Get Compensation After an Oilfield Accident

Understanding the Differences and When to Sue

Worker’s compensation will provide benefits regardless of who is at fault for the injury. This means that if you get an injury the job because of your own negligence, you could still receive compensation from your employer’s insurance. However, worker’s compensation will only provide benefits for economic bills that can be easily measured and calculated.

Personal injury claims are fault-based! That means you must be able to prove negligence on your employer’s part to receive benefits. A personal injury claim is also the best route to take if a third party is responsible for the accident. This could include a manufacturer that sold a defective product! It also can be a factory that did not properly inspect parts before they were shipped and assembled. A third party may also include a coworker being at fault for the accident. Third parties are not covered under worker’s compensation. You can only receive full benefits from their negligence by filing a personal injury claim.

Employer Negligence

It may feel strange or wrong somehow to sue your employer, but they are responsible for your safety on the job. If your employer was negligent in their duties to provide as safe a work environment as possible. It is your right to receive compensation for your injuries and damages.

There are many ways an employer’s negligence could cause an accident:

• Improper Training:

Certain jobs require the proper training to ensure both safety and accuracy of the work done. Jobs with a higher risk for injury require more safety training. If you feel like you were unable to perform your job safely because of a lack of training, your employer could be liable for the accident.

• Improper Equipment:

In high-risk environments, the employer has to provide the proper safety equipment for their employees. If your employer did not provide this equipment, and your injuries could have been prevented or lessened by them, then your employer is liable.

• Unsafe Conditions:

Although jobs in the oilfield industry are naturally risky, there are still steps employers can and should take to secure the safety of your working environment. Tasks such as keeping walkways clean and non-slip and providing routine inspection of all equipment help prevent accidents. If your employer was not taking the proper steps to ensure your safety, they could be at fault.

Types of Compensation

When filing for compensation following an oilfield accident, there are different types of payment you could receive depending on the accident, damages, and type of claim you are filing.

You could receive compensation for a variety of workplace accidents, including but not limited to:

– Explosions
– Inhalation of toxic substances
– Burns from chemicals or steam
– Vehicle accidents

A worker’s compensation claim will only cover economic bills accrued as a result of the accident. Economic bills are costs that can be easily calculated and proven to be a result of the accident. These include:

– Medical bills
– Income loss replacement
– Disability payments
– Funeral costs

For many of these, you’ll need to provide additional supporting documents, such as doctor’s notes and pay stubs, to receive your compensation.

If you are filing a personal injury claim, however, you could receive additional benefits such as:

– Pain and suffering
– Property damage
– Emotional damages

In some cases, you may be able to file both a worker’s compensation claim and a personal injury claim if both your employer and a third party were responsible for the accident.

Risk to Workers

Working in the oilfield industry does put you at risk. However, you should never be at more risk than necessary. It is the duty of your employer to provide as safe a working environment as possible. Failing to do so can result in severe injury or even death. What if an employer’s negligence causes an accident? In that case their responsibility is to provide compensation for employees and their families.

If you have lost a loved one to oilfield accidents you have the right to receive compensation for injuries and losses. Call Vickery Law Firm today at 903-504-5490 to speak with an experienced oilfield accident attorney. Attorney Vickery has spent the last 30 years fighting! Fighting to get employees and their loved ones the full compensation they deserve from workplace accidents.