personal injury lawyers<\/a> at Chandler Ross Injury Attorneys can help you pursue them.<\/p>\n\n\n\nCommon Causes and Types of Oil Rig Injuries That Lead to Legal Claims<\/h2>\n\n\n\n
Most oil rig and drilling injuries are preventable. Most drilling rig accidents are the result of human error. Someone did not do what they were supposed to do. There was a miscommunication. Safety protocols were not followed. Matters other than safety were given priority. When those failures cause injuries, the law holds responsible parties accountable.<\/p>\n\n\n\n
The types of injuries that result from drilling accidents are severe. Common oil rig accident injuries include bone fractures or breaks from being struck by objects, chemical or third-degree burns from well blowouts, fires, and explosions, head or brain injuries from falling pipes, cables, casings, and other equipment, paralysis due to falls from derricks, ladders, platforms, slick stairways, and other unguarded heights, and limb loss as a result of being crushed by heavy cargo or machinery.<\/p>\n\n\n\n
Chemical exposure is another major concern. Even short-term exposure can lead to disorientation, dizziness, burns, and difficulty breathing, while long-term exposure increases the risk of cancer, neurological disorders, and chronic respiratory conditions. Workers who develop occupational illnesses from toxic exposure may not even realize the connection until years later.<\/p>\n\n\n\n
Injuries like traumatic brain injuries, catastrophic burns, and crush injuries can permanently end a person’s ability to work and care for their family. These outcomes carry massive financial consequences, including medical bills, lost income, and long-term care costs. If the injury happened because of someone else’s negligence, you should not be left to absorb those costs alone. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation.<\/p>\n\n\n\n
Texas Workers’ Compensation and the Non-Subscriber Rule for Oilfield Employers<\/h2>\n\n\n\n
Texas workers’ compensation law works differently than in most other states, and oilfield workers need to understand the distinction. When an employer subscribes to workers’ compensation, an injured employee generally cannot sue that employer for negligence. Under Texas Labor Code \u00a7 408.001(a), workers’ compensation benefits are the exclusive remedy against a subscribing employer. That means your ability to sue depends heavily on whether your employer carries coverage.<\/p>\n\n\n\n
Texas is unique because private employers are not required to carry workers’ compensation insurance in most cases. The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) confirms that employers who do not carry coverage are called “non-subscribers.” A nonsubscribing employer can be sued for negligence. Under Texas Labor Code \u00a7 406.033, a nonsubscribing employer loses key common-law defenses, including assumption of the risk, negligence of a fellow employee, and contributory negligence.<\/p>\n\n\n\n
This is a significant legal advantage for injured workers. If your oilfield employer is a non-subscriber and their negligence caused your injury, you can pursue a full civil lawsuit without the limits that workers’ compensation would otherwise impose. The damages available in that lawsuit are far broader than what workers’ comp provides.<\/p>\n\n\n\n
Even if your employer does carry workers’ compensation coverage, you may still have a claim against a third party. On oil field worksites, it is common for multiple contractors, subcontractors, equipment suppliers, and operators to work simultaneously. When the negligence of one of these outside parties leads to your injury, you may have grounds to file a third-party oilfield claim in Texas even if you are already receiving workers’ compensation benefits. An attorney can identify all potentially liable parties and help you pursue every available avenue of recovery.<\/p>\n\n\n\n
Federal Laws That Apply to Oil Rig Injury Claims in Texas<\/h2>\n\n\n\n
Land-based oilfield claims in Texas are primarily governed by state law, but federal law adds important layers of protection for many workers, especially those on offshore rigs or vessels. The most well-known of these laws is the Jones Act, formally codified at 46 U.S.C. \u00a7 30104. Under this statute, a seaman injured in the course of employment may bring a civil action at law against their employer, with the right to a jury trial.<\/p>\n\n\n\n
The U.S. Supreme Court has decided that an offshore oil rig can be considered a vessel in many circumstances, and workers injured on those offshore rigs can be seamen as intended by the Act. Whether you qualify as a “seaman” under the Jones Act depends on your specific duties and the nature of the vessel or structure you worked on. This is a fact-intensive question that an attorney should evaluate for you.<\/p>\n\n\n\n
Maritime law also recognizes the doctrine of unseaworthiness. This allows an injured worker to bring a claim against a vessel owner if the vessel or its equipment was not reasonably fit for its intended purpose. In Moragne v. States Marine Lines, 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\n
Under 33 U.S.C. \u00a7 905(b), the Longshore and Harbor Workers’ Compensation Act (LHWCA) also provides a path for certain maritime workers who are not seamen to bring claims against a vessel owner for negligence. Jones Act claims carry a three-year filing deadline. Land-based oilfield injury claims under Texas law carry a two-year deadline. Knowing which law applies to your situation is the first and most important step in protecting your rights.<\/p>\n\n\n\n
