An oilfield injury can upend your life in an instant and workers’ compensation may not cover everything you’ve lost.
Why workers’ comp may not be enough
Texas is the only state that allows employers to opt out of workers’ compensation coverage. When your employer opts in, you typically cannot sue them directly for a workplace injury. The trade-off is that workers’ comp provides guaranteed benefits but those benefits are capped. They do not cover pain and suffering, full unclaimed wages or long-term earning loss.
A personal injury lawsuit may allow you to recover the full range of damages that workers’ comp leaves out.
When you can sue your employer directly
Two important exceptions exist under Texas law.
First, if your employer is a nonsubscriber, meaning they opted out of workers’ comp, you may file a personal injury lawsuit against them. You only need to show your employer was 1% responsible for your injury. The employer also loses the right to argue you assumed the risk or were partly at fault.
Second, even if your employer carries workers’ comp coverage, Texas Labor Code § 408.001(b) preserves the right of a deceased worker’s family to sue for exemplary damages if gross negligence caused the death. Gross negligence needs proof the employer knew about an extreme risk and acted with conscious indifference to worker safety.
Third-party claims
You may also have valid claims against parties other than your direct employer. Third-party claims are available even when employer immunity applies. Common defendants include:
- Equipment manufacturers: A design or manufacturing defect could make a manufacturer liable for injuries caused by faulty gear.
- Contractors and subcontractors: Multiple companies often share a worksite: any one of them may bear responsibility for unsafe conditions.
- Rig owners: Poor design or inadequate maintenance of a drilling rig could support a claim against the rig owner.
- Property owners: Hazardous conditions on oilfield property such as unmarked dangers or unsafe structures may create liability for the landowner.
Third-party claims can run alongside a workers’ comp claim and the damages available may include medical expenses, lost wages, pain and suffering and punitive damages.
Speak with an oilfield injury attorney
Texas oilfield injury cases involve complex overlapping claims, strict deadlines and employers with experienced legal teams. If you were hurt on the job, consulting a qualified oilfield accident attorney can help you understand your full legal options before it is too late.