Published by Schmidt & Clark, LLP is dedicated to protecting the rights of the American oil field worker and is one of the only firms willing to handle this type of complex litigation throughout the entire United States.
Table Of Contents
- What Should I Do Immediately After an Oil Field Accident?
- Compensation for Serious Oil Field Injuries
- What Causes Oil Field Injuries?
- Types of Oilfield Accidents
- Types of Common Oilfield Injuries
- Oilfield Accident Statistics
- Workers Compensation Insurance
- Devastating Oil Field Explosions in Oklahoma
- Suing in Oil Field Injury Cases
- Recent Changes in Oil Field Safety Regulations
- Do You Need an Oil Field Accident Lawyer?
- FAQs
- Get a Free Oil Field Accident Lawsuit Evaluation With Our Lawyers
What Should I Do Immediately After an Oil Field Accident?
After an oil field accident, seek medical attention, report the incident to your supervisor, document the scene and injuries, and consult an experienced oil field accident lawyer for legal guidance. Here’s a detailed guide on what to do:
1. Ensure Immediate Safety
- Assess the Situation: Calmly evaluate your surroundings to determine if there are ongoing hazards such as fires, leaks, or unstable equipment.
- Secure the Area: If safe, shut down any machinery, contain spills, and alert coworkers to potential dangers. Activate emergency response protocols as necessary.
2. Call Emergency Services
- Contact Authorities: Dial 911 or the appropriate emergency number for your location. Provide clear information about the accident and any injuries.
- Follow Instructions: Listen carefully to emergency responders and follow their instructions until they arrive.
3. Seek Medical Attention
- Immediate Evaluation: Even if you feel fine, seek medical attention promptly. Injuries may not be immediately apparent due to adrenaline or shock.
- Document Medical Care: Document all medical evaluations, treatments, and prescriptions. This documentation is essential for future claims related to workers’ compensation or personal injury.
4. Report the Incident
- Notify Your Supervisor: Report the accident to your immediate supervisor immediately. Be honest and detailed about what occurred.
- Complete an Incident Report: Fill out a formal incident report that includes specifics such as the date, time, location, and circumstances surrounding the accident.
5. Document the Scene
- Gather Evidence: Take photographs of the accident scene, any visible injuries, and equipment involved. This evidence can be crucial for legal proceedings.
- Witness Statements: If there were witnesses, obtain their contact information and statements while their memories are fresh.
6. Consult an Experienced Oil Field Accident Lawyer
- Legal Guidance: Contact a lawyer who specializes in oil field accidents to discuss your case. They can provide advice on how to navigate workers’ compensation claims and potential lawsuits.
- Avoid Speaking with Claims Adjusters: Do not provide statements to insurance adjusters without consulting your attorney first. Anything you say can be used against you in claims negotiations.
7. Follow Up on Medical Care
- Keep Appointments: Attend all follow-up medical appointments and adhere to prescribed treatments.
- Maintain Records: Keep copies of all medical records related to the accident for future reference in claims processes.
8. Implement Corrective Actions
- After addressing immediate concerns, work with your employer to ensure corrective actions are taken to prevent future accidents. This may involve reviewing safety protocols or addressing equipment malfunctions.
By prioritizing safety, seeking medical attention, documenting the incident thoroughly, and consulting with legal professionals, you can navigate the aftermath of an oil field accident more effectively.
Compensation for Serious Oil Field Injuries
Oil and gas companies employ tens of thousands of people in oil fields and refineries throughout the U.S. However, this lucrative industry comes at a cost.
Serious injuries in the oil industry cost many workers their livelihoods and, in too many cases, their lives.
According to OSHA [11], oil field workers face 7 times the rate of serious injury of all other industries.
If you were injured in the oil field, you have the right to compensation through the filing of a personal injury lawsuit. Contact an experienced oil field injury law firm today at (866) 588-0600 for a free consultation.
Oil Field Injury Settlement Compensation Results
These settlement examples highlight the significant compensation awarded to injured oilfield workers, showcasing the varied circumstances and outcomes of these cases.
Each case demonstrates how negligence or unsafe practices can lead to serious injuries and substantial legal awards.
$2,000,000 Settlement: Scaffolding Fall
- Incident: A worker fell from scaffolding at a natural gas processing facility.
- Cause: General contractor failed to ensure a safe distance during system testing.
