The state of Texas does not require companies to maintain workers’ compensation insurance coverage, so this is a serious point to consider when you go to work for an employer.
For companies that do not have workers’ compensation coverage for their employees, there are no limits on damages and the company is open to litigation. In contrast, companies that provide workers’ compensation benefits to their employees are protected from civil lawsuits by Texas state laws. Only our experienced oilfield injury lawyer can help you get compensation you deserve. Here are some common concerns after an oilfield injury:
Can I file a personal injury claim if my employer has workers’ compensation insurance?
The Texas Workers ‘Compensation Law protects employers who retain workers’ compensation insurance coverage by preventing civil lawsuits.
That said, there are cases where an injured worker can file a lawsuit against a negligent third party in an oilfield accident.
Civil lawsuits have also been filed against non-employers, such as equipment manufacturers, project managers, engineers, and other third parties who directly role the accident.
If your employer does not have workers’ compensation coverage (called “non-subscriber”), then you are free to file a civil lawsuit if you can prove – among other things – that some form of negligence occurred.
What is covered by Workers’ Compensation?
If your employer has workers’ compensation coverage for your employees, you will normally be entitled to compensation for medical expenses that arise due to your workplace injury. This can include hospital care, surgeries, and physical therapy.
It is also typical to receive a portion of lost wages and death benefits for surviving family members in the event of a fatality.
Of course, not all workers ‘compensation claims are approved so that injured employees can benefit from working with an attorney who is experienced in reviewing workers’ compensation claims.
Generally, workers’ compensation benefits are to help the employee recover so that they can return to work. Unfortunately, many local workplace accident cases involve oil fields and industrial accidents, such as a chemical plant accident. These injuries can be life-altering or life-ending, making it impossible for the party to return to work.
How long does it take to take action after an injury at oilfield?
After an accident at work, you normally have a total of 30 days to report the injury and one year from the date of the injury to file a workers’ compensation claim formally.
If you choose to file a personal injury lawsuit, you have a total of two years from the date of the injury to file a claim.
How Much Does It Cost To Hire An Oilfield Injury Lawyer?
The cost of hiring an oilfield injury attorney varies depending on the type of case, the complexity of the case, and other factors. In most cases, personal injury and wrongful death claims are handled on a contingency basis. This means that instead of an initial retention commission, legal fees are deducted from the settlement, jury award, or other recovered funds.