- What Should I Do if I Was Injured in An Oilfield Accident?
- How Do I Know if I Should Hire an Oil Field Injury Lawyer?
- How Long Do I Have to Contact an Oil Field Injury Attorney?
- Do I Need an Attorney with Specific Experience Handling Oilfield Injury Cases?
- On What Grounds Can My Company’s Insurance Deny My Claim?
- What are Common Offshore and Oilfield Injuries That Result in Legal Claims?
- What are Common Types of Oilfield Accidents that Result in Legal Claims?
- How long does the claims or lawsuit process take?
- How is Legal Responsibility Determined in an Oilfield Accident Cases?
- How Do I Know If I Have a Strong Oilfield Injury Case?
- Contact an Oilfield Accident Lawyer Now
What Should I Do if I Was Injured in An Oilfield Accident?
- Stop working immediately
- Report your oilfield injury as soon as possible.
- Ask for immediate medical treatment.
- Do not give a formal statement, sign ANY paperwork, or accept any money from the company (besides your normal paycheck) prior to speaking with an experience oilfield accident lawyer.
- Contact an experienced oilfield accident attorney as soon as possible.
How Do I Know if I Should Hire an Oil Field Injury Lawyer?
- If you have been injured due to the negligence of someone else on the job site, you need a good lawyer now.
- If you are experiencing no results and red tape when trying to file a claim. Many companies put profit over the person. You will experience red tape and unfair treatment if you do not have the proper representation.
- Insurance will not pay up. Insurance companies are for-profit entities. Every claim against their policy eats into their profit margin. They are incentivized to try to pay as little as possible on your claim.
How can insurance companies not pay your claim?
- They may try to say that the accident was your fault or the fault of someone else. They can do this because they have nothing to lose by doing so. They have the money and you need them to honor your claim.
- Even when your employer or their insurance company conducts an investigation into the accident, they have been known to suppress evidence that indicates their own fault or responsibility.
- Your best option is to hire a good attorney who will fight hard for your interests. If you hire the right attorney, he or she will conduct an independent investigation and gather evidence to hold the proper party responsible.
- One reason the insurance company wants to blame you for the accident is that Texas applies a comparative fault state. Comparative fault or comparative negligence is when the jury is asked to determine who all is to blame for an accident that results in an injury.
- In Texas, if the plaintiff is found to be 51% or more at fault then he or she gets nothing. The entire battle is thus over where the blame lies – with you or with the company.
How Long Do I Have to Contact an Oil Field Injury Attorney?
- You have two years for the statute of limitations in Texas for personal injury claims. You need to contact a qualified personal injury attorney as soon as possible after your accident.
- The sooner you contact a qualified personal injury attorney the better. The facts will be fresh in your mind and it gives those who might have reason to lie or bury evidence less time to get their stories straight.
Do I Need an Attorney with Specific Experience Handling Oil Field Injury Cases?
- You certainly do. The reason is that oilfield workers are in a highly specialized industry. There could be several liable parties. On top of that, oilfield companies will conduct internal investigations but those cannot be relied upon to be accurate. An independent third-party evaluation is absolutely crucial to determining the cause of your oilfield accident which is why you need an oilfield attorney to take up overseeing that role.
- A good law firm like Giunta Law will conduct our own investigation, determine what we believe occurred and bring claims against those responsible for your injuries. We have seen many cases in which oilfield companies have buried evidence of wrongdoing and maliciously blamed employees for accidents that they were not responsible for.
What Is At Stake In An Oilfield Injury Claim?
- Worker injuries in oilfield accidents can end up with permanent scarring from burns, amputated limbs, paralysis, and a spine-related injuries. These injuries can make it difficult for you to return to work. Therefore, injury settlements in oilfield accidents tend to be large.
- You could lose your ability to support yourself and your family. The stakes are very high in particular for you.
- They are also high for your employer and the insurance company. The insurance company stands to potentially lose a large sum of money and your company exposes itself to other lawsuits, higher insurance costs, and potential liability should they be found negligent.
- This is one of the many reasons the company’s own internal investigation cannot always be trusted. They will attempt to lay the blame at your feet.
