Who Is Liable in an Oil Field Accident Injury Case?

In an oil field accident injury case, liability depends on the cause of the accident, the role of different parties involved, and the specific safety regulations that apply. Oil fields are filled with heavy machinery, high-pressure systems, hazardous chemicals, and volatile materials. Common causes of oil field accidents include explosions and fires, equipment failure, falls, blowouts, and transportation accidents. The following entities are commonly among those liable:

The Oil and Gas Companies

The primary company operating the oil field is usually the first party that comes to mind when discussing liability. These companies typically hire subcontractors and lease equipment, but they are responsible for maintaining a safe working environment. Under Texas law, employers have a duty to provide a reasonably safe workplace, which includes ensuring equipment is properly maintained, employees are adequately trained, and safety protocols are followed.In Texas, oil companies are subject to the Occupational Safety and Health Administration (OSHA) standards and state-specific regulations through the Texas Railroad Commission (RRC), which oversees oil and gas drilling safety. If a company fails to comply with these standards and an accident occurs, it can be held liable for negligence.

Contractors and Subcontractors

Oil field operations often involve multiple contractors and subcontractors, each responsible for different aspects of the work. These parties are often hired to perform specific tasks, such as drilling, equipment maintenance, or transportation. Under both Texas and federal law, contractors have an independent duty to ensure the safety of their workers and comply with safety regulations. If a contractor fails to follow safety protocols or properly maintain equipment, they could be held liable for any resulting injuries.It's important to note that under Texas law, the primary oil company is not automatically responsible for the actions of independent contractors unless they exercise control over the specific activity that caused the accident. However, the legal concept of “retained control” may come into play, meaning that if the oil company has direct control over the work being performed by the contractor, it could share liability.

Equipment Manufacturers

Many oil field accidents result from defective or malfunctioning equipment, such as drilling rigs, pipelines, or safety devices. In such cases, the manufacturer or distributor of the faulty equipment may be held liable under product liability law. Under both Texas and federal law, manufacturers have a duty to ensure that their products are safe for use. If a piece of equipment is defectively designed or manufactured, or if the manufacturer failed to warn users about potential hazards, injured workers may file a product liability claim.Texas follows strict liability rules for defective products, meaning that the injured party does not need to prove negligence but only that the product was defective and caused the injury.

Third-Party Vendors

Oil field operations sometimes involve third-party vendors who supply materials, equipment, or services (such as transportation or catering). If a vendor's negligence, such as faulty delivery of equipment or improper installation, leads to an accident, they may be held liable for any injuries sustained.

Coworkers and Supervisors

Although less common, coworkers and supervisors can sometimes contribute to oil field accidents due to negligence, such as failing to follow safety protocols, improperly operating machinery, or ignoring warning signs. In these cases, the injured worker may file a claim against the individual responsible under personal injury laws.

Site Owners and Property Holders

In some cases, the landowner where the oil field operates may also share liability. Under premises liability law, the property owner is responsible for maintaining safe conditions on their property. If the accident is caused by hazardous conditions that the owner failed to address, they could be held liable.

Texas Workers' Compensation and Employer Liability

In Texas, oil field workers who are injured on the job may be entitled to compensation through workers' compensation. However, Texas is unique because employers are not required to carry workers' compensation insurance. This means that if an oil field company opts out of the state's workers' compensation system (referred to as a non-subscriber), injured workers may file a personal injury lawsuit against their employer.

Workers' Compensation Benefits

If the employer carries workers' compensation insurance, injured employees typically cannot sue their employer directly, but they can claim benefits to cover medical expenses related to the injury, lost wages (typically a portion of the worker's average weekly wage), and permanent disability or impairment benefits if these are applicable. However, workers' compensation benefits are often limited and may not fully cover the damages an injured worker incurs, especially for severe injuries.

Non-Subscriber Employers

Texas law requires non-subscriber employers to provide a safe working environment, and if they fail to do so, they face a greater liability than those who carry workers' compensation insurance. For employers who opt out of workers' compensation, employees can file a personal injury lawsuit. In such cases, workers need to prove that the employer's negligence caused the injury.Unlike workers' compensation, which provides limited benefits, a lawsuit can lead to recovery of additional damages, such as full lost wages compensation for pain and suffering, compensation for loss of earning capacity, and, in cases of gross negligence, punitive damages.

Pursuing Legal Claims With an Oil Field Accident Attorney in Odessa, TX

If you are injured in an oil field accident, you have several legal avenues to pursue compensation, depending on the circumstances. If your employer subscribes to Texas workers' compensation, you can make a workers' compensation claim. If your employer is a non-subscriber or if a third party is liable, you can file a personal injury lawsuit. If your injury was caused by faulty equipment, then you are eligible to file a product liability claim. Additionally, if you work offshore and spend a certain quantity of time on a seagoing vessel, you may be able to file a Jones Act claim.With all these potential options (and more not discussed here), it can be difficult to know what to do first. When you consult with one of our experienced attorneys, you can rest assured that no avenue that is open to you will remain unexplored. When you consult with us, we will examine your case and determine the potentially liable parties, let you know what your options are to proceed, and lay out our suggested strategy for maximizing your compensation.Oil field accidents can lead to devastating injuries, and the multiple parties involved in the oil industry can complicate the legal situation when determining liability. If you've been injured in an oil field accident, then you have the right to compensation. To get started with your case, get in touch with us at Cesar Ornelas Injury Law in Odessa, TX right away.