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An oilfield injury lawyer is a personal injury attorney that helps seek compensation for workers who have been injured while working on an oilfield.
Pumping oil from the ground is a demanding task involving long hours and dangerous equipment. This means that these workers have a higher exposure to accidents and injuries than some other professions.
When an accident happens on an oilfield, one of the most attributable reasons is faulty equipment and safety procedure breaches. These types of accidents may be deemed preventable where proper training and protocol. Where a preventable accident occurs because of the negligence of another person or faulty equipment, the injured person may be entitled to seek compensation.
If you or your loved one has been injured in an oilfield accident, call Zinda Law Group at (888) 314-6671 for a 100% free consultation with one of our experienced personal injury lawyers.
What to Do After An Accident
The following steps should be taken to help protect your rights and help you down the line if you pursue a personal injury claim:
1. Seek Medical Attention
Your health is your number one priority. It is essential that you seek medical attention after an accident to assess the extent of your injuries. This will also prove useful when filing a personal injury claim as the medical records will show your injuries.
2. Report the Accident
Generally, the accident should be reported to your employer as soon as possible after it occurred. Preferably on the same day, if not within a day or two of the accident is important.
3. Document the Accident
Documenting the incident in the following ways may help you when it comes to collecting evidence as part of your claim:
- take pictures of the scene of the accident and your injuries.
- take details of any witnesses to the accident
- keep a record of any medical expenses and other expenses arising from your accident.
4. Speak with a Lawyer
If you are unsure about what to do next, an injury attorney may be able to advise you on your next steps. For more information call Zinda Law Group work injury lawyers at (800) 863-5312 for a free consultation and to better understand your position.
Learn More: What To Do After An Oilfield Injury
Onshore and Offshore Accidents
Working in an oilfield is an inherently dangerous job. Workers are surrounded by heavy machinery and equipment. Being at the wrong place at the wrong time can mean being struck, crushed, or caught by such machinery and equipment.
Furthermore, chemicals extracted from drilling are highly combustible. Flammable gases and vapors are copious in an oilfield, and interactions between these gases and vapors with cigarettes or welding tools can mean an explosion. Of course, explosions on an oil rig can easily lead to injuries and death.
Transportation accidents also claim numerous oilfield workers. Workers have a demanding schedule, and, as a result, many workers suffer from fatigue. Unfortunately, many fatigued workers must, after a grueling day, return to their accommodations, which can lead to transportation accidents.
Falls are another source of accidents. Working in an oilfield can mean walking at extreme heights. When walkways are not properly maintained, a worker may simply slip, but, in more severe cases, the worker may fall off the walkway itself leading to severe injury or death.
Common Accident Claims
- Dangerous Equipment Accidents
- Transportation Accidents
- Fire and Explosions Slip, Trip and Falls
- Wrongful death claims
- Crane Accidents
- Pipeline Accidents
- Defective Personal Protective Equipment
Common Types of Injuries
- Hearing loss
- Spinal injuries
- Eye injuries
- Exposure to hazardous chemicals
- Neck, shoulder, back injuries
If your accident was caused by your employer or fellow employee, you will need to prove that their negligence led to the accident in order to claim compensation.
Knowing Your Rights
Whether or not you can pursue a personal injury claim against your employer for an accident at work will depend on whether they have workers compensation or not.
Most states require workers’ compensation, which is the sole remedy for employees who receive injuries on the job. If your employer provides workers’ compensation, then you may pursue compensation this way.
However, if your employer does not have workers compensation, which is not compulsory in some states, you may be entitled to file a personal injury lawsuit against them and seek compensation.
Proving Employer Negligence
To prove negligence on the part of your employer, you must show that the employer:
- acted negligently, and
- their negligence actions directly led to your injury.
To prove this, the employee must show evidence. The evidence must show that had the employer not breached their duty of care that the accident would have been avoidable.
Who can I sue after an accident?
The party you will sue will depend on the circumstances of your accident and injuries. For example:
- If your employer does not provide worker’s compensation, you may be able to sue your employer by way of a personal injury claim. Speaking with an attorney is the best first step in pursuing compensation in the manner.
- If you got injured due to defective machinery or heavy equipment, you may be able to sue the company that created the machinery or equipment.
- If an individual other than your employer caused your injury, you may be able to bring a personal injury lawsuit against that individual.
Each case will vary significantly, this is why speaking with a lawyer will help you understand your positions and if you are in a position to pursue injury compensation.
What is Workers’ Compensation?
Workers’ compensation is essentially an insurance policy for workers who are injured or become ill at work.
Workers’ compensation provides benefits such as medical expenses and lost wages to such individuals. However, the trade-off of receiving workers’ compensation is that the worker will likely be barred from suing his or her employer.
When Can You Sue Outside of Workers’ Compensation?
Despite the purpose of workers’ compensation is to prevent an employee from suing his or her employer, there are cases in which a worker may still sue his or her employer.
As noted previously, if your employer does not provide workers’ compensation, you may directly sue your employer. This type of lawsuit is called a “non-subscriber” claim. Also, if your employer caused your injury through intentional conduct, you may be able to sue your employer.
You may also be able to sue any third parties such as manufacturers or a non-employer individual if they are responsible for your injury.
Filing A Claim
Filing a work accident claim with Zinda Law Group can be broken down into 4 steps:
1. Seek Medical Attention
You will need proof of your injuries when pursuing a claim.
2. Report the Accident
Your employer should be notified of the accident, preferably on the same day, if not possible, it should be reported as soon as possible after that.
3. Document the Accident
Take photographs of the scene, your injuries, take details of any witnesses and keep all receipts of any expenses that are related to your injuries.
4. Speak with a Work Injury Attorney
To learn more about your rights, your case and for help in seeking compensation, speak with a work injury attorney.
Legal Time Limits (Statute of Limitations)
In general, the legal time limit by when an individual can make a personal injury claim for a work accident on an oilfield is two years. This is known as the statute of limitations and means that you will have two years from the date of your accident to file any injury.
Please note, the statute of limitations may vary from state to state; therefore, it is advisable to speak with an accident at work lawyer to learn more about your position.
Settling Your Case
After filing your workers’ comp claim or a personal injury lawsuit, your attorney can help you discuss possible settlement options.
With workers’ compensation settlements, the settlement may address every issue, however, in some cases, it may not address future medical care. It is important to have an experienced work injury attorney to help you fully understand any settlement offer and help you decide whether to accept it.
With a work injury lawsuit, outside of workers compensation, your attorney will negotiate with the other side and keep you informed every step of the way. These settlements usually cover aspects such as:
- Medical bills
- Future medical care
- Pain and suffering
- Loss of income
- Loss of future income
Speak with one of our attorneys today to find out how our contingency fee works.
Frequently Asked Questions
Is my employer responsible for my accident?
Your employer may be held accountable in cases where they breached the duty of care expected of them towards their employees. For example,
- If your employer caused the accident deliberately
- Failed to provide adequate training
- Failed to provide, or provided inadequate, personal protective equipment
Do I get paid if I am out of work after an accident?
That depends on whether your employer has subscribed to workers’ compensation or not. If your employer has subscribed to workers’ compensation, you will likely receive compensation for lost wages.
No Win No Fee Injury Lawyers
Zinda Law group firmly believes that an injury victim should never have to worry about their ability to afford legal representation. That is why we offer free case evaluations, and why you will pay nothing unless we win your work injury case. That is our No Win No Fee Guarantee.
To speak with an injury lawyer about your accident, call us on (800) 863-5312 for a free consultation.
Meetings with attorneys by appointment only.