Attorney Dax Garza
Oilfield accidents are all too common in Texas, causing injury and suffering to employees. These accidents can happen during all phases of the extraction process and beyond, including drilling sites, pipelines, transportation, refineries, and other related areas. However, all workers, including those in the oil and gas industry, have a right to a reasonably safe workplace.
If you or a loved one has been injured in the oilfield, it is essential to hire experienced oilfield injury lawyers in Houston from Dax F. Garza, P.C., who know Texas state Law and federal laws that may impact the case. We can manage your claim to seek maximum compensation, so contact us to arrange a free consultation today.
Why You Should Choose Dax Garza for Your Houston Oilfield Injury Case
Dax Garza and his team have successfully secured millions in jury verdicts and settlements for past clients. Some of our oilfield accident case results include a West Texas oilfield hand injury case and an oilfield truck accident case, both of which settled for $6.5 million each. We have settled additional cases in other types of personal injuries for even more.
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.
Steps to Take After an Oilfield Injury Accident
Working in oil and gas is full of dangers every day, resulting in serious injuries. To protect your health and your potential claim, you can take important steps after an oilfield injury. If you are incapacitated or too severely hurt, ask a fellow employee to assist on the scene and get help from your family members once you are safe. We recommend the following actions:
- Get medical care: Seek immediate medical attention for your injuries, which may include first aid, seeing a company doctor, or going to the hospital. If you are required to see the company doctor, you may want to get a second opinion from your own physician.
- Collect evidence: Document the accident scene or have a coworker do it for you, including taking photos and videos. Ask witnesses to provide statements about what happened, and make a written or voice record of relevant details and information so you do not forget details.
- Report your injury: Notify your employer about the incident and ensure your supervisor or manager writes and files an official accident report. You have 30 days to report the injury, as described in FAQs from the Texas Department of Insurance for injured employees.
- Follow your doctor’s orders: Keep all medical appointments and adhere to your providers’ instructions to prevent the employee insurance provider from reducing or stopping your benefits.
- Double-check your injury report: Do not trust your employer, an insurance company, or any other business involved on your job site to “make things right” for you and your family. You have rights in Texas when you are hurt on the job.
- Get professional legal help: Employee insurance claims and personal injury lawsuits are complicated, so contact an experienced oilfield accident attorney who will handle all aspects of your case.
Our oilfield accident lawyers will reduce your stress and worry about your injury claim, 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. 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.
Common Causes of Oilfield Injuries
According to a recent study published by the Centers for Disease Control and Prevention (CDC), Texas generates the most oilfield accident fatalities in the country. Over a seven-year period, as many as 1,134 people suffered severe injuries in our state, accounting for 54% of all accidents nationwide. Given the dangerous nature of oilfield work, catastrophic injuries are far more common than those injuries sustained in white-collar workplace accidents.
Oilfield accidents often involve workers who come into contact with:
- Massive electrical currents
- Highly flammable and hazardous materials and chemicals
- Explosions from contents under high pressure
- Toxic substance leaks
- Line blowouts
- Falling debris
- Malfunctioning equipment
- Vehicle accidents
All these and other causes may leave you with injuries and medical conditions that severely limit your ability to return to work, or even care for yourself. Employer-provided insurance may provide benefits such as partial wages and medical care, but in some instances, other parties may be at fault. These situations require help from a legal team that can aggressively hold those individuals or companies accountable for your damages.
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 and hold them accountable for 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 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
The Railroad Commission of Texas is responsible for assessing violations against oil and gas companies for workplace safety failures, which 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. 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
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 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.
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 an oilfield injury lawyer in Houston at Dax F. Garza, P.C., today to learn your rights.
