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.
If you or a loved one experienced serious injuries following an oil field accident, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to negligence in the oil and gas industry.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Table Of Contents
- Oil Field Accident Lawsuit Overview
- Latest Oil Field Accident Lawsuit Updates
- FDA Reports and Statistics
- Oil Field Accident Injuries & Side Effects
- What Causes Oil Field Injuries?
- Types of Oilfield Accidents
- Do You Qualify for an Oil Field Accident Lawsuit?
- Compensation for Serious Oil Field Injuries
- Workers Compensation vs. Personal Injury Claims
- Devastating Oil Field Explosions in Oklahoma
- What Should I Do Immediately After an Oil Field Accident?
- Statute of Limitations for Oil Field Accident Lawsuits
- FAQs
- 1. Who can be held liable for an oil field accident injury?
- 2. What’s the difference between workers’ compensation and an oil field injury lawsuit?
- 3. How long do I have to file an oil field accident lawsuit?
- 4. What types of compensation can I receive for an oil field injury?
- 5. What evidence is needed to prove negligence in an oil field accident case?
- 6. Can I file a lawsuit if I’m already receiving workers’ compensation?
- 7. What if my employer doesn’t carry workers’ compensation insurance?
- 8. How are oil field accident settlements typically calculated?
- 9. What should I do if an insurance company offers me a settlement?
- Take Action Now: Time-Sensitive Legal Claims
- Reference:
Oil Field Accident Lawsuit Overview
Oil field accident lawsuits typically arise when workers suffer injuries due to unsafe working conditions, equipment failures, or company negligence. These lawsuits target oil companies, equipment manufacturers, and third-party contractors who fail to maintain proper safety standards. According to OSHA, oil field workers face 7 times the rate of serious injury compared to all other industries [1]. Recent settlements range from $160,000 to $2 million, depending on injury severity and negligence involved.
Latest Oil Field Accident Lawsuit Updates
March 2025 – New EPA regulations take effect requiring stringent safety protocols for oil and gas facilities, with increased penalties for companies found in violation of worker safety standards.January 2025 – Cal/OSHA implements stricter lead exposure regulations, significantly lowering permissible exposure limits for workers in the oil sector to reduce long-term health risks.November 2024 – A landmark settlement of $2.4 million was awarded to the family of an oil field worker killed in a West Texas explosion, setting a precedent for future wrongful death cases in the industry.
FDA Reports and Statistics
According to the U.S. Centers for Disease Control and Prevention study from 2023, oil field accidents result in some of the highest workplace injury rates in the United States [2]:
- Over 100,000 workers affected by adverse health impacts (Statista, 2024) [3]
- Texas reported 65 deaths in 2012 alone, the highest in a decade
- 663 fatal injuries were recorded nationwide between 2007 and 2012, with 40% occurring in Texas (Bureau of Labor Statistics, 2023) [4]
According to OSHA data, amputation is the most commonly reported serious injury among oil field workers, followed by leg fractures [5].
It’s not at all surprising,” said former OSHA chief David Michaels. It’s consistent with the very high fatality rate.
Related Article:
Oil Rig Death Rate Per Year
Oil Field Accident Injuries & Side Effects
Oil field accidents can result in catastrophic injuries that have life-altering consequences for workers and their families. As documented by the National Center for Biotechnology and Information, these injuries often require extensive medical treatment and rehabilitation [6].
- Head Trauma: Traumatic brain injuries that can cause permanent cognitive impairment
- Spinal Injuries: Neck and back injuries that may result in paralysis or chronic pain
- Burn Injuries: Severe burns from explosions or fires that require multiple surgeries
- Orthopedic Trauma: Broken bones and soft tissue injuries that limit mobility and ability to work
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.
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- Hydraulic Fracking Injury Lawsuit & Lawyer
- Calcasieu Refining Accident Lawsuit
- Complete List of Oil Refineries in Texas
Types of Oilfield Accidents
According to the U.S. Centers for Disease Control and Prevention study from 2023, 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
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Do You Qualify for an Oil Field Accident Lawsuit?
