If you have been in a oilfield accident, you may be confused about what to do next with a workers compensation claim. Because your injury occurred at your place of work, workers comp may be an option. However, sometimes the amount you could receive is not enough to maintain financial stability while you recover. It is important to note that each case will be different. But, there may be other options available to help with your pain and suffering.
Workers compensation in Texas
The short answer to whether workers comp will cover oilfield accidents is yes, but it is more complicated than a yes or no answer. In Texas, employers are not required to buy workers comp insurance. This means that if your employer does not provide coverage, you will not receive benefits. Even if they do have this insurance, it may not cover everything you need. Also, you will have a limited amount of time to file a claim. Workers comp can cover the following:
- Medical bills for the initial injury
- Limited compensation for lost wages
- A percentage of medical bills for a permanent impairment
Workers compensation will provide coverage for medical bills and lost wages while you are out of work, but not for pain and suffering. If someone other than your employer, fellow employee, or you caused your oilfield accident, they are considered a third party. They are not liable to pay workers compensation.
What to do when workers compensation is not available
When workers compensation is not involved, or if your employer does not provide insurance at all for on-the-job injuries, you can contact an attorney. You can also file a claim against a third party. Making a claim against a third party means filing against someone other than your employer or fellow employees. An example of this would be the manufacturer of defective oilfield equipment or a negligent contractor.
The damages you receive from a personal injury case can include past and future medical bills, pain and suffering, lost wages, and physical impairment or disfigurement. An oilfield accident attorney can provide more detailed information about your specific injury and compensation.
Filing a claim against multiple parties
If more than one party’s negligence was the cause of your on-the-job injury, you can still file a claim. In some cases, like those where the employee or employer caused an accident that resulted in death, they can be included in a wrongful death claim. Otherwise, these parties cannot be included.
The jury will decide based on information provided which parties are at fault and how much fault should be apportioned to each one. If you were partially at fault, your compensation may be reduced. Many times, work accident claims do not go to court at all, but are settled by an attorney.
What can an oilfield accident attorney help me with?
You may think that an attorney can’t help you, but these professionals are experienced in handling both personal injury and on-the-job injury cases. They will be able to help with workers compensation as well. OIlfield accident attorneys can help you with settlement negotiation, gathering all of the necessary paperwork, and dealing with any parties involved in your accident.
Important tips to remember if you have been injured on-the-job
Every personal injury case is different, especially when multiple parties are involved. Oilfield accidents are dangerous and often involve worse injuries than other types of workplace accidents. If you have been hurt on-the-job, remember these tips:
- Contact an attorney as soon as possible to see what can be done with your case.
- Do not talk about your case with anyone other than your attorney.
- Follow all instructions from your doctor.
- You don’t have to be a United States citizen to file a claim for being injured on the oilfield while at work.
- Don’t sign anything without your attorney.
Contact Attorney Dean Boyd today to find out how we can help you with your Oilfield Accident or On-The-Job Injury claim. You can call us at (806) 242-3333 or Contact Us by email to learn more about our Services. You can also visit our office in person at 4423 SW 45th Avenue in Amarillo, Texas or 10623 Quaker Ave #102 in Lubbock, Texas.