What Do I Do If I Get Injured in an Oilfield?

oilfield pumpjack

Texas is the deadliest state in the country for oilfield workers. According to the Texas Tribune1, federal data recorded 219 oilfield worker deaths in Texas between 2018 and 2023, more than any other state. The Permian Basin alone accounts for roughly 30% of all U.S. oilfield fatalities despite being a single region.

What do I do if I get injured in an oilfield accident? If you are hurt in a Texas oilfield, what you do next can determine both your recovery and your ability to be compensated.

Steps to Take After an Oilfield Injury

The hours and days after an injury can affect any claim you later bring. As soon as you are able, take these steps to protect both your health and your case:

Get medical care immediately, and follow through on treatment

Some oilfield injuries, including internal injuries and toxic gas exposure such as hydrogen sulfide, are not obvious at first. Prompt care protects your health and creates a medical record that ties your injury to the incident.

Report the injury in writing

Notify a supervisor as soon as possible and make sure a written incident report is created. Ask for a copy. Employer insurance programs and federal regulations may require reporting to maintain the right to benefits.

Document the scene

You should photograph and video the location, the equipment involved, and any safety devices or warnings present or missing. You should also document your visible injuries. Make sure to capture wide shots and close-ups, and note the date, time, and weather. This record can provide evidence of the conditions at the time of the accident, which may be cleaned or repaired soon after.

Identify witnesses

You should get the names, phone numbers, and employers of any coworkers who saw what happened. Witness testimony will play an important role in corroborating your version of events.

Preserve the physical evidence

The tools, machinery, and any defective part tied to your injury are critical evidence. An attorney can send a preservation letter directing the companies involved to keep this evidence for examination.

Track your losses

Keep your medical bills, records of missed work and lost pay, receipts for out-of-pocket costs, and a journal describing your pain and how the injury affects daily life. These records support the value of your claim.

Be careful what you sign or say

Do not give a recorded statement to an insurer or sign a release, waiver, or settlement before you understand your rights. Early offers are often far below what a claim is worth, and a signature can end it.

Who May Be Responsible for Your Injury

Oilfield sites regularly involve different companies. Depending on the facts, the responsible party may be:

  • A contractor or subcontractor whose crew created or ignored the hazard that hurt you.
  • The operator or premises owner for failing to maintain a safe site.
  • An equipment manufacturer that provided a defective valve, tool, or machine. These claims can proceed on a defect theory without proof of ordinary negligence.
  • A trucking company responsible for transporting oil or cargo to and from the oilfield.

If your injury happened offshore rather than on land, federal maritime law may govern instead of, or alongside, Texas law. The Jones Act2 lets a qualifying “seaman” sue their employer for negligence and recover damages beyond a no-fault system. The Longshore and Harbor Workers’ Compensation Act (LHWCA)3 covers many maritime and harbor workers who are not seamen, and the Outer Continental Shelf Lands Act (OCSLA)4 extends federal coverage to workers on fixed platforms on the outer continental shelf.

Which framework applies turns on your job duties and precisely where you were working, and that determination can significantly change both who you can sue and what you can recover.


Sources:

1https://www.texastribune.org/2023/09/25/texas-oil-gas-deaths/

2https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-2000-title46a-chapter24&edition=2000

3https://www.dol.gov/agencies/owcp/dlhwc/lhwca

4https://uscode.house.gov/view.xhtml?path=/prelim@title43/chapter29/subchapter3&edition=prelim