Personal Injury Claims for Oil Field Accidents in Texas: What Workers Need to Know

Texas oil fields, oil rigs, and plant and refinery work are inherently dangerous, with workers frequently exposed to risks such as explosions, heavy machinery accidents, falls, and toxic chemicals. Although workers’ compensation is often the primary recourse for injured workers in Texas, there are circumstances where injured oil field workers can file personal injury claims outside of workers’ comp.

In such cases, a personal injury claim can offer far more substantial compensation than workers’ comp, allowing injured workers to recover damages for pain and suffering, emotional distress, and loss of future earnings.

Here, our Houston personal injury lawyer, Charles J. Argento, explains how that process works.

When Can Texas Oil Field Workers Pursue a Personal Injury Claim After a Workplace Accident?

Texas oil field workers can pursue a personal injury claim after a workplace accident in specific situations where someone other than their employer is responsible for their injuries.

This typically involves third-party negligence, which can include:

• Defective Equipment: If a worker is injured due to defective machinery, tools, or safety equipment, they may have grounds to file a product liability claim against the manufacturer or distributor of the faulty equipment.
• Negligence by Contractors or Subcontractors: Oil fields often involve multiple contractors and subcontractors working simultaneously. If a worker is injured due to the negligence of a third party not employed by their company—such as a contractor failing to follow safety protocols—they may be able to pursue a personal injury claim against that party.
• Transportation Accidents: Oil field workers injured in vehicle accidents, whether on-site or while being transported to and from the worksite, may have a claim against the driver, vehicle owner, or other third parties responsible for the accident.
• Toxic Exposure: If a worker is exposed to toxic chemicals or hazardous materials due to a supplier’s negligence or another company handling dangerous substances, they may be able to pursue a personal injury claim.
• Intentional Acts: If another party intentionally caused harm to the worker, they may be eligible to file a personal injury lawsuit outside of workers’ compensation.

To pursue these claims, workers must prove that a third party’s negligence directly contributed to their injury. We can help, starting with a free consultation.

Can Injured Oil Field Workers File a Personal Injury Claim If Their Employer Does Not Have Workers’ Compensation Insurance?

Unlike many other states, employers are not required to carry workers’ compensation insurance in Texas. If an employer opts out of the workers’ comp system, they are classified as a “non-subscriber,” and the rules for handling workplace injuries change significantly.

Here’s what happens if a Texas employer does not carry workers’ comp insurance and a worker gets injured:

• Employer Liability in Non-Subscriber Situations
  If a Texas employer is a non-subscriber, they can be sued directly by the injured worker for damages. In these cases, the employer loses certain protections typically offered by workers’ compensation insurance, such as immunity from most lawsuits. The injured worker can file a personal injury lawsuit against the employer, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
• No “Exclusive Remedy” Protection
  In a traditional workers’ compensation system, workers are generally limited to collecting benefits through workers’ comp, known as the “exclusive remedy.” Non-subscribing employers do not have this protection, meaning they can be fully liable for the worker’s injuries, including damages that would not be available under workers’ compensation.
• Employer’s Legal Burden
  Texas law favors injured workers in non-subscriber cases. In a personal injury lawsuit against a non-subscribing employer, the employer cannot use certain defenses, like claiming the injury was the worker’s fault or that the worker assumed the risks inherent in the job. This places a more significant burden on employers to defend themselves in court.
• Employer Liability Insurance:
  Some non-subscribing employers carry private liability insurance to cover workplace injuries. While this can provide a financial safety net for the employer and the injured worker, it is not as comprehensive or automatic as workers’ compensation. The injured worker may still need to pursue a legal claim to access these funds.

Contact Our Personal Injury Lawyer in Houston Today

If you have been injured or lost a loved one in a workplace accident in Texas, contact Charles J. Argento right away. Our personal injury lawyer in Houston will diligently work to build a strong case and maximize your compensation. Take advantage of our free consultation by calling (713)-225-5050 or contacting us online to learn more about your legal rights and options.