Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Explosions, fires, and chemical releases
- Falling tools or unsafe equipment
- Truck and heavy machine crashes
- Falls from rigs, ladders, or platforms
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Site photos and incident reports
- Safety plans and training records
- Equipment and maintenance files
- Witness names and work contracts
Workers' compensation, nonsubscribers, and third parties
The first legal question is often who employed the injured worker and whether that employer carried Texas workers' compensation coverage. Workers' compensation can provide benefits without proof of negligence, but it may also bar many tort claims against a subscribing employer. A nonsubscriber employer may face a negligence claim with different defenses.
A separate third-party claim may exist against a site owner, trucking company, equipment manufacturer, or contractor that caused the event. Contract terms, control over the work, Chapter 95 of the Civil Practice and Remedies Code, and indemnity provisions may affect the analysis. OSHA findings can be evidence, but they do not replace proof of duty and causation.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
An oilfield accident claim may involve medical care, lost pay, reduced earning ability, pain, burns, scars, amputation, or other lasting limits.