Attorney Dax Garza
Board Certified Personal Injury Attorney Dax Garza
If you or a loved one has been injured in a Texas oilfield, it is essential to hire a skilled Houston oilfield injury lawyers who knows the oil and gas industry and has experience with State and Federal laws. Our Houston oilfield accident attorneys can manage your claim to seek maximum compensation. Contact our law firm today to schedule your Free Consultation.
Why You Should Choose Dax Garza for Your Houston Oilfield Injury Case
Our team has successfully secured millions in jury verdicts and settlements for past clients, helping them achieve financial recovery. Our oilfield accident lawsuits have ended in multi-million dollar case results.
To help our clients get the legal counsel they need without having to worry about upfront costs, our law firm works on a contingency fee basis. This means we only get paid when we successfully obtain financial compensation for you. If we don’t win, you don’t owe us anything at all.
Our Houston oilfield accident attorneys will reduce your stress and worry about your injury claim for you, allowing you to concentrate on recovering so you can get back to work. We can conduct all conversations with the other side and negotiate for fair benefits and settlement amounts. If the insurance company refuses to offer a fair settlement, our legal team can take further action on your behalf. We have the background to calculate the full value of your claim and can connect you with medical specialists so you receive the medical care you need.
Rights of Injured Oilfield Workers
Oilfield workers who are injured on the job have important legal rights designed to help them recover physically and financially. If you have suffered an oilfield accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Injured oilfield workers can file a personal injury lawsuit against any party whose negligence contributed to the accident, such as an employer, contractor, or equipment manufacturer.
In addition, workers compensation benefits may be available to provide financial support during your recovery. However, these benefits may not always cover the full extent of your losses, making it necessary to pursue a personal injury lawsuit for fair compensation. An oilfield accident lawyer can guide you through the legal process, protect your rights, and help you secure the compensation you deserve for your injuries and financial losses.
Federal and State Laws
The oil and gas industry is governed by a complex set of federal and state laws designed to protect oilfield workers and ensure workplace safety. The Occupational Safety and Health Act (OSHA) establishes strict safety standards that employers in the oil and gas industry must follow to prevent workplace accidents.
In addition to federal regulations, each state may have its own laws and requirements regarding oilfield safety. An oilfield injury lawyer can help you understand your rights under both federal and state laws, ensure that your employer is held accountable, and assist you in pursuing compensation for your oilfield injury.
Most Oilfield Accidents Are Due to Human Error
While some events are truly accidental, the inherent danger in oilfield work means that every aspect is designed, manufactured, and performed with workers’ safety in mind. Therefore, it is usually possible to identify someone who is responsible for negligent or careless actions that caused your injury. Our job as your oil field injury attorneys is to find out who is to blame, hold them accountable, and assist you in seeking compensation for injuries caused by their negligence in situations such as the following.
Equipment Failure or Malfunction
Machinery and equipment failure at a work site is a major cause of serious injury and death. Oilfields are intricately built to support oil refinement and production. Every aspect needs to be routinely inspected and serviced in order to protect workers.
This applies to heavy equipment and machinery that workers must interact with while performing their daily job duties. Oil companies are notorious for safety issues because the cost of shutting down for maintenance is worth less to them than the cost of human life. When we can find evidence of their negligence, we can use it to hold them accountable for your harm.
Structural Failure
A structural failure is similar to equipment failure in that beams, pipes, stairwells, and any surface with which employees interact require routine inspection and maintenance. Workers are at risk of being injured by structural dangers when pipes are loose or have cracks or leaks that allow chemicals to escape, potentially causing burns or toxic exposure.
Other structural failure concerns include falling beams, faulty stairs and railings, uneven flooring, and more. Because workers are put in confined spaces with heavy objects, it’s important that a facility is structurally sound.
