COMMON OILFIELD AND OFFSHORE INJURIES

Oilfield and offshore workers take on a higher level of risk than workers in many other industries. Injuries in these workplaces are often catastrophic, meaning they change the lives of victims forever.

Many oilfield and offshore injuries are caused by:

• Chemical spills
• Electrocutions
• Explosions
• Frac tank incidents
• Transportation accidents
• Well drilling accidents
• Compressor station malfunctions
• Equipment failures
• Fires
• Rig collapses
• Well blowouts

ARE OILFIELD AND OFFSHORE WORKERS COVERED BY WORKERS’ COMPENSATION INSURANCE?

Many employers across the United States are required by law to carry workers’ compensation insurance policies. The specific rules vary by state, but typically, an employer must have a policy when it has a certain number of employees. Thus, most oilfield and offshore employees are covered by their employers’ policies and may seek benefits after a job-related accident.

Keep in mind that independent contractors are not covered by workers’ compensation insurance, but misclassification is a rampant problem. Oilfield and offshore employees misclassified as independent contractors are still generally entitled to benefits when they are injured at work.

Workers’ compensation insurance covers all accident-related injuries, occupational illnesses, and repetitive strain injuries, but you must act quickly. You may be denied benefits if you do not promptly report an injury-causing accident or your discovery of what may be a work-related injury. These policies can also provide death benefits to the surviving family of someone who perishes in an oilfield or offshore accident.

Our oilfield and offshore injury attorneys can assist you throughout the workers’ compensation process and work to get you money for:

• Temporary or permanent disability
• Medical expenses, including out-of-pocket costs, treatments, equipment, and medication
• A portion of lost wages

WHEN SHOULD I CONSIDER FILING A THIRD-PARTY LAWSUIT FOR AN OILFIELD OR OFFSHORE ACCIDENT?

Workers’ compensation insurance can provide the financial lifeline you need to cover many immediate expenses when you are temporarily or permanently unable to work after an oilfield or offshore accident. Even better, fault does not typically matter in a workers’ compensation claim. You do not have to prove negligence, and you can still get benefits if you were partially or completely responsible for the accident so long as you were not intoxicated or you were not trying to injure yourself or others.

Workers’ compensation benefits do not cover non-economic damages, however, and they do not cover the entirety of your lost wages. To recover these damages, you may need to consider a third-party lawsuit. This remedy is only available if the negligence of someone other than your employer caused the oilfield or offshore accident. You cannot sue your employer for damages if you are covered by workers’ compensation insurance.

Third parties who could be liable for oilfield or offshore accident injuries include:

• Landowners
• Contractors
• Rig owners
• Trucking companies
• Fixed offshore platform owners
• Subcontractors
• Rig manufacturers
• Vehicle and equipment manufacturers

Unlike a workers’ compensation claim, winning a third-party personal injury lawsuit does require proving negligence. Should you prevail, you may be able to secure compensation for all lost wages, reduced earning capacity, emotional trauma, pain and suffering, and other damages not covered by workers’ compensation benefits.

I WAS PARTIALLY RESPONSIBLE FOR AN OILFIELD OR OFFSHORE ACCIDENT. CAN I STILL RECOVER COMPENSATION?

Many oilfield and offshore accidents occur due to factors beyond a worker’s control. A worker may be doing everything right but simply be in the wrong place at the wrong time. Still, there are some occasions where a mistake or error in judgment could contribute to an injury-causing accident.

Unless you were intoxicated or were actively trying to harm yourself or another party, you can generally get workers’ compensation benefits even if you were partially or completely at fault for an oilfield or offshore accident. Workers’ compensation policies operate under no-fault rules, so it does not usually matter who (if anyone) was responsible for the incident and resulting injuries.

If you think you may have a case for a third-party personal injury lawsuit, any partial responsibility could impact your ability to recover compensation. In fact, you should assume the defendant will allege you were partially or completely responsible for the accident. In many states, you can still recover some of your damages under comparative negligence rules. Any award will be reduced by your percentage of responsibility (as determined by the court). Some states do not allow you to recover anything if you are at all to blame, so it is important to understand the laws that apply to your case.

Our oilfield and offshore injury lawyers at Potts Law Firm can help you explore all of your legal options after an accident, including what you may be able to recover. We understand how to strategically handle both the workers’ compensation and personal injury litigation processes and will be there to support you every step of the way.