- Outcome: The jury awarded $2,000,000 to the plaintiff for serious injuries.
$1,100,000 Settlement: Drilling Accident
- Incident: Plaintiff sustained severe injuries in an oilfield drilling accident.
- Cause: Defendants failed to implement safe work practices.
- Outcome: Plaintiff received $1,100,000 in compensation.
$1,000,000 Settlement: Severe Head Injury
- Incident: Plaintiff suffered a severe head injury during an oil rig accident.
- Outcome: The case settled for $1,000,000.
$1,000,000 Settlement: Derrick Hand Head Injury
- Incident: A piece of steel fell on a derrick hand, causing a severe head injury.
- Cause: Steel was poorly welded by a third-party contractor.
- Outcome: Plaintiff was awarded $1,000,000.
$350,000 Settlement: Unsafe Operation
- Incident: Plaintiff was injured due to unsafe practices by a third-party contractor.
- Outcome: The jury awarded $350,000 in compensation.
$160,000 Verdict: Dropped Object
- Incident: A worker dropped an object from a drilling rig, striking the plaintiff on the head and shoulder.
- Injuries: Soft tissue injuries to the neck and shoulder; $6,500 in medical bills.
- Outcome: The case went to trial, and the plaintiff received a $160,000 verdict.
What Causes Oil Field Injuries?
Working in the oil and gas industry is inherently dangerous due to the demanding nature of the work, which often involves:
- Extreme Weather Conditions: Employees work in harsh environments that increase the likelihood of accidents.
- Heavy Machinery: Operating and maintaining large, powerful, and often unpredictable equipment pose significant risks.
- Inconsistent Safety Protocols: The lack of standardized safety measures increases the chances of workplace injuries.
- Limited Government Regulation: Insufficient oversight contributes to unsafe working conditions.
Impact of Industry Growth on Worker Safety
The recent boom in the oil and gas industry has driven economic growth but has also taken a toll on worker safety:
- Over 100,000 Workers Affected: A 2024 Statista study highlights the adverse health impacts on oilfield employees [1].
- Fatalities in Texas: In 2012, Texas reported 65 deaths, the highest in a decade. Nationwide, 663 fatal injuries were recorded between 2007 and 2012, with 40% occurring in Texas (Bureau of Labor Statistics, 2023) [2].
Seek Legal Help for Compensation
If you or a loved one suffered injuries in an oilfield accident, you may be entitled to compensation for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Other Damages
If you or a loved one were injured, contact the oilfield accident attorneys at Schmidt & Clark, LLP, today. You may be entitled to seek compensation through a personal injury claim for medical bills, lost salaries, pain and suffering, and more. Contact us today at (866) 588-0600 for a free consultation.
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Types of Oilfield Accidents
According to the U.S. Centers for Disease Control and Prevention study from 2023 [3], the most common types of oilfield accidents include:
- Falls from rigs and equipment
- Equipment failures and/or defective products
- Oil truck accident
- Frac tank mishaps
- Well blowouts
- Explosions and fires
- Toxic chemical spills
- Toxic gas inhalation
Types of Common Oilfield Injuries
As stated in the National Center for Biotechnology and Information study [4] common oil field and oil rig injuries include:
- Head injuries
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Broken bones
- Soft tissue injuries
- Severe burns
- Electrocution
Related Article: Common Oilfield Injuries
Oilfield Accident Statistics
According to a May 2017 E&E News analysis of workplace injury data, the recent explosion of the oil industry has been accompanied by one of the highest injury rates of all occupations [5]. By many criteria, oil field workers have the highest injury rate in the U.S., the researchers found.
2023 data from the Occupational Safety and Health Administration (OSHA) [6] suggests that severe injuries among oil workers are in line with the industry’s high number of injured worker deaths.
It’s not at all surprising,” said former OSHA chief David Michaels. It’s consistent with the very high fatality rate.
The severe injuries sustained by oil and gas workers — defined as those causing hospitalization or loss of a body part — ranged from major burns sustained in explosions to injured hips from falling in the office lobby.
The most commonly reported injury was amputation, most often fingers and fingertips. Next were fractured, mostly of the legs.
Related Article: Oil Rig Death Rate Per Year
Workers Compensation Insurance
If you have been injured in an oilfield accident, you may be confused about whether a workers’ compensation claim covers you.
