Midland Oil Field Injury Lawyer

A Midland oil field injury lawyer will assess your case, assist you with the legal procedures, and fight to obtain the best possible compensation for your injuries.

Texas is well-known for having an outsized impact on the country, and oil production is just one of the ways it has left its mark on the nation. The Midland area is one of the US’s most productive oil-producing regions. Even though the oil industry contributes significantly to the economy, oil field workers are regularly forced to deal with hazardous situations and the chance of severe accidents.

Although there can be substantial differences amongst oil field accidents, the effects on workers frequently involve severe injury, high medical costs, and lost wages. In many of these situations, the insurance firms lobby for underpayment of claims while the oil and gas companies dispute liability.

Compensation Recoverable From a Midland Oil Field Accident

If you suffer injuries in an oil field accident, you may be entitled to compensation through either the workers’ compensation program or a personal injury lawsuit. If you are insured, you may be able to make a workers’ compensation claim, but you may also be eligible to file a personal injury claim.

You may be entitled to file a personal injury claim if any of the following apply to you:

• Your employer does not offer workers’ compensation coverage
• As a self-employed oil contractor, you are not covered by workers’ compensation
• Your oil field injury is caused by a party other than your employer

Through a personal injury claim, you can seek damages for both economic and non-economic losses. The following losses are frequently recovered in personal injury lawsuits:

• Disability and disfigurement
• Loss of current and future income
• Medical treatment and prescriptions
• Pain and suffering

Punitive damages, also known as exemplary damages, may be granted by the court if you can prove the at-fault party acted recklessly, deliberately, or maliciously. Your potential for punitive damages is capped at a certain amount. In Texas, a jury may elect to award you a maximum of $200,000 or two times your economic losses plus an amount equivalent to any non-economic damages up to $750,000.

Oil Field Wrongful Death Claims in Midland

An oil field accident victim’s surviving spouse, child, parent, or personal representative may file a wrongful death lawsuit in Texas on their behalf and seek compensation. The state of Texas also acknowledges “survival claims,” which are legal claims that surfaced during a person’s life and remained after that person’s passing.

If your loved one was protected by workers’ compensation insurance or has a valid wrongful death claim, talk with an oil field injury lawyer. Consulting with an experienced lawyer may be the best way to ensure you can file a claim for your full survivor’s benefits. In Texas, you can recover this compensation to compensate for funeral and burial expenses as well as lost future wages.

Midland Oil Field Injury Statute of Limitations and Liability

If you were hurt or lost a loved one as a consequence of an oil field accident, it’s critical to determine who is responsible for the damages. If someone other than your employer was responsible for your injuries, you may be able to file a third-party liability claim even if you don’t have workers’ compensation insurance.

If your company doesn’t have workers’ compensation coverage, under Texas law you may be able to sue them. In Texas, you have two years to bring a personal injury claim. Generally, the time begins to run from the day you were injured.

OSHA Safety Standards for Oil field Hazards in Midland

The Occupational Safety and Health Administration (OSHA) of the United States is in charge of overseeing health and safety at workplaces all across the country. Oil and gas employers and workers are required to adhere to specific OSHA safety standards. Failure to do so is against the law and increases the risk of workplace mishaps, injuries, and fatalities.

Safety hazards or dangerous situations, such as car accidents, explosions, falls, being hit by a car, being caught in an accident, and chemical exposures, can result in the death of oil and gas workers. Several laws pertain to employers safeguarding the health and safety of employees engaged in oil and gas operations.

General Industry Standards

OSHA’s General Industry Standards (29 CFR 1910) address matters such as federally recognized standards, surfaces, emergency preparedness, work platforms, hazardous products, personal protective equipment (PPE), first aid, fire protection, and more. All parts of drilling and maintaining oil and gas wells aside from site preparation are governed by 29 CFR 1910.

Construction Standards

OSHA’s Construction Standards (29 CFR 1926) provide information on general safety, life-saving tools, warning signs, trash removal, cutting and welding, fall protection, scaffolds, and excavations, among other things. The only element of oil and gas well drilling and servicing operations that is subject to 29 CFR 1926 is site preparation. The site preparation process includes many responsibilities, such as leveling the ground and excavating trenches.

The General Duty Clause

According to the 1970 Occupational Safety and Health (OSH) Act’s General Duty Clause, every employer is obligated to give each of their workers access to a workplace that is free of known hazards that are killing or injuring their workers or are likely to do so. The General Duty Clause of the OSH Act is relevant if there is a significant risk existing at work that is not addressed by an OSHA rule.

Call us at (361) 882-1612 or fill out our contact form to set up a free consultation to learn more.