Oilfield Injuries
Oilfield Injury Lawyers in Corpus Christi, Texas
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Understanding Oilfield Injuries
Overview of Oilfield Injuries & Work Hazards
Working in the oilfield industry is one of the most hazardous jobs in America. Workers are exposed daily to a multitude of risks that can lead to serious injuries or even fatalities. Here are some of the most common hazards associated with oilfield work:
- Heavy Machinery: The use of large and complex machinery is commonplace on oilfields. While these machines are essential for drilling and other operations, their operation involves significant risks, particularly if machinery is improperly maintained or operated without adequate training.
- Explosions and Fires: Oilfields are highly flammable environments, that are susceptible to sudden fires and explosions. These incidents can result from equipment failure, improper handling of volatile substances, interactions of chemicals in the drilling process, and sparks.
- Exposure to Harmful Chemicals: Oilfield workers are often exposed to hazardous chemicals including hydrocarbons, drilling fluids, and other toxic substances, such as benzene, toluene, ethylbenzene, xylene (BTEX), and hydrogen sulfide. Prolonged exposure can lead to chemical burns, respiratory problems, and other serious health issues. Long-term exposure can also lead to serious conditions like cancer or neurological damage.
- High-Pressure Lines and Equipment: The equipment used in oilfields operates under high pressure. A failure in maintaining or monitoring this equipment can lead to sudden discharges of gas, oil, steam, or other chemicals, resulting in injuries.
- Falls and Falling Equipment: Working on rigs and refineries often involves working at significant heights. Frequently, the ground can become slippery with oil or water, causing slips and falls. Additionally, tools or other equipment can fall from heights, posing a serious risk to those below.
- Electrocutions: Oilfield infrastructure and equipment require significant amounts of electricity to run. Exposed wiring, inadequate grounding of equipment or electrical systems, and faulty equipment can cause electrocutions that are usually fatal.
Types of Oilfield Injuries
The harsh and hazardous conditions of oilfields can lead to a variety of serious injuries. The most common types of oilfield injuries include:
- Burns: Burns are common and can occur due to fires, explosions, or exposure to chemicals. These can range from minor superficial burns to severe third-degree burns covering large areas of the body.
- Traumatic Injuries: Heavy machinery and equipment can cause severe traumatic injuries such as crushed limbs, amputations, and fractures. These injuries can be life-altering and often require extensive medical treatment and rehabilitation.
- Hearing Loss: Constant exposure to loud noise without proper ear protection can lead to partial or complete hearing loss, a common and often overlooked injury among oilfield workers.
- Head Injuries: Falling equipment or slips and falls can cause head injuries, ranging from mild concussions to severe traumatic brain injuries.
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Can I Sue My Employer For Oilfield Injuries?
Worker's Compensation:
Most oilfield employees are covered by worker’s compensation, which is designed to provide benefits like medical care and compensation for lost wages due to work-related injuries, regardless of who was at fault. However, worker’s compensation does not allow for recovery for pain and suffering, and it typically bars employees from suing their employers directly.
Personal Injury Claims:
Third party personal injury claims allow you to sue other companies and contractors regardless of whether your employer has worker’s compensation. This could include manufacturers of faulty equipment, maintenance or cleaning crews, or other entities that contributed to the unsafe conditions leading to the accident. Third-party personal injury claims can offer a path to additional compensation, including damages for pain and suffering, which are not available through workers’ compensation.
Legal Protection for Oilfield Workers
Oilfield workers are protected under various federal and state laws designed to ensure safe working conditions. The most significant of these is the Occupational Safety and Health Administration (OSHA) regulations:
- OSHA Regulations: OSHA sets and enforces standards that provide the basis for a safe workplace in the oil and gas industry. These regulations cover a wide range of hazards, from chemical exposures to emergency preparedness.
- Rights Under OSHA: Workers have the right to receive training in a language they understand, to work on machines that are safe, to be provided required safety gear like helmets and goggles, and to be protected from toxic chemicals. Importantly, workers can also request an OSHA inspection, and have the right to speak to the inspector confidentially if they believe their workplace is unsafe.
What to Do If You've Been Injured in the Oilfield
Sustaining an injury in the oilfield can be traumatic and confusing. Knowing the steps to take immediately after an injury not only helps ensure your safety but also strengthens your potential legal claim. Here is what you need to do:
- Seek Medical Attention: Your health is your top priority. Even if the injury seems minor, hidden injuries are common and can be serious. Immediate medical attention ensures proper care and documents your injuries.
- Report the Injury: Inform your supervisor or safety officer about the injury as soon as possible. Reporting the injury is not only a legal requirement but also essential for any worker’s compensation claim.
- Document the Scene: If possible, take photos of the area where the injury occurred, focusing on any conditions that might have contributed to the accident. This might include faulty equipment, unsafe working conditions, or lack of protective measures.
- Identify Witnesses: Collect the names and contact information of anyone who witnessed the accident. Witness accounts can be crucial for validating the circumstances of your injury.
- Preserve Physical Evidence: Keep any physical evidence related to your injury. This might include clothing, equipment, or anything else connected to the incident.
- Follow Up With Medical Care: Continue to follow medical advice and attend all follow-up appointments. This continuity of care is important for your recovery and for documenting the impact of your injury.
Common Oilfield Injury Questions
1. My employer does not have workman’s compensation and says my injuries were my fault. What can I do?
You can sue them for the full amount anyways. If an employer does not provide workers’ compensation, they are referred to a non-subscriber. Our trial attorneys at Perkins & Perkins have successfully sued non-subscribers, because by law, non-subscribers are precluded from making the following defenses:
- Assumption of Risk: Non-subscribers cannot claim that the employee knew about and accepted the risks inherent in the job.
- Comparative Negligence: Non-subscribers cannot argue that the employee’s own negligence contributed to their injury.
- Fellow Servant Rule: Non-subscribers cannot argue that the injury was caused by a co-worker’s negligence.