Because your injury occurred at your place of work, a workers’ compensation claim may be an option.
However, sometimes the amount you could receive is not enough to maintain financial stability while you recover.
According to the U.S. Department of Labor (DOL), It is important to note that each case will be different, but there may be other options available to help you recover maximum financial compensation for oilfield injuries [7].
In most states, employers are not required to carry workers’ compensation insurance. This means that if your employer does not carry workers’ compensation insurance, you will not receive benefits.
Even if they do have this type of insurance, it may not cover everything you need.
Also, you will have a limited amount of time to file a claim.
A workers’ compensation claim can cover financial compensation to accident victims for the following:
- Medical expenses for immediate medical treatment
- Limited compensation for lost wages
- A percentage of medical bills for a permanent impairment
Oil field Worker compensation insurance will provide coverage for medical bills and lost wages while you are out of work, but not for pain and suffering. If someone other than your employer, fellow employee, or you caused your oilfield accident, they are considered a third party. They are not liable to pay the oil field worker compensation claim.
Workers’ Compensation vs. Personal Injury Claims
Understanding the differences between workers’ compensation and personal injury claims is crucial for navigating the legal and financial aspects of workplace and negligence-related injuries. The following is a side-by-side comparison to clarify their key distinctions.
| Feature | Workers’ Compensation | Personal Injury Claims |
|---|---|---|
| Purpose | Provides benefits for work-related injuries | Seeks compensation for negligence or wrongful actions |
| Eligibility | All employees injured on the job | Individuals injured due to another party’s negligence |
| Benefits Covered | Medical expenses, lost wages, rehabilitation | Medical expenses, lost wages, pain and suffering, punitive damages |
| Filing Deadline | Varies by state; generally within 1-3 years | Typically within 1-2 years from the date of injury |
| Legal Representation | Often not required but recommended | Strongly recommended; complex legal processes involved |
| No-Fault System | Yes; no need to prove fault | Must prove negligence or fault of another party |
Common Insurance Company Tactics and How Your Firm Counters Them
Insurance companies often employ various tactics to minimize payouts following oil field accidents. Understanding these tactics can help victims and their families navigate claims effectively.
Tactics Used by Insurance Companies:
- Delay Tactics: Insurers may delay processing claims or responding to inquiries in hopes that claimants will give up or accept lower settlements.
- Low Settlement Offers: Initial offers are often significantly lower than what victims deserve, hoping that claimants will accept them without negotiation.
- Claim Denials: Insurers may deny claims based on technicalities or lack of evidence, even when valid claims exist.
Counter Strategies by Your Firm:
- Timely Follow-Up: Our firm ensures that all communications with insurance companies are prompt and documented to avoid unnecessary delays.
- Thorough Documentation: We gather comprehensive evidence, including medical records, witness statements, and accident reports, to support our clients’ claims.
- Negotiation Expertise: Our experienced attorneys negotiate aggressively with insurance companies to secure fair settlements that reflect the true extent of damages suffered.
- Litigation Readiness: If negotiations fail, we are prepared to take legal action against insurers who refuse to provide just compensation.
Navigating the aftermath of an oil field accident involves understanding the rights of family members, ongoing medical care options, and strategies for dealing with insurance companies.
By being informed about these aspects, families can better advocate for themselves and seek the compensation they deserve during difficult times.
Related Article: When Will Workers’ Comp Offer a Settlement?
Devastating Oil Field Explosions in Oklahoma
The oil and gas industry is fraught with risks, as evidenced by tragic accidents in Oklahoma. These incidents highlight the dangers faced by workers in the field and emphasize the urgent need for improved safety measures. Below are two major incidents that underscore the perilous nature of oilfield work.
5 Workers Dead in Oklahoma Oil Rig Explosion
January 23, 2018 – According to CNN, five people were reported missing and presumed dead after a massive explosion tore through an Oklahoma oil drilling rig, sending plumes of black smoke into the air and effectively totaling the rig [8].
More than 20 workers were at the natural gas well site when the explosion occurred around 8:45 a.m., according to ABC News. Aerial footage showed fires still burning on the collapsed derrick more than 4 hours later.
Pretty much everything that is on location is on fire, said Kevin Enloe, Pittsburgh County Emergency Management Director, in the immediate aftermath of the tragedy.
