What Compensation Can You Get for an Oil Field Accident? Answers from an Oil Field Accident Lawyer in El Paso, TX

Medical Expenses for Immediate and Long-Term Care

Compensation for medical expenses generally covers emergency room visits, hospital stays, surgeries, medications, physical therapy, and any specialist consultations you may need. If your injuries lead to chronic conditions, such as respiratory problems from inhaling toxic fumes or long-term mobility issues due to spinal injuries, you might also be able to claim compensation for future treatments and rehabilitation costs. You'll need to be able to estimate these, and your lawyer will help you do this effectively.

Lost Wages and Loss of Earning Capacity

If you are unable to return to work temporarily, or even permanently, due to the accident, you can claim compensation for lost wages to replace the income you would have earned if you hadn't been injured. Lost wages are usually calculated by multiplying your current salary or wages by the length of time you're unable to work. How much of this you'll get will depend on whether you're claiming worker's comp or through a private lawsuit. You'll normally only be able to bring a lawsuit if your employer did not have worker's comp or if your injuries were caused by a third party.

If your injuries are severe enough to impact your ability to work in the future, you can make a claim to be compensated for "loss of earning capacity." For example, if you can't perform physical labor anymore and must switch to a lower-paying job or can only work part-time, you may be able to claim compensation for the difference between your current and your past income. You might also be able to get reimbursed for retraining for a new job.

Pain and Suffering

Pain and suffering damages address the physical discomfort and emotional distress you experienced due to the accident. Calculating a dollar amount for pain and suffering is a subjective process, since pain and suffering isn't tied to a specific number, like for medical expenses or lost wages. It's also not something that worker's comp covers, so ask your lawyer if you're eligible here.

Courts and insurance companies usually look at factors such as the severity of the injury, how long it takes to fully recover, and how the injury impacts your ability to live a normal life when determining this amount.

Disfigurement and Permanent Disability

Disfigurement compensation may be appropriate if there's been a dramatic change to your physical appearance, such as scarring or the loss of a limb, which can often lead to psychological and social consequences. If the disfigurement affects your confidence, relationships, or ability to engage socially, you may be eligible for compensation that acknowledges these impacts.

Permanent disability compensation is about the loss of physical function that you'll never regain, such as by paralysis or amputation. If you can no longer perform essential tasks independently due to a permanent disability, you might also receive compensation to cover long-term assistance needs or adaptations to your home or vehicle if needed because of your disability.

Loss of Consortium

Loss of consortium refers to the impact of your injury on your personal relationships, particularly with a spouse. A serious accident can deeply strain relationships: the victim's new physical limitations, the traumatic emotional changes both spouses go through, and the mental health struggles of everyone involved can be more than some marriages can survive. If the injury negatively affects your relationship so that you are not able to be there for your spouse, or they are no longer there for you, you or your spouse might be eligible for loss of consortium damages.

This type of claim is typically filed by a spouse rather than the injured individual, though there are exceptions. The difficulty here is clearly showing that the loss of consortium is a result of the injury, and not because a relationship was already on the rocks. Your lawyer will be able to help you evaluate your situation.

Property Damage

Any accident can lead to property damage, especially if company or personal equipment was involved. While these claims are less common in oil field accidents than in vehicle collisions, they may still be necessary to address any damage to your tools, machinery, your own personal protective equipment, or even something like a phone or laptop computer.

Punitive Damages

In cases where the oil field accident happened because someone was particular reckless or because there was intentional misconduct by your employer or another party, you might be able to pursue punitive damages. Punitive damages are not intended to cover your losses: their purpose is to punish the at-fault party and discourage others from doing the same thing in the future. For example, if your accident was caused by an employer's blatant disregard for safety protocols or regulatory violations, and you're able to show that these violations were systemic and ongoing, the court might award punitive damages as a way to penalize that negligence.

Punitive damages are not awarded in many cases, and they typically require a very high burden of proof. To pursue punitive damages, you'll have to show clear evidence that the responsible party acted with gross negligence or intentional misconduct. Be aware, also, that punitive damages are taxed differently than other damages, so be sure to speak with your El Paso, TX oil field accident lawyer so you know what to expect.

Third-Party Liability Claims

In some accidents, a third party, such as an equipment manufacturer or subcontractor, may share responsibility for the incident. If so, you may be able to file a third-party liability claim against them in addition to filing for worker's comp. Workers' compensation generally prevents you from suing your employer directly, but if there's third-party liability, this may increase the total compensation available to you.

How to File a Claim After an Oil Field Accident

Filing a claim for compensation is a long and involved process, starting with discovering if you're eligible to bring a claim and what type. You'll need to document your injuries, prove liability, and establish the extent of your damages. All of this will be much easier with a qualified lawyer at your side.

It's important to work with a lawyer who has specific experience in these types of claims and who understands oil field accidents, relevant state laws, and the local courts. Your lawyer will help you to properly evaluate your claim, calculate your damages accurately so you don't miss out on anything you're entitled to, explore all possible avenues for compensation, and then get you through the red tape. Your lawyer will also negotiate on your behalf and represent you in court, if it comes to that.

If you or a loved one has been injured in an oil field accident, reach out to Cesar Ornelas Law in El Paso, TX, to discuss your case. We offer help in injured workers through Texas, New Mexico, and Corona, CA.