You may qualify for an oil field accident lawsuit if:
- You were injured while working on an oil field, rig, or related facility
- Your injuries required medical treatment or hospitalization
- The accident was caused by negligence, equipment failure, or unsafe conditions
- The injury occurred within the statute of limitations period (typically 1-2 years, depending on your state)
Related Articles:
Evidence Required for an Oil Field Accident Lawsuit
To build a strong case, you’ll need to gather:
- Medical records documenting your injuries and treatment
- Incident reports filed with your employer and OSHA
- Photographs of the accident scene and injuries
- Witness statements from coworkers or others present
- Employment records showing your work history and earnings
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.
Damages You Can Recover
A successful oil field accident lawsuit may provide compensation for:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Rehabilitation costs
- Permanent disability
- Wrongful death compensation (for families of deceased victims)
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, 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.
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 |
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 [7].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.
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.
Statute of Limitations for Oil Field Accident Lawsuits
The statute of limitations for filing an oil field accident lawsuit varies by state, typically ranging from 1-2 years from the date of the accident. In some states, the clock starts ticking when the injury is discovered rather than when it occurred, which is known as the “discovery rule.”For wrongful death claims, the timeframe usually begins on the date of death rather than the date of the accident. It’s crucial to consult with an attorney as soon as possible after an accident to ensure you don’t miss these critical deadlines.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.Related Articles:
FAQs
1. 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. In many cases, third-party contractors or equipment manufacturers bear responsibility separate from the employer.
2. What’s the difference between workers’ compensation and an oil field injury lawsuit?
Workers’ compensation provides limited benefits regardless of fault but doesn’t cover pain and suffering. A personal injury lawsuit requires proving negligence but can provide significantly higher compensation including medical expenses, lost wages, pain and suffering, and punitive damages.
3. How long do I have to file an oil field accident lawsuit?
Most states impose a 1-2 year statute of limitations for personal injury claims, starting from the date of the accident. This timeframe varies by state, and certain exceptions may apply, so it’s critical to consult with an attorney as soon as possible.
4. What types of compensation can I receive for an oil field injury?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, disfigurement, emotional distress, and in some cases, punitive damages. Family members may seek wrongful death compensation if a loved one died in an oil field accident.
5. What evidence is needed to prove negligence in an oil field accident case?
Successful claims typically require incident reports, medical records, witness statements, photographs of the accident scene, maintenance records for equipment involved, safety violation records, and expert testimony to establish the standard of care and how it was breached.
6. Can I file a lawsuit if I’m already receiving workers’ compensation?
Yes, you can potentially file a third-party lawsuit against someone other than your employer (like an equipment manufacturer or contractor) even while receiving workers’ compensation benefits. This allows you to pursue full compensation beyond what workers’ comp provides.
7. What if my employer doesn’t carry workers’ compensation insurance?
If your employer doesn’t have workers’ compensation insurance, you may have the right to file a personal injury lawsuit directly against them. In some states, employers without required workers’ comp face additional penalties and lose certain legal defenses.
8. How are oil field accident settlements typically calculated?
Settlements are calculated based on medical expenses, lost wages, future medical needs, diminished earning capacity, disability level, pain and suffering, and the impact on quality of life. Settlements generally range from $160,000 to over $2 million depending on injury severity and circumstances.
9. What should I do if an insurance company offers me a settlement?
Never accept an initial settlement offer without consulting an attorney. Initial offers are typically much lower than what your case is worth. An experienced oil field accident attorney can evaluate the offer and negotiate for fair compensation that covers all your current and future needs.Related Articles:
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for oil field accident injuries. In most states, you have only 1-2 years from the date of your injury to file a claim. This statute of limitations means that if you wait too long, you could permanently lose your right to compensation.Evidence crucial to your case, such as witness statements and accident scene documentation, becomes more difficult to obtain as time passes. Acting quickly ensures the preservation of this vital evidence.At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or attorney fees
- Payment only if we win your case
- Decades of experience in oil field injury litigation
Reference:
- https://www.osha.gov/oil-and-gas-extraction
- https://edition.cnn.com/2018/01/23/us/oklahoma-gas-well-victims/index.html
- 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.osha.gov/severeinjury
- https://pubmed.ncbi.nlm.nih.gov/16532585/
- https://edition.cnn.com/2018/01/23/us/oklahoma-gas-well-victims/index.html