept any money from the company (other than your regular paycheck) before speaking with an experienced personal injury lawyer who has a successful track record representing injured oilfield workers and their families. You should also avoid discussing your accident or injuries on social media, with co-workers, and with anyone other than your attorney or your spouse.
Keep All Medical Appointments and Follow Your Doctor’s Recommendations
It’s imperative that you keep all medical appointments in the weeks and months after your oilfield accident and follow all of your doctor’s recommendations regarding your treatment. You can be confident that your employer, its insurance company, and its workers’ compensation provider will view any skipped appointments or failure to follow medical advice as an opportunity to call your credibility into question and dispute the severity of your injuries.
You should also keep a written record of your care, including co-pays and the cost of any prescription medications and medical supplies related to your treatment.
Contact an Experienced Oilfield Injury Lawyer
You should never attempt to negotiate with the oilfield company or its insurer on your own.
They are not interested in protecting you or your family’s future. They’re only interested in protecting their bottom line and aren’t above delaying or even denying your claim to avoid paying you the compensation you truly deserve.
If you do attempt to negotiate on your own, the insurance company and its attorneys will only continue to downplay your injuries, blame you for the accident, and make inadequate settlement offers. The longer this goes on, the more likely you are to walk away without the compensation needed to cover all of your injuries and losses.
To avoid mistakes that could cost you and your family thousands of dollars, you must hire a personal injury attorney who regularly handles oilfield accident cases, understands the insurance company’s tactics, knows how to locate and preserve vital evidence, and won’t hesitate to go to trial when the company refuses to negotiate in good faith.
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