Oilfield accidents are some of the most devastating of all workplace incidents, often leading to significant injuries or fatalities that have long-lasting impacts on the victim’s family and their future.
If you or a loved one were injured in the oil field, you might assume that you can only seek compensation through workers’ compensation under Texas law, which will never fully compensate you for your injuries, full medical expenses, and lost wages. However, if another company’s or contractor’s reckless actions contributed to your injuries, you have the right to file a personal injury lawsuit outside of workers’ comp.
Here’s what you need to know about third-party claims and how our undefeated Texas oilfield accident attorneys can help protect your rights and recover the FULL compensation you deserve.
Don’t Limit Yourself to Workers’ Compensation
If you’ve suffered a workplace injury and your employer has workers’ compensation insurance, you might believe that workers’ comp is your only option for compensation. But that’s not always true.
Several exceptions allow an injured oilfield worker to file a lawsuit for additional compensation, including:
- If you were working at a job-site that was unsafe due to the owner’s negligence, also called “premises liability”
- If you were injured due to the negligence of a third party or contractor
- If you were injured because of a defective or dangerous device, tool, or product
In some cases, you may be able to file a personal injury lawsuit against your employer even if they do carry workers’ comp. But it’s crucial that you contact the best oil rig injury lawyer as soon as possible — and NEVER sign anything your company sends you before speaking to legal representation.
Otherwise, workers’ comp coverage will limit you to doctors selected by (and loyal to) your company and will never fully compensate you for your injuries and losses.
What Is a Third Party Claim?
A third-party claim allows injured oilfield workers to seek additional compensation from companies other than their employer who may have contributed to their injuries.
This is especially crucial for workers dealing with significant burn injuries, traumatic brain injuries, and other debilitating conditions caused by a well blowout, explosion, fire or other catastrophic oilfield accident. These injuries often require lifelong medical treatment, result in substantial lost wages, and cause extensive physical, financial, and emotional devastation for families.
Because workers’ comp benefits stop as soon as the company doctor claims you’re able to return to work, and only cover a portion of your lost wages and medical expenses from the company-approved doctor, they will never provide a FULL physical and financial recovery the same way a personal injury lawsuit will.
That’s why a successful third-party claim can mean the difference between securing your family’s financial future or receiving substantially less. You can recover ALL of your damages, including both past and future “economic damages” like medical expenses and lost wages.
Can I File a Third-Party Claim If I Already Filed For Workers’ Comp?
Even if your employer has workers’ compensation, you can still file an oilfield injury lawsuit against any third party, including contractors or subcontractors, whose negligence contributed to the accident.
Who Is Considered a “Third Party” in an Oilfield Accident?
A third party in an oilfield accident could be anyone who is not your employer but whose negligence contributed to the accident. Potential third parties include:
- Equipment Manufacturers: Defective or poorly designed equipment can lead to serious injuries. If a faulty piece of machinery caused your accident, the manufacturer might be liable.
- Oil Rig Construction Companies: If the rig was improperly constructed or maintained, the construction company could be held responsible.
- Rig Maintenance Companies: Regular maintenance is critical to oilfield safety. If a maintenance provider’s negligence resulted in an accident, they might be accountable.
- Trucking Companies: Oilfields rely on a steady stream of supplies and equipment. Accidents involving 18-wheelers and other large transport vehicles can lead to third-party claims against the trucking companies.
- Contractors/Subcontractors: Multiple contractors and subcontractors work on oilfield sites with oil and gas companies outsourcing jobs including excavation, electrical work, engineering, HAZMAT removal, and more.
No matter their job, if any other company’s employees caused your injury, you could file a claim against that company.
How Are Third Parties Held Accountable?
Oilfield workers have an absolute right to a safe workplace. And every contractor working at an oilfield owes a duty of care to ensure the safety of those around them.
However, our experience shows that oilfield accidents, explosions, and injuries are almost always entirely preventable, often resulting from the industry’s systemic disregard for safety regulations and protocols in favor of profit.
When that’s the case, you have the right to hold any third-party contractor or company who puts their bottom line over your safety FULLY accountable.
Using Third-Party Negligence to Prove Your Case
To win a personal injury lawsuit against a third party, you must prove their negligent, reckless actions caused you harm.
Common examples of third-party negligence include:
- Falls: Debris or equipment left in your walking path by another contractor’s employee can cause you to fall. Lack of proper safety equipment, improper training, and rushing jobs may also contribute to these accidents.
- Burns: The heavy use of steam and chemicals at an oilfield can result in serious burns if not handled properly.
- Explosions, blowouts, and fires: Negligent construction or operation of a well can lead to severe blowouts. The presence of volatile hydrocarbons, condensate, and combustible gases make fires, blowouts, and explosions the #1 most dangerous threat to oilfield workers.
- Improper Maintenance and Inspection: Failure by a third party to properly maintain oilfield equipment can result in malfunctions and entirely preventable accidents such as crushing injuries, struck-bys, and more.
- Oilfield Truck & 18-Wheeler Accidents: Workers can be struck by commercial trucks or other vehicles, or injured in an accident near the oilfield due to negligent operation by untrained truck drivers. In fact, truck accidents kill more oilfield workers each year than any other type of accident.
Once hired, our oilfield accident lawyers immediately assemble a team of the best and brightest lawyers, engineers, and safety experts to independently investigate the accident, gather evidence, determine what happened, and prove how it could — and should — have been prevented in the first place.
How Zehl & Associates Can Help File a Third Party Claim After an Oilfield Accident in TX
Navigating the complexities of a third-party claim requires not only an experienced attorney, but a highly-specialized team with the focus, knowledge, and resources to take on the biggest oil and gas companies in the world.
Choosing Zehl & Associates means more than just hiring a firm with a track record of record-breaking verdicts and settlements for oilfield workers:
- We make sure you receive the best medical treatment possible. From locating and ensuring that our clients see the best doctors and medical providers in the country for their injuries, to making sure your medical bills and reasonable living expenses are covered while your case is pending, our oilfield lawyers are here for you every step of the way.
- We understand the oil and gas industry and anticipate the common tactics used by the companies to try to avoid responsibility. Our expertise, along with our experience and success in the courtroom, allows us to maximize our client’s recovery in each and every case we’re involved with.
- We NEVER settle for less than the maximum compensation possible. If a settlement offer doesn’t fully compensate you and your family for ALL your injuries and losses, we take the case to trial, where we remain undefeated, and force the company to pay you what you deserve.
- We don’t just win — we set records. Having successfully represented over 1,000 oilfield accident victims across Texas, Louisiana, New Mexico and the United States, we know what evidence to look for, how to prove the company was at fault, and, most importantly, how to win.
Once hired, we do everything it takes to stand up, fight, and win for you and your family. But don’t just take our word for it. Hear why our clients say: “we’re more than just your lawyers, we’re family.”
Undefeated Texas Oilfield Accident Lawyers: Call 1-888-603-3636 for a Free Consult
Having won Billions, including the #1 largest oilfield accident recoveries in history, our Oilfield Injury Lawyers consistently demonstrate that we don’t just win for injured oilfield workers — we set records.
If you or a loved one were injured or tragically killed in an oilfield accident or explosion, contact our Undefeated Oilfield Injury Lawyers for a Free Consultation at 1-888-603-3636, use the chat form on our website, or send us a confidential email through our Contact Form.
We’ll answer your questions, explain your rights and options, and provide you with the information you need to decide what’s best for you and your family.
All consultations are free and completely confidential, and you won’t pay us a dime unless we win your case.