Oil Field Injury Lawyers in Phoenix, Arizona

Causes of oil field accidents

Now that we have discussed some of the common kinds of injuries suffered by workers on an oil field, you might be wondering how employers can allow these injuries to happen. The causes can be most broadly categorized as stemming from the negligence of your employer or a defect in the equipment you were using. Knowing the causes of oil field accidents can help you understand what kind of claim you should file.

Your Employer’s Negligence

Many of the kinds of injuries described above have to do with the negligence of the employer; employees in Arizona may have been improperly trained or simply not told about certain safety procedures. Perhaps the employer takes shortcuts when it comes to the maintenance of equipment or the adaptation of new safety standards. We will discuss negligence in more detail later, and why this may not be a reliable legal route for your recovery.

Defective Equipment

Whenever a manufactured product is defective in some way, the manufacturer must take strict liability for the injuries the product causes. There are a few different ways that defective equipment could have caused your injury.

First, the product might have had a defect in its design that made it unnecessarily dangerous. Alternatively, there may have been a defect in the product’s marketing; the manufacturer may not have properly labeled the hazards of the product or how to use the product safely. Finally, there may have been a defect in the manufacturing itself, meaning the product was put together incorrectly and subsequently caused your injury.

Negligence

Usually, when someone owes you a duty of care and fails to keep that duty, a negligence claim is appropriate. Someone can owe you a duty of care by inviting you onto his or her property, by driving you somewhere, or by prescribing you medication. Common examples of negligence claims include medical malpractice and car accidents.

You might think that the employer/employee relationship perfectly fits into that duty of care. However, since injuries in the workplace are so common, there is a streamlined process for compensating injured employees; because that process—worker’s compensation—exists, employees are not usually allowed to sue their employers for negligence. We will discuss worker’s compensation as an alternative to filing a negligence claim later.

Strict Liability

We have already discussed some examples of defective products in strict liability claims. In these claims, a defendant manufacturer automatically takes liability for the damages its product inflicts on the victim. For a products liability claim, the victim plaintiff must prove the following elements:

1. The manufacturer sold a product that the victim plaintiff used.

2. The manufacturer is the commercial seller of the product.

3. The victim plaintiff suffered an injury from using the product.

4. The product was defective when the manufacturer sold it.

5. The product’s defect caused the victim plaintiff’s injury.

An oil field injury lawyer in Arizona will be familiar with these elements and will know how to help you figure out which company is responsible for your injury. Note that you would not be holding your employer liable for this kind of claim, so you would not be barred by worker’s compensation from suing under a theory of strict liability.

What are my legal options?

The difference between the types of claim you might file is also important because you would file your claim against different entities for each claim, and some entities may be guarded from suit. That is, you would likely file a negligence claim in an oil field injury case against your employer and a products liability case against the manufacturer of the equipment that caused your injury. However, your Arizona employer might be immune from your negligence claim because of worker’s compensation.

Worker’s Compensation

Worker’s compensation is a form of insurance for employers that allows employees to receive compensation injuries from work without suing their employers. The employer must use specific guidelines based on the type of injury to determine how much money the employee is owed; the employee then receives that payment in lieu of filing a lawsuit against the employer. Arizona is one of many states that requires its employers to follow the rule of worker’s compensation.

OSHA Violation

OSHA covers workplace safety for most private employers and workers. There is a Federal OSHA plan and there are OSHA-approved state plans. Arizona has adopted the Federal OSHA plan with some unique standards applying to agricultural and construction workplaces.

If your injury was caused by a violation of the OSHA guidelines, such as not being given the correct PPE, you might find your remedy through Arizona’s form of OSHA. Arizona has a comprehensive website that outlines worker’s rights under the statute. An Arizona oil field injury lawyer can help you understand whether your rights under Arizona’s workplace safety statutes have been violated.

Strict Liability

There is also a chance that you might be able to hold the manufacturer of the defective equipment strictly liable if there was some kind of product defect that caused your injury. Talk to an Arizona personal injury lawyer to find out if your oil field injury fits with a products liability theory.

How can I consult with an oil field injury lawyer near me?

There is a limited amount of time to bring your claim, so talk to an Arizona injury lawyer about how your workplace failed to keep you safe as soon as you can. Zinda Law Group attorneys are ready to hear about your injury and how it was caused; we can let you know what legal theory is appropriate for your case and can help you determine your goals for compensation. Call our Zinda Law Group attorneys at (800) 863-5312 and we will schedule your free consultation.

Do not let your employer treat your injury lightly: You have been dealing with medical expenses, missed wages from lost work, and trauma from the injury. Our compassionate attorneys are ready to fight for your rights to get you the compensation you deserve; in addition, our No Win, No Fee Guarantee ensures that you will not pay us unless we win your case for you.

Meetings with attorneys are available by appointment only.