Filing Deadlines and Your Right to Compensation After an Oil Rig Injury Near Plano<\/h2>\n\n\n\n
Time limits are strict in oilfield injury cases, and missing them means losing your right to recover compensation entirely. In Texas, the statute of limitations for personal injury claims is generally two years from the date of injury under Texas Civil Practice and Remedies Code \u00a7 16.003(a). For workers who commute from Plano or Denton through US-75 or the Dallas North Tollway to oilfield sites, this clock starts running the day the injury occurs.<\/p>\n\n\n\n
When a Texas oilfield accident results in a worker’s death, family members have two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code Section 16.003. This deadline applies even if the death occurred weeks or months after the initial accident. Under Texas Civil Practice and Remedies Code \u00a7 71.002, a person is liable for damages arising from an injury that causes an individual’s death if that injury was caused by their wrongful act, neglect, carelessness, or default. Families of workers killed on drilling sites have the right to pursue those responsible.<\/p>\n\n\n\n
The discovery rule can extend filing deadlines in limited circumstances. The discovery rule can extend filing deadlines when injuries or their causes aren’t immediately apparent. This rule applies when a reasonable person wouldn’t have discovered their injury or its connection to the defendant’s actions within the standard statute of limitations period. Chemical exposure injuries and occupational diseases often fall into this category.<\/p>\n\n\n\n
Compensation in a successful oilfield injury claim can include medical expenses, lost wages, lost future earning capacity, pain and suffering, and in wrongful death cases, damages for the family’s losses. Third-party claims allow injured oil field workers to pursue the full range of compensatory damages that workers’ compensation does not provide. While workers’ comp covers medical expenses and a portion of lost wages, a successful third-party oil field worker lawsuit may recover full lost income and diminished future earning capacity. Do not wait. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to protect your claim.<\/p>\n\n\n\n
FAQs About Plano Oil Rig and Drilling Injury Claims<\/h2>\n\n\n\nCan I file a lawsuit if my employer has workers’ compensation insurance in Texas?<\/h3>\n\n\n\n
If your employer subscribes to Texas workers’ compensation, your ability to sue that employer directly is generally limited under Texas Labor Code \u00a7 408.001(a). However, you can still pursue a third-party claim against other parties whose negligence contributed to your injury, such as equipment manufacturers, contractors, or site operators. An attorney can review your situation and identify every available legal option.<\/p>\n\n\n\n
What if my oilfield employer does not carry workers’ compensation insurance?<\/h3>\n\n\n\n
Texas does not require most private employers to carry workers’ compensation coverage. If your employer is a non-subscriber and their negligence caused your injury, you can file a civil lawsuit directly against them. Under Texas Labor Code \u00a7 406.033, a non-subscribing employer loses key defenses like assumption of the risk and contributory negligence, which can significantly strengthen 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
For most land-based oilfield injury claims, Texas Civil Practice and Remedies Code \u00a7 16.003(a) gives you two years from the date of injury to file a lawsuit. Wrongful death claims also carry a two-year deadline running from the date of death. Jones Act claims for offshore workers carry a three-year deadline. These deadlines are strict, and missing them means losing your right to recover. Contact Chandler Ross Injury Attorneys at (940) 800-2500 right away to protect your rights.<\/p>\n\n\n\n
What types of compensation can I recover after an oil rig injury near Plano?<\/h3>\n\n\n\n
Depending on the facts of your case and which laws apply, you may be able to recover compensation for past and future medical expenses, lost wages, diminished future earning capacity, pain and suffering, and in wrongful death cases, the losses suffered by surviving family members. Third-party claims, in particular, allow for a much broader range of damages than workers’ compensation benefits alone. Past results in other cases do not guarantee the same outcome in your case, as every claim depends on its own specific facts and applicable law.<\/p>\n\n\n\n
What should I do immediately after being injured on an oil rig or drilling site?<\/h3>\n\n\n\n
Report the injury to your employer as soon as possible. Texas law generally requires you to report workplace injuries within 30 days to preserve workers’ compensation benefits. Seek medical attention right away, even if the injury seems minor at first. Document the scene, gather witness contact information, and do not give recorded statements to insurance adjusters without speaking to an attorney first. Then call Chandler Ross Injury Attorneys at (940) 800-2500 so we can begin protecting your claim from day one.<\/p>\n\n\n\n
Content on this page is provided for general informational purposes only and does not constitute legal advice. Results in any particular case depend on the specific facts and applicable law. Past results do not guarantee similar outcomes in future cases. Chandler Ross Injury Attorneys is responsible for this content. Principal office: 110 N. Woodrow Ln, Ste 120, Denton, TX 76205.<\/em><\/p>\n\n\n\n