Emergency workers were pulled out of the area, which also contains several other live wells after several subsequent explosions and aftershocks were reported.
The explosion occurred west of Quinton, Oklahoma, about 100 miles southeast of Tulsa. Firefighters let the fire burn down and weren’t putting water on it to keep from spreading possible hazardous materials at the site.
2 Men Injured in Oklahoma Oil Field Explosion
April 3, 2018 – As stated by Oklahoma News 4, two oil field workers in Wewoka, Oklahoma, were injured when an oil and gas pumping unit exploded near U.S. 270 and State Highway 56 [9].
According to Kevin Greene, Fire Chief of Wewoka, the pumping unit was installed when the oil rig explosion occurred.
Green said The oilfield accident resulted from a motor backfiring and igniting natural gas.
The injured workers were flown by helicopter to a hospital for medical treatment of a serious condition from the oil field injury.
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- Calcasieu Refining Accident Lawsuit
- Complete List of Oil Refineries in Texas
Rising Workplace Injuries Shadow the Boom in U.S. Oil Production
As claimed by the U.S. Energy Information Administration (EIA) in its 2018 report, U.S. crude oil production averaged 10.7 million barrels per day (b/d), up from 9.4 million b/d in 2017 [10].
These numbers are staggering when U.S. oil production was less than 4 million barrels per day a decade ago.
Unfortunately, oilfield mishaps at U.S. drilling sites have resulted in a growing number of oil worker injuries, to the point where these incidents are “affecting not just workers but also shareholders as litigation grows at a rapid clip against the oil and gas companies involved,” according to Barani Krishnan, the senior writer/editor at Investing.com.
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- New Mexico Oil Field Injury Lawyers & Workers Comp Info
Suing in Oil Field Injury Cases
When oil and gas companies do not have workers’ comp insurance, an injured worker may be able to sue for maximum compensation following an oilfield accident.
To successfully sue your employer, workers injured must show oilfield injury lawyers that someone acted negligently and this caused their injury.
For instance, maybe a supervisor didn’t provide proper training or personal protective equipment to employees or a fellow crew member neglected to clean an oil spill.
Personal injury lawyers typically file a third-party liability claim when the negligence of a party other than the plaintiff’s direct employer contributes to the injury or death of a family member.
For instance, if a manufacturing defect caused a platform a worker was standing on to collapse, that person most likely experienced severe injuries.
In that case, oilfield accident lawyers could sue the platform manufacturer for those injuries.
An oilfield injury law firm can sue in a product liability lawsuit to recover medical expenses, pain and suffering, and more.
Key Points to Prove in Oil Field Equipment Liability Cases
To sue the manufacturer or designer of faulty oil field equipment, you must prove one of these products liability points:
- Design defect – The oil company field equipment had a design defect that made it dangerous. The designer could have chosen a safer design. With a safer design, the equipment would still work well and would reduce the risk of injury. An oil field injury attorney could prove that you suffered injuries because of this design defect.
- Manufacturing defect – Perhaps the oil field machinery was well-designed, but the manufacturing plant made a mistake. If a manufacturing defect made the equipment dangerous and resulted in an oilfield injury, you can sue with the help of an oil field accident lawyer.
- Failure to Warn – Sometimes, even the best-designed and constructed oil field equipment is dangerous. However, the manufacturer should warn you about the dangerous aspects of machinery. If the manufacturer failed to post a warning and you had no reason to suspect the danger, an experienced accident attorney could sue for your injuries. Contact Schmidt & Clark, LLP, today for a free case review.
When You Should Take Legal Action?
If you’ve been injured in an oil field accident, you have a limited time to recover compensation for your injuries.
You should take these steps to protect your potential compensation:
- Report your injury to a supervisor
- Seek immediate medical treatment
- Do not return to work if you are injured
- Contact an experienced personal injury attorney
The statute of limitation prevents you from filing a personal injury lawsuit after some time passes.
For example, you only have 2 years to file a personal injury, wrongful death, or product liability lawsuit in most states.
Some exceptions apply to this rule, but you should contact a personal injury lawyer immediately so the statute of limitations doesn’t bar your claim.
Recent Changes in Oil Field Safety Regulations
The oil and gas industry is experiencing significant regulatory changes to improve safety and environmental protection.
