Working in the oilfield is one of the most dangerous occupations in Texas. If you’ve been seriously injured or lost a loved one in an oilfield accident, you need an experienced Texas oilfield accident lawyer who understands the unique hazards, regulations, and liability issues in this industry. At McFarlane Law, we’ve recovered millions in settlements and verdicts for oilfield workers injured across the Permian Basin and beyond.
The Dangerous Reality of Oilfield Work
The oil and gas industry is essential to the Texas economy, but it carries extraordinary risks. According to the U.S. Bureau of Labor Statistics, the oilfield industry has fatality rates three times higher than other private sector industries. Oilfield workers face unique hazards including explosions, chemical exposures, equipment failures, and the physical demands of remote, high-pressure work.
As an oil rig injury attorney with extensive experience in the Permian Basin, we understand these dangers and how to hold companies accountable for negligence.
OSHA Oilfield Safety Standards
The Occupational Safety and Health Administration (OSHA) sets mandatory safety standards for oilfield operations. Violations of these standards provide strong evidence of negligence in injury cases. Key OSHA standards include:
General Industry Standards (29 CFR 1910)
- Hazard Communication Standard: Requires employers to identify hazardous chemicals and communicate risks to workers through labeling, safety data sheets, and training.
- Fall Protection: Requires fall protection equipment and procedures for work at heights over 6 feet.
- Electrical Safety: Requires proper grounding, guarding, and protection of electrical equipment and overhead lines.
- Personal Protective Equipment (PPE): Requires employers to provide appropriate PPE (hard hats, safety glasses, respirators, gloves) and ensure proper use and maintenance.
- Lockout/Tagout: Requires energy isolation procedures when servicing equipment to prevent unexpected startup.
- Crane and Rigging Operations: Requires training, certification, and safe operating procedures for cranes, hoists, and rigging equipment.
- Scaffold Standards: Requires proper construction, inspection, and use of scaffolds.
Oil and Gas Extraction Standards (29 CFR 1910 Subpart R)
- Well Operations: Specific standards for drilling, production, and well servicing operations.
- Pressure Vessels and Lines: Requirements for inspection, testing, and safe maintenance of pressurized equipment.
- Fire Prevention: Requires fire detection, suppression equipment, and emergency procedures.
- Blowout Prevention: Requires blowout preventer maintenance and testing to prevent uncontrolled pressure release.
- Hoisting Operations: Specific requirements for safe lifting and rigging in oilfield settings.
- Training and Competency: Requires training for workers in safe work procedures and hazard recognition.
API (American Petroleum Institute) Standards
The American Petroleum Institute develops industry best practices and technical standards that exceed OSHA minimums. Companies often voluntarily adopt API standards, and failure to do so can evidence negligence. Key standards include API RP 54 (Safety and Occupational Health Program), API RP 2A (Design and Construction of Fixed Offshore Platforms), and various operational standards.
We obtain API standards and expert testimony to establish the industry’s expected safety practices and prove that your employer failed to meet those standards.
Recent Oilfield Accident Statistics in Texas
Texas oilfield incidents continue at alarming rates. Recent data shows:
- Over 100 oilfield fatalities annually in Texas
- Permian Basin sees a disproportionately high rate of incidents due to the intense activity levels
- Common causes include explosions/fires, mechanical failures, and struck-by incidents
- Pressure-related incidents (blowouts, overpressurization) are among the most severe
- Chemical exposures cause both acute injuries and long-term health effects
- Falls from heights remain a leading cause of fatal and non-fatal injuries
These statistics demonstrate that oilfield injuries are not rare accidents—they result from predictable hazards and preventable negligence. We use this data in litigation to prove that companies knew or should have known about the risks and failed to protect workers.
Multi-Employer Worksite Liability Complications
Oilfield operations often involve multiple contractors, sub-contractors, and temporary workers. This creates complex liability situations. Multiple entities may bear responsibility for your injury:
- Operator (Primary Company): The company controlling the well or facility is responsible for maintaining safe conditions and ensuring all contractors comply with safety standards.
- Drilling Contractor: If drilling operations are involved, the drilling contractor maintains the drilling rig and is responsible for operational safety.
- Service Companies: Specialized contractors (wellhead service, equipment rental, chemical treatment) may be responsible for specific operations and hazards.
- Staffing Companies: Temp agencies and labor contractors may bear responsibility for inadequate worker training or safety orientation.
- Equipment Manufacturers: If an equipment defect caused the injury, the manufacturer may be liable.
