Don’t Let Workers’ Compensation Bar Your Oilfield Injury Claim Against Third Parties
January 12, 2023
Accidents happen all the time in the oilfield and often have life-changing consequences for all involved. However, due to the worker’s compensation laws’ prohibition on suing an injured worker’s employer for their injuries, recovering financial compensation on behalf of an injured worker comes down to establishing the liability of a third party involved in the accident. When the employer or its employees are not responsible for the accident, it is considered a third-party claim.
An injury claim against a third party, such as the ones discussed in this article, will be a personal injury claim or lawsuit separate from, and over and above, your workers’ compensation claim for benefits.
Below are some common third parties to seek financial compensation from and how their liability can be established.
Equipment Manufacturers
One of the most common third parties involved in oilfield accidents is equipment manufacturers. They can be held liable if the accident was caused by a malfunctioning or defective piece of equipment which caused the worker to become injured. To hold an equipment manufacturer liable for your injuries, an injured worker must show that the manufacturer was aware of the defective equipment before or during the worker’s utilization of the equipment and did not adequately warn the user or fix the issue with the equipment.
Rig Construction Companies
In the case of an oilfield accident involving a rig collapsing, the injured worker may be able to pursue a claim against the construction company that constructed the rig.
Rig Maintenance Companies
On pretty much every drill site there will be a company that is responsible for maintenance and maintaining that drill site. These companies can be found at fault when an injury occurs onsite. Lack of preventative maintenance before colder weather, not properly assessing equipment for damages before use, and unsafe practices may be found to be contributing factors that place liability on the maintenance company. It’s their job to ensure that the drill site is well maintained and their failure to do so can make them liable for injuries that occur on the oil rig.
Transportation Companies
Another third party frequently involved in oilfield accidents is transportation companies responsible for transporting the equipment or materials to the rig or drill site. If an overloaded or improperly secured load caused the accident, the transportation company may be held liable.
Contractors and Subcontractors
If you have ever worked on a drill site you are aware that there are a multitude of various contractors working alongside you. These contractors include drilling contractors, pipeline contractors, fracking contractors, and multiple others. If the accident was caused by the negligence of a contractor, they may be held liable.
Contact an Oilfield Injury Lawyer at Morrow & Sheppard, LLP for a Free Consultation
Morrow & Sheppard, LLP has been wildly successful in recovering financial compensation on behalf of their clients who have been injured by the negligence of third parties in the oilfield. Please do not hesitate to contact our top-rated oilfield injury lawyer at Morrow & Sheppard, LLP today at (800) 489-2216 for a free consultation to discuss your potential oilfield accident claims.
Morrow & Sheppard, LLP represents injured oilfield workers in Texas, New Mexico, and Louisiana including Midland, Odessa, Lubbock, Houston, Hobbs, Carlsbad, Roswell, Baton Rouge, Lafayette, and the surrounding communities, and across the United States.
Hogan Leatherwood is an experienced trial and personal injury attorney representing individuals and their families who have suffered catastrophic injuries such as brain injuries, spinal cord injuries, burn injuries and wrongful deaths of loved ones caused by the wrongful business practices of large companies and corporations. Hogan is regarded throughout the legal industry as a zealous and relentless advocate for his clients. Learn more about Hogan.
- Home
- |
- Oil Rig Fires & Explosions
- |
- Don’t Let Workers’ Compensation Bar...