What are Common Offshore and Oilfield Injuries That Result in Legal Claims?
- Traumatic brain injury
- Spinal injuries
- Broken bones
- Scarring and disfigurement
- Knee and hand injuries
Most oilfield injuries could easily have been prevented by putting into practice some basic safety standards and proper training of employees. In the majority of cases, when something goes wrong, it is because the oil company did not adequately devote resources to ensure workplace safety.
Why are Injuries So Prevalent for Oilfield and Offshore Workers?
- Failure to properly train
- Failure to properly supervise
- Failure to provide proper safety equipment
- Outdated industrial equipment
Oilfield workers are seven times more likely to die on the job than other workers.
What Types of Oilfield Accidents Most Commonly Result in Legal Claims?
Company failure to take reasonable precautions
Improper employee training
Oilfield Safety Violations
Improper maintenance of oilfield equipment
Defective products & oilfield machinery
Drug & alcohol abuse
Negligent operation of oilfield equipment
How long does the claims or lawsuit process take?
- The answer to this question depends on the nature and severity of your injuries. Most cases can be resolved or tried within a year or year and a half of when you decide to hire a lawyer. Some cases take longer because the client has extensive injuries or the nature of the incident is more complex.
- While you want to move quickly, it is important not to rush the process. If you were injured, this will be your only opportunity to be compensated so it is important to fully understand the nature of your injuries and how those injuries will affect you down the road.
How is Legal Responsibility Determined in an Oilfield Accident Cases?
There are a number of complexities when determining legal responsibility in an oilfield accident.
- First, if your employer or co-worker is a fault for the injury, you must determine if you are covered by workers’ compensation. If not, are you subject to a company plan that requires arbitration. This area of the law is quickly changing as companies seek out other ways to increase their profit margins so be sure to find a lawyer that understands the complexity of your particular claim.
- In some instances, neither you nor your employer is responsible for your injuries. It could be the result of defective machinery or some other third party. In this case, you can file a third-party claim against the negligent party.
How Do I Know If I Have a Strong Oilfield Injury Case?
- The only way to know if you have a case is to contact a qualified oilfield injury attorney, like Frank Giunta at Giunta Law. Even when your company honors your workers’ compensation claim, you may have cause to bring a claim against some other third party that caused or contributed to your injuries.
- If your company does not have workers’ compensation insurance then, in some instances, you can also initiate a lawsuit against your employer to recover damages. In addition, if the faulty design of equipment that your company was using is responsible for your injuries, you can assert a product defect claim against the company that manufactured the product.
- It is always true that your best course of action is to talk to an expert oilfield injury attorney like Frank Giunta. Free consultations and there are no fees unless you collect.
Contact an Oilfield Accident Lawyer Now
The oil industry continues to grow with the world’s demand for oil and natural gas. With this increased demand, there has also been an increase in accidents causing serious injury and death to workers who often are inadequately trained or supervised. We offer experienced, strategic support to protect the rights of our clients and their families after suffering a serious oilfield injury or death.
After an oilfield accident, it is important to work with an experienced legal team that can collect and preserve all necessary evidence for your case including physical evidence, accident reports, corporate documentation, witness statements, and expert opinions. Our team will begin an immediate investigation to identify the cause of the accident and pursue claims against all liable parties.
Individuals injured by oilfield accidents often suffer catastrophic injuries, including wrongful death. Our oilfield lawyer team has the legal and medical experience to effectively handle a range of cases involving serious & complex injuries caused by explosions and burns, falls, defective products and equipment, toxic fumes and fires.
Giunta law is committed to pursuing an aggressive case against all liable parties and will seek to collect the full compensation you are entitled to for lost wages, pain and suffering, long-term care needs, disability and impairment, and any additional personal or financial losses you have sustained due to an oilfield accident or injury.
Oilfield Accidents and Injuries are on the Rise
Oil and gas industry injuries are the most dangerous and fatal in the country. From 2003 to 2010, the U.S. oil and gas industry (both onshore and offshore combined) had a collective fatality rate that was 7 times higher than the rate for all U.S. workers combined. Louisiana had 5 catastrophic refinery and oil rig explosions between January and October 2017, more than any other state in the country.