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 is Negligence?
In oil field injury law, negligence is defined as a failure to take reasonable care to protect someone from harm under the given circumstances. When a party is negligent, they fail to meet a standard of behavior that safeguards others from risk.
Negligence typically constitutes an action, but it may also manifest as a failure to do something that should have been done. Proving negligence in a lawsuit can be tricky, so the guidance of an experienced and knowledgeable lawyer is crucial for victims to get the justice they deserve.
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What Types of Injuries Qualify for Compensation?
Many oil and gas companies put profits ahead of safety, often resulting in bad supervision, faulty equipment, a lack of safety training, and worker fatigue. When oilfield injuries occur, they are often the result of negligence or shortcuts taken by businesses attempting to save money.
Even when oil companies implement proper safety protocols and procedural training, contractors, equipment manufacturers, and other entities can still negligently or intentionally take shortcuts, endangering the lives of oilfield workers.
Oilfield accidents can cause many severe injuries, including (but not limited to):
- Amputations
- Bone fractures
- Severe burns
- Blindness
- Neck injuries
- Spinal injuries
- Hearing loss
- Post-traumatic stress disorder (PTSD)
- Permanent disfigurement
- Traumatic brain injury (TBI)
Who is Liable for Oil Field Injuries?
When oilfield injuries occur, victims may have a right to recover just compensation for their injuries, both through workers’ compensation programs as well as personal injury lawsuits. Different entities may be liable for damages resulting from oilfield accidents, including employers, equipment manufacturers, and other third parties.
Employer Liability
In many cases, the company that is in charge of an oilfield may be responsible for injuries that occur on the job site. Employers are responsible for following safety protocols, providing their workers with proper and up-to-date equipment, and regularly conducting safety inspections of their premises. Failure to meet any of these responsibilities can result in catastrophic accidents and injuries.
Manufacturer Liability
Some oilfield accidents are caused by equipment failures. Machinery malfunctions can result in severe injuries including burns, bone fractures, and crush injuries. If a worker is injured due to an equipment failure, the company that manufactured the equipment may be held liable for producing shoddy machinery.
Machinery malfunctions can also be the result of improper maintenance or a lack of proper safety inspections. The people who are responsible for inspecting and repairing equipment may be held liable for a worker’s injuries.
Third-Party Liability
Oilfield accidents may also be caused by the negligence of third parties. For example, many accidents occur during transportation. A driver could be held liable for damages if their negligence causes an accident with an oilfield worker’s vehicle.
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What Do I Do if I’ve Been Injured in an Oil Field Accident?
If you’ve been injured in an oil field accident, you should alert your supervisor immediately about the situation. This will ensure that there is accurate and timely documentation of the accident.
Next, you should seek emergency medical treatment to have your injuries evaluated. If you fail to seek immediate medical attention, insurance companies may try to contest the seriousness of your injuries.
After seeking medical attention, you should contact an experienced lawyer for legal assistance. The attorneys at Schmidt & Clark, LLP, will be able to walk you through the personal injury lawsuit process.
FAQs
What compensation might I receive from an Oilfield Injuries lawsuit?
Compensation from an oilfield injuries lawsuit can include medical expenses, lost wages, disability benefits, pain and suffering, costs for ongoing medical care, and other related damages. In cases of severe injury or death, compensation may also cover long-term care or loss of earning capacity.
Is there a deadline for filing an Oilfield Injuries lawsuit?
Yes, there are statutes of limitations for filing such lawsuits, which vary by state. It is crucial to act promptly and consult with an attorney to ensure you file within the required timeframe, typically ranging from one to several years.
What evidence is needed to support an Oilfield Injuries lawsuit?
Evidence needed can include medical records showing the extent of the injuries, accident reports, safety records, witness statements, documentation of working conditions, expert testimony, and any communication with the employer regarding safety concerns or the accident.
Can I join a class action lawsuit if I have been injured in an oilfield accident?
While oilfield injury cases are typically handled individually due to the specific nature of each incident, in some situations, workers may join together in a mass tort or class action if the accident affected multiple people in a similar way.
Get a Free Evaluation With Our Lawyers
The law firm of Schmidt & Clark, LLP is dedicated to protecting the rights of the American oil and gas worker and is one of the only firms willing to handle this type of complex litigation throughout the entire United States.
Again, if you or a loved one has been seriously injured or killed in an oil field accident, you should contact our 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 lawyers can help.
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: