Moragne v. States Marine Lines<\/em>, 398 U.S. 375 (1970), the U.S. Supreme Court confirmed that wrongful death actions exist under general maritime law, meaning families who lose a loved one in an oil rig accident can also pursue a claim.<\/p>\n\n\n\nFor land-based oilfield workers in the Sherman area who fall under Texas law rather than maritime law, Texas Civil Practice and Remedies Code Chapter 16 sets the general two-year statute of limitations for personal injury claims. Jones Act claims carry a three-year filing deadline. Missing either deadline means losing your right to recover, so acting quickly matters.<\/p>\n\n\n\n
Texas Civil Practice and Remedies Code Chapter 127 also addresses indemnity provisions in mineral agreements. This statute limits the ability of oil companies to use contractual language to shift liability away from themselves and onto smaller contractors, which is a tactic that large operators frequently attempt.<\/p>\n\n\n\n
The compensation available to you could include emergency and ongoing medical care, lost wages during recovery, reduced earning capacity, physical pain and suffering, emotional distress, and wrongful death damages for surviving family members. These cases often involve catastrophic injuries, including traumatic brain injuries and severe burns, that require lifetime care. Do not settle for less than what your injuries actually cost you.<\/p>\n\n\n\n
How Employer and Third-Party Negligence Causes Oil Rig Accidents<\/h2>\n\n\n\n
Most oil rig accidents are preventable. They happen because employers and contractors prioritize production speed over worker safety.<\/p>\n\n\n\n
Federal regulations and industry protocols require oil and gas companies to follow strict rules to keep their workers safe, but oilfield operators are notorious for cutting corners and urging employees to rush jobs for the sake of profit. When that pressure leads to an accident, the injured worker has a legal claim.<\/p>\n\n\n\n
Employer negligence in oil rig cases commonly includes failure to maintain equipment, failure to train workers properly, failure to provide adequate safety gear, and failure to follow OSHA standards. Under the Jones Act, an injured seaman only needs to demonstrate that the employer’s negligence played any part, however slight, in causing the injury. This is a much lower standard than typical personal injury lawsuits. That lower standard is a significant legal advantage for injured workers.<\/p>\n\n\n\n
Third-party liability is also a major factor in these cases. If defective or poorly maintained machinery caused the incident, the manufacturer or distributor may be held accountable. When hazardous site conditions contribute to an accident, the landowner or leaseholder may share in the legal responsibility. Under 33 U.S.C. \u00a7 905(b), a worker covered under the LHWCA who is injured due to vessel negligence can bring a third-party action directly against the vessel owner, separate from any workers’ compensation claim.<\/p>\n\n\n\n
Think about a driller working on a mobile rig near the Barnett Shale formation who is struck by a falling pipe because a safety cage was never installed. The rig operator may be liable for negligence. The equipment manufacturer may be liable for a design defect. The site owner may be liable for premises conditions. All three of these claims can potentially be pursued at the same time, which is why having a skilled attorney review your case from the start is so important.<\/p>\n\n\n\n
Chandler Ross Injury Attorneys handles the full scope of these claims, from workplace injury cases involving construction and heavy equipment to catastrophic injury situations requiring long-term legal strategy. If you were hurt on an oil rig or at a drilling site anywhere in the Sherman area, call us at (940) 800-2500 for a free consultation.<\/p>\n\n\n\n
Why Sherman Oil Rig Workers Should Act Quickly After an Injury<\/h2>\n\n\n\n
Time is the one resource an injured oil rig worker cannot afford to waste. Evidence disappears fast on active job sites. Employers and their insurance carriers begin building their defense the moment an accident is reported. Every day you wait is a day that works against you.<\/p>\n\n\n\n
The first thing to do after any oil rig injury is to get medical treatment, even if the injury seems minor at first. Some of the most serious injuries, including traumatic brain injuries and internal damage, do not present obvious symptoms immediately. A medical record created close in time to the accident is also critical evidence in your case.<\/p>\n\n\n\n
Document everything you can. Take photos of the scene, the equipment involved, and your injuries. Write down the names of any witnesses. Keep copies of any incident reports filed by your employer. Do not sign any documents from your employer or their insurance company before speaking with an attorney.<\/p>\n\n\n\n