As an oilfield injury lawyer in Texas, we investigate thoroughly to identify all responsible parties and pursue claims against each. This maximizes recovery and ensures accountability across the industry.
Workers’ Compensation vs. Third-Party Claims for Oilfield Workers
Oilfield workers often have multiple avenues for recovery, and understanding these options is crucial:
Workers’ Compensation
If your employer carries workers’ compensation insurance, you’re entitled to benefits including medical coverage, wage replacement (typically 70% of average weekly wage), and permanent disability benefits. You don’t need to prove fault—the system is “no-fault.” However, workers’ compensation benefits have caps and may not fully compensate you for your loss.
Third-Party Claims
If someone other than your employer (or their employees) caused the injury, you can pursue a third-party claim. This is common in oilfield accidents because the injury often results from a contractor’s negligence, equipment defect, or another company’s violation of safety standards. In these cases, you can recover full damages including pain and suffering, lost wages, and permanent disability—often substantially more than workers’ compensation.
Non-Subscriber Claims
If your employer is a non-subscriber to workers’ compensation (which many oilfield operators are), you can sue your employer directly for negligence. This provides the broadest recovery including full damages and potentially punitive damages for reckless conduct.
We analyze your situation to determine all available claims and maximize total recovery.
Jones Act and Maritime Law for Offshore Operations
If you work on an offshore platform or drilling rig in federal waters, different legal rules apply. The Jones Act (46 U.S.C. § 688) allows maritime workers injured due to employer negligence to sue for full damages including pain and suffering. Key differences from onshore oilfield law:
- You can recover full damages, not limited by workers’ compensation caps
- Your employer cannot claim workers’ compensation immunity
- Maritime workers often have higher earning capacity, resulting in larger awards
- Maritime negligence standards apply (employer “bare negligence” standard, rather than ordinary negligence)
- Unseaworthiness doctrine allows recovery if the vessel/platform was unfit for its intended purpose
If your injury occurred on an offshore platform or vessel, we evaluate your rights under maritime law and pursue maximum recovery.
Types of Oilfield Accidents and Resulting Injuries
Oilfield accidents take many forms, each with specific injury profiles:
Explosions and Fires
Causes: Equipment failure, overpressurization, ignition sources near flammable materials, failure to follow lockout/tagout procedures, inadequate ventilation.
Injuries: Severe thermal burns requiring extensive surgical reconstruction, inhalation injuries causing respiratory damage, blast injuries causing internal injuries and traumatic brain injury.
Pressure Blowouts
Causes: Blowout preventer failure, inadequate well control procedures, pressure monitoring failures, failure to follow drilling procedures.
Injuries: Violent ejection of workers, crush injuries from equipment failure, pressure-related injuries to internal organs, fatalities.
Caught-In/Caught-Between Incidents
Causes: Rotating equipment left unguarded, workers in proximity to moving machinery, failure to lock out equipment during maintenance, inadequate machine guarding.
Injuries: Crush injuries, amputations, deep lacerations, broken bones, traumatic death.
Falls from Heights
Causes: Inadequate fall protection, defective or missing railings, slippery surfaces, failure to provide harnesses and proper anchor points.
Injuries: Spinal cord injury, traumatic brain injury, broken bones, internal injuries, death.
Chemical Exposures
Causes: Inadequate ventilation, defective personal protective equipment, failure to provide respirators, inadequate hazard communication, exposure to unknown chemicals.
Injuries: Respiratory injury, chemical burns, poisoning, occupational disease, chronic health problems.
Struck-By Incidents
Causes: Falling objects, dropped tools, improperly secured loads, inadequate warning systems, heavy equipment operation in populated areas.
Injuries: Blunt force trauma, head injuries, broken bones, internal injuries, death.
Vehicle Accidents
Causes: Excessive speed, driver fatigue, inadequate maintenance, unsafe road conditions, traffic in oilfield areas.
Injuries: Spinal injuries, head trauma, multiple fractures, internal bleeding, death.
Equipment Failures and Defects
Causes: Inadequate maintenance, manufacturing defects, design flaws, failure to warn of hazards.
Injuries: Various depending on the equipment (drilling equipment, cranes, hoists, pressure vessels, etc.).
How Oilfield Injury Damages Are Calculated
Oilfield workers often earn substantial wages, and when injured, their damages are correspondingly high:
Economic Damages
Medical Expenses: Oilfield injuries often require extensive medical care including emergency surgery, hospitalization, ongoing specialist treatment, and rehabilitation. Severe burns may require years of surgical reconstruction. Spinal injuries may require multiple surgeries and lifelong pain management.