Inadequate Training
One of the most common instances of preventable human error that leads to injury on oilfield sites is insufficient training. Workers are only as safe as they are trained to be, not only with regard to safety training, but also for job-specific training, education on chemicals being used and their hazards, and emergency training. Workers who can detect problems while working with machines, equipment, and chemicals have an opportunity to prevent a serious accident, but they can only do so with essential learning tools.
Training needs to be accessible, mandatory, and provided in languages employees can understand before they take on any job duties.
Additionally, the importance of safety training must be stressed given the amount of risk associated with both job tasks and facility layouts that can be hard to exit during emergencies.
Ignoring Industry Standards
Failing to adhere to industry standards and regulations is a major contributor to preventable accidents. Oil companies are legally required to operate under federal and state safety standards, including complying with regulations outlined by the Occupational Health and Safety Administration (OSHA).
Compliance with these regulations can be time-consuming and costly, taking away time and manpower from profitable production schedules. Oilfield owners and operators should regularly shut down worksites to conduct inspections and maintenance, and upgrade facilities that do not meet safety standards. When they do not, evidence indicating their negligence can be a powerful factor in your injury claim.
Lack of Signage and Inadequate Personal Protective Equipment
Even when oil and gas employees are trained to recognize the dangers at their jobs, the employers’ failure to provide correct and clear signage leaves workers vulnerable to worksite dangers. Oilfields should contain posted safety signs, including cautions and rules displayed in high-visibility areas and in a language workers understand.
Additionally, employers should provide enough properly functioning personal protective equipment (PPE) for each worker who needs it. Companies should train employees in how and when to use PPE as an additional barrier between themselves and their work. Providing critical PPE items such as safety goggles and hard hats can dramatically reduce severe injuries.
Oilfield Accidents Cause Severe Injuries
Railroad Commission of Texas is responsible for assessing violations against companies in the oil and gas industry for workplace safety failures. These failures often involve oilfield vehicles, equipment, pipelines, storage, and more.
Penalties often top $1 million each month, but each individual who is hurt may be eligible for compensation of that much or more, depending on the severity of their injuries.
Common injuries sustained in oilfield accidents include:
- Amputations
- Broken bones or fractures
- Deep cuts and lacerations
- Traumatic Brain Injuries
- Paralysis
- Spinal Cord Injuries
- Burn injuries
- Disfigurement
In addition to physical injuries, the parties responsible for your workplace accident may also be liable to pay your medical expenses, pain and suffering, rehabilitation costs, lost wages, loss of future earning capacity, and more. While employer-provided insurance, such as workers comp, may cover some expenses, workers comp benefits are often limited and may not fully compensate you for all damages. In cases where workers comp is insufficient or does not apply, filing an oilfield accident lawsuit or oilfield injury lawsuit against a third party or contractor may be necessary to pursue additional compensation. Your oilfield accident lawyer at Dax Garza will help you calculate the full value of your case and pursue maximum compensation.
Understanding How Much Your Oilfield Injury Claim Could Be Worth
Whether you are applying for employer-provided insurance benefits or preparing for a third-party lawsuit, you can benefit from discussing the value of your claim with an attorney. For insurance benefits, you can receive temporary partial wages while you are recovering, along with payment for your medical care. If you are permanently disabled, you also have the option for benefits that last much longer.
If you pursue a third-party lawsuit against a manufacturer, vendor, contractor, or other entity who caused your injury, you have the right under Texas law to demand compensation for both economic and non-economic damages.
Some examples include:
- Economic losses with a specific value:
- Medical bills, including projected future costs
- Therapy and rehabilitation expenses
- Full value of your lost wages and earning capacity
- Home and vehicle renovations to accommodate a permanent disability
- Home services such as cooking, cleaning, and maintenance
- Cost of a nursing facility or in-home care if you cannot care for yourself
- Non-economic losses that address your pain and suffering:
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Loss of companionship and comfort
- Isolation from society after amputation or disfigurement
- Depression, anxiety, and PTSD
Personal injury law allows individuals to recover this broader range of economic and non-economic damages resulting from negligence, which goes beyond what is available through workers’ compensation.