Notable upcoming regulations include:
- New EPA Regulations: Effective May 7, 2024, the U.S. Environmental Protection Agency (EPA) will enforce stringent New Source Performance Standards (NSPS) for oil and gas facilities. These regulations focus on reducing fugitive emissions and require operators to implement regular surveys to monitor emissions from various facility types, including well pads and compressor stations.
- MARPOL Annex I Special Areas: Starting January 1, 2025, new restrictions will prohibit the discharge of oil or oily mixtures from ships in the Red Sea and Gulf of Aden, enhancing marine safety and environmental protection.
- Cal/OSHA Lead Standards: As of January 1, 2025, stricter lead exposure regulations will be enforced in California, significantly lowering permissible exposure limits for workers in the oil sector.
These changes reflect a broader commitment to improving safety standards in the oil field, aiming to reduce accidents and protect both workers and the environment.
Updates on Major Oil Field Accident Cases
Recent high-profile accident cases in the oil field industry highlight ongoing safety concerns and the legal ramifications that follow:
- Deepwater Horizon Case: Although it occurred in 2010, ongoing litigation related to the Deepwater Horizon disaster continues to influence safety protocols and regulations. The case has led to substantial settlements for affected workers and families, emphasizing the importance of accountability in the industry.
- Bakken Oil Field Explosion: In July 2023, an explosion at a Bakken oil field site resulted in multiple injuries. Investigations revealed lapses in safety procedures, leading to lawsuits against the operating company for negligence.
These cases serve as reminders of the critical need for stringent safety practices and robust legal protections for workers in the oil field.
By staying informed about these developments, workers and employers can better navigate the complexities of safety regulations in the oil field industry.
Do You Need an Oil Field Accident Lawyer?
If you or a loved one was an injured worker, you need an experienced law firm. Oil companies do not have your best interests in mind.
If you try to negotiate with an insurance company, they may try to take advantage of you by offering you fewer workers comp than you deserve.
When you have a skilled attorney on your side, the oil companies can’t trick you into taking a low settlement.
Your attorney will take these steps to try to get you maximum compensation:
Investigate your accident- Gather available information
- Interview witnesses
- Review your medical records
- Calculate a fair damages request
- Negotiate with the insurer
- Take your case to trial if necessary
Investigate your accidentMost reputable oil field accident attorneys work on a contingency fee basis, which means that you owe nothing until your attorney settles your case or wins a verdict.
A contingency payment structure levels the playing field, so you can hire the best attorney for your case even if you are short on funds.
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FAQs
Who Can Be Held Liable for an Oil Field Accident Injury?
Multiple parties can be held liable, including employers, equipment manufacturers, and subcontractors, depending on the accident’s cause and negligence involved.
Can I Receive Compensation for an Oil Field Accident Injury?
Yes, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages through a personal injury lawsuit or workers’ compensation claim.
Get a Free Oil Field Accident Lawsuit Evaluation With Our Lawyers
The law firm of Schmidt & Clark, LLP is dedicated to protecting the rights of the American oil and gas worker. It is one of the only firms willing to handle this type of complex litigation throughout the entire United States.
Again, suppose you or a loved one has been seriously injured or killed in an oil field accident. In that case, you should contact our oil field accident lawyers immediately by using the form below or calling our law firm toll-free 24 hrs/day by dialing (866) 588-0600 for a free case review and legal advice.
You may be able to recover compensation from an oil company in a lawsuit and our oil field injury lawyers can help.
References:
- https://www.statista.com/statistics/748670/us-injury-and-illness-rate-of-the-oil-and-natural-gas-industry/
- https://www.bls.gov/news.release/pdf/cfoi.pdf
- https://www.cdc.gov/mmwr/volumes/72/ss/ss7208a1.htm
- https://pubmed.ncbi.nlm.nih.gov/16532585/
- https://subscriber.politicopro.com/article/eenews/1060053892
- https://www.osha.gov/severeinjury
- https://www.dol.gov/general/topic/workcomp
- https://edition.cnn.com/2018/01/23/us/oklahoma-gas-well-victims/index.html
- https://kfor.com/news/reports-victim-of-tragic-oil-rig-explosion-told-responders-a-space-heater-was-cause-of-the-blast/
- https://www.eia.gov/outlooks/steo/archives/oct18.pdf
- https://www.osha.gov/oil-and-gas-extraction
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