Determining Liability of Employers for Employee Oil Field Injuries

Oil field work is notoriously dangerous, demanding work that pushes workers to the limits of exhaustion and requires them to adapt to dangerous environments. Because of this, injured workers often wonder about liability after an oil field injury. In Oklahoma, most oil field injury claims are handled through workers’ compensation. But some serious accidents involve third-party liability or employer exceptions.

If an oil field injury has left you out of work, facing mounting medical bills, and unsure of how to provide for your family, let’s talk. Call Cunningham & Mears today to set up a time to meet with our experienced oil field injury lawyers now.

How oil field injury liability works in Oklahoma

When an employee is injured in the course of their work, they are typically covered under the state’s workers’ compensation laws; there is no requirement to demonstrate negligence or fault. If an employer causes an injury through their own negligence, the employee’s only right to recover comes from workers’ compensation benefits. This limits your recovery to partial wage replacement, death benefits for survivors if an injury is fatal, and medical coverage.

However, oil fields are a fairly unique work environment. There are often many other companies and subcontractors involved in the work that goes on there, and there may be numerous other parties that are responsible for your injury. If that’s the case, then you can sue them for your losses.

When are Oklahoma oil field employers protected by workers’ compensation?

In most cases, Oklahoma employers are generally protected from most workplace injury lawsuits if:

• The employee is classified as an employee, not an independent contractor
• The injury occurred in the course of the individual’s employment
• They carry valid workers’ compensation insurance
• They do not intentionally cause injury or harm to an employee

When workers’ compensation comes into play, benefits typically include medical treatment and partial wage replacement. However, the amount you receive each week is limited.

When are employers liable for oil field injuries?

Oklahoma law states that employers lose the protection of workers’ compensation as an exclusive remedy when they do not secure compensation for an employee or they intentionally cause the employee’s injury. If an employee can demonstrate that their injury was the result of willful, deliberate intent to injure by their employer, then the employer may be at risk of being sued.

If an employee does not receive workers’ compensation benefits because their employer fails to secure it for them by not carrying workers’ compensation insurance, the employee is then legally allowed to take further legal action against the employer.

When you can sue: Third-party liability in oil field injury cases

Even when an oil field employee is entitled to workers’ compensation, they may be able to receive additional compensation if they have a valid claim against a third party.

In this scenario, a “third party” is essentially anyone other than the employee, their employer, and anyone employed by their same employer. However, some contractors may be treated as a principal/intermediate employer under workers’ comp law and may have immunity from tort claims depending on the relationship and coverage. In an oil field accident, potential third parties include:

• Equipment manufacturers
• Drilling companies
• Site owners
• Transportation providers
• Maintenance contractors
• Outside contractors and subcontractors 

If someone other than your employer caused your accident or even just contributed to it, you may be able to file a third-party personal injury claim against them and pursue compensation. Remember, workers’ comp only includes partial wage replacement and medical coverage. A third-party claim goes beyond that to provide:

• Full lost wages
• Loss of future earning capacity
• Pain and suffering
• Permanent injury/disability (including long-term limitations and reduced quality of life)
• Disfigurement
• Wrongful death damages (for fatal injuries)

Common causes of oil field injuries that trigger liability

Certain types of injuries can lead to third-party liability, due to the involvement of outside equipment or contractors from other companies:

• Explosions and fires caused by unsafe equipment or poorly-done maintenance
• Equipment failures resulting from defective design or manufacturing
• Vehicle and trucking accidents on oil field sites
• Falls from rigs, platforms, or elevated structures if the structures are inherently unsafe or an outside party caused the fall
• Chemical exposure from dysfunctional protective equipment
• Crush injuries from contractors using heavy machinery or dropping loads

These injuries often involve preventable hazards, outside companies, contractors, and site owners.

Evidence used to prove oil field injury claims and liability

Oil field injury claims are built on a solid foundation of evidence. A lot of the evidence used in these claims is time-sensitive, which is why we recommend talking to an oil field injury attorney early in the process. Your lawyer can gather, preserve, and use evidence as effectively as possible. Evidence that may strengthen your claim includes:

• OSHA or safety inspection reports
• Internal company memos and accident logs
• Equipment maintenance, inspection, and repair logs
• Surveillance footage from the worksite
• Black box data from vehicles (if you were injured in an on-site vehicle accident)
• Witness statements
• Medical records
• Contractor agreements outlining who was at the worksite and the role they fulfilled

A strong oil field injury attorney knows how and when to secure this evidence so it isn’t lost, destroyed, or degraded beyond the point of usefulness.

What to do after an oil field injury in Oklahoma

If you’re injured on an oil field job site, what you do right after an accident is important for both your health and your legal rights. You should:

1. Immediately report the injury to your supervisor. You have to report the accident in a timely manner to preserve your workers’ compensation rights.
2. Seek medical treatment and follow all treatment recommendations. This may both improve the prognosis of your injury and show insurance companies your commitment to your own recovery.
3. Document everything you remember about the accident. Details fade surprisingly quickly. Write down what you remember, including who was present and what equipment was involved.
4. Reach out to an oil field injury lawyer. We recommend talking to an attorney before giving your company’s workers’ compensation insurance company a recorded statement. We’re here to help you determine how to move forward and whether or not you have a third-party injury claim.

Find out how Cunningham & Mears can help you after an oil field injury

If you’ve been injured while working on an oil field, we’re here to help. Fight for the compensation you’re owed by calling us now or contacting us online.