In some instances, the at-fault party’s actions may qualify your attorney to request that the court award exemplary damages. These are meant to punish the defendant harshly, and you must provide clear and convincing evidence that the other party engaged in gross negligence, fraud, or malicious actions. Texas imposes limits on these awards, but does not cap the amount you can receive for economic or non-economic losses.
Wrongful Death Actions Resulting From Oilfield Injuries
If you pass away from your injuries, your family could be eligible to seek death benefits from the employer’s insurance program. If they file a wrongful death action against a third party, they could receive financial relief for all your medical costs, your lost financial support, and your final burial expenses. Your Houston oilfield accident attorney will help you determine the unique value of your case depending on the details of your situation.
Talk to Us Right Away to Ensure You Meet Crucial Deadlines
If it turns out you need to file a third-party lawsuit against the individuals responsible for your injury, there are legal timelines that limit your ability to sue. In Texas, you must take legal action within two years in most instances to meet the statute of limitations. If you wait too long, the court may refuse to accept your case, leaving you to pay your damages from your own pocket.
Our oilfield accident injury lawyers will prevent that from happening when you call us to begin work on your claim immediately. We file all paperwork on time and correctly to reduce delays in securing your settlement. When you come to us right after your accident, we can provide the most support for you and your case.
Oilfield Injury FAQ
If you or a loved one has been injured in an oilfield accident, you likely have many questions about your legal rights and the steps you should take. Here are answers to some of the most common questions:
- What should I do if I am injured in an oilfield accident?Seek immediate medical attention, report the accident to your employer, document the accident scene, and contact an oilfield accident lawyer for guidance.
- How do I file a personal injury lawsuit?An oilfield injury lawyer can help you gather evidence, determine liability, and file a personal injury lawsuit against the responsible party to pursue compensation for your injuries.
- What are my rights under workers’ compensation laws? Injured oilfield workers may be entitled to benefits, which can cover medical expenses and lost wages. However, these benefits may not fully compensate you for your losses.
- How can I protect myself from accidents involving heavy machinery?Always follow safety protocols, use personal protective equipment, and participate in all required safety training to reduce the risk of accidents involving heavy machinery.
- What are the common causes of oilfield accidents?Common causes include equipment failure, inadequate training, lack of safety protocols, and accidents involving heavy machinery or hazardous substances.
- How can I get a free consultation with an experienced oilfield accident lawyer?Most law firms, including ours, offer free consultations to discuss your case and explain your legal options.
- What are the benefits of hiring an oilfield injury lawyer?An experienced attorney can handle the legal process, negotiate with insurance companies, and fight for a fair settlement on your behalf.
- How long do I have to file a personal injury lawsuit after an oilfield accident?The statute of limitations varies by state, but in Texas, you generally have two years from the date of the accident to file a lawsuit.
- Can I sue my employer for an oilfield accident?In some cases, you may be able to file a lawsuit against your employer or a third party, depending on the circumstances of the accident and state laws.
- How can I ensure that I receive fair compensation for my oilfield injuries?Working with an experienced oilfield accident lawyer is the best way to protect your rights and pursue fair compensation for your injuries and losses.
If you have more questions or need help with your oilfield accident case, contact us today for a free consultation. Our legal team is dedicated to helping injured oilfield workers navigate the legal process and secure the fair settlement they deserve.
Contact the Houston Oilfield Accident Attorneys at Dax Garza Today to Protect Your Family and Financial Future
Texas is one of only two states that do not require employers to subscribe to workers’ compensation. For this and other reasons, when you are injured, you may be forced to pay your own medical expenses out of pocket. This is why you must speak with a skilled Houston oilfield accident lawyer as soon as possible.
Energy industry employers can be held responsible when they recklessly endanger the lives of their employees. If you or someone you know was injured in an oilfield accident, schedule your free consultation with sn oilfield injury lawyer in Houston at Dax F. Garza, P.C., today to learn your rights.