OSHA requires employers to report severe injuries, including hospitalizations and amputations. OSHA severe injury reports capture only the most serious incidents, including those requiring hospitalization or an amputation. This means a large number of injuries go without any formal documentation unless the worker takes action themselves.<\/p>\n\n\n\n
Filing deadlines are strict. Jones Act claims must be filed within three years of the injury date under 46 U.S.C. \u00a7 30106. Texas personal injury claims for land-based oilfield accidents generally must be filed within two years under Texas Civil Practice and Remedies Code \u00a7 16.003. Missing these deadlines eliminates your right to recover, no matter how serious your injuries are.<\/p>\n\n\n\n
Chandler Ross Injury Attorneys serves clients throughout Sherman, Grayson County, and North Texas. Our office is conveniently accessible to workers throughout the region, whether you work near the Denton courthouse area, travel US-75 between Sherman and Dallas, or work sites closer to the Red River. Past results in any case do not guarantee the same outcome in another matter, as every case involves different facts and applicable law. What we can promise is that we will evaluate your case thoroughly and fight for every dollar you are owed. Call us today at (940) 800-2500 or reach out online to get started.<\/p>\n\n\n\n
FAQs About Sherman Oil Rig Injury Attorney<\/h2>\n\n\n\nDoes the Jones Act apply to all oil rig workers in Texas?<\/h3>\n\n\n\n
The Jones Act does not apply to every oil rig worker. It covers workers who qualify as “seamen,” meaning they spend at least 30 percent of their working time in service of a vessel in navigation. Workers on mobile rigs like jack-up rigs or drillships are more likely to qualify. Workers on fixed platforms attached permanently to the seabed typically fall under the Outer Continental Shelf Lands Act (OCSLA) or the Longshore and Harbor Workers’ Compensation Act (LHWCA) instead. The right law depends on the specific facts of your job, your rig type, and where the injury occurred.<\/p>\n\n\n\n
Can I sue my employer directly if I was injured on an oil rig?<\/h3>\n\n\n\n
Yes, under the Jones Act (46 U.S.C. \u00a7 30104), qualified seamen can bring a civil lawsuit directly against their employer for negligence. The standard of proof is lower than in most personal injury cases. You only need to show that your employer’s negligence played any part, however slight, in causing your injury. This is a powerful legal right that most land-based workers do not have. An attorney can help you determine whether you qualify and what your claim is worth.<\/p>\n\n\n\n
What is “maintenance and cure” and am I entitled to it?<\/h3>\n\n\n\n
Maintenance and cure is a right under general maritime law that requires your employer to pay your basic daily living expenses (maintenance) and cover all necessary medical treatment (cure) while you recover from a work-related injury. You do not have to prove your employer was at fault to receive these benefits. They apply as long as you were injured while in service of the vessel. If your employer refuses to pay maintenance and cure, they can face additional penalties in court.<\/p>\n\n\n\n
What if a defective piece of equipment caused my oil rig injury?<\/h3>\n\n\n\n
If faulty equipment caused your injury, you may have a third-party product liability claim against the equipment manufacturer or distributor, separate from any claim against your employer. This is true whether your case falls under the Jones Act, OCSLA, or Texas personal injury law. Third-party claims can significantly increase the total compensation available to you, because they are not subject to the same limitations as workers’ compensation benefits. An attorney can identify all potentially liable parties in your case.<\/p>\n\n\n\n
How long do I have to file an oil rig injury claim in Texas?<\/h3>\n\n\n\n
The filing deadline depends on which law governs your claim. Jones Act claims must generally be filed within three years of the date of injury under 46 U.S.C. \u00a7 30106. Land-based oilfield injury claims under Texas law are typically subject to a two-year statute of limitations under Texas Civil Practice and Remedies Code \u00a7 16.003. These deadlines are strict. Missing them means losing your right to recover compensation entirely. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your injury to protect your rights.<\/p>\n\n\n\n
Content on this page is provided for general informational purposes only and does not constitute legal advice. Attorney responsible for this content: Chandler Ross, Chandler Ross Injury Attorneys, principal office located in Denton, Texas. Past results do not guarantee a similar outcome in any future matter, as results depend on the specific facts and applicable law in each case.<\/em><\/p>\n\n\n\n