Lost Wages: A worker earning $100,000-$150,000+ annually in the Permian Basin loses substantial income during recovery. If the injury causes permanent disability preventing return to oilfield work, lifetime lost earnings can exceed $2 million.
Reduced Earning Capacity: If the injury prevents return to higher-paying oilfield work, we calculate the difference between future earnings in oilfield work versus alternative employment.
Future Medical Costs: Severe injuries require ongoing treatment. We use life care plans developed by medical experts to project lifetime medical needs and associated costs.
Vocational Rehabilitation: If retraining is necessary, we recover the costs of education and career assistance.
Non-Economic Damages
Pain and Suffering: Oilfield injuries are severe and cause substantial pain. Juries award significant damages for this suffering, particularly for injuries involving burns, spinal injury, or amputation.
Permanent Disability: Loss of bodily function commands substantial compensation. If the injury prevents returning to oilfield work—often the only work a worker is trained for—damages are substantial.
Disfigurement: Visible scars from burns or lacerations warrant significant awards.
Loss of Enjoyment of Life: If the injury prevents participation in hobbies, activities, and family relationships, juries award substantial damages.
Punitive Damages
In cases involving gross negligence or reckless disregard for safety, juries may award punitive damages to punish the defendant and deter similar conduct. Oilfield companies that ignore known hazards, fail to provide training, or knowingly operate defective equipment may face punitive damages claims.
Independent Contractor vs. Employee Issues
Some oilfield companies attempt to classify workers as independent contractors to avoid workers’ compensation obligations and limit liability. We investigate the actual working relationship to determine proper classification:
- Control: Does the company control how the work is performed, the tools used, and the work schedule?
- Integration: Is the work integral to the company’s business?
- Permanence: Is the relationship permanent or temporary?
- Exclusivity: Does the worker work exclusively for the company or for multiple clients?
- Skill Level: Does the job require special skills?
- Payment Structure: Is the worker paid hourly or by project?
Misclassification of employees as independent contractors is illegal and deprives workers of important protections. We pursue these claims aggressively.
Statute of Limitations
In Texas, you have two years from the date of injury to file a personal injury lawsuit. For wrongful death cases, the family has two years from the date of death. Act quickly to preserve evidence and protect your rights. Early investigation is critical in oilfield cases where evidence may be destroyed or witnesses may leave the area.
Frequently Asked Questions
Can I recover if I was partly at fault for the accident?
Yes. Under Texas comparative negligence law, you can recover even if up to 50% at fault, though your recovery is reduced by your percentage of fault. We minimize comparative fault arguments with evidence of the defendant’s primary responsibility.
What if the company claims my injury isn’t work-related?
We gather medical evidence, witness testimony, and expert analysis to prove the injury occurred during work and resulted from work activities. Medical records linking the injury to the work incident are critical.
Can I work for another company while my injury claim is pending?
We advise you on how work affects your claim. In some cases, earnings from new work can reduce your lost wage damages. However, this depends on your injury and the nature of the new work.
What if the equipment was defective?
We pursue product liability claims against equipment manufacturers. These claims don’t require proving negligence—only that the equipment was defective and caused the injury.
How is fault determined when multiple contractors are involved?
We investigate each contractor’s role and responsibility. The operator (primary company) is often responsible for overall site safety and ensuring all contractors follow safety procedures. Each contractor is responsible for their own operations.
How long does an oilfield injury case take?
Simple cases may settle within 6-12 months. Complex cases with multiple defendants or liability disputes may take 2-3 years. We’re prepared to litigate thoroughly to achieve maximum recovery.
Do you handle cases beyond the Permian Basin?
Yes. We represent oilfield workers injured throughout Texas and in offshore operations in federal waters.
Our Case Results
Our clients have recovered substantial compensation in oilfield injury cases, ranging from $2.4 million to $6.677 million depending on injury severity and liability factors. These results demonstrate our commitment to maximizing recovery for injured workers and their families.
Your Future. Our Fight.
Oilfield work is dangerous, but companies have an obligation to protect their workers. When negligence causes injury, you have the right to recover full compensation. Our experienced drilling rig accident lawyer and oilfield explosion lawyer team fights relentlessly for injured workers and grieving families.
Call McFarlane Law at (432) 803-5000 for a free consultation. Let us evaluate your case and fight for the maximum compensation you deserve. We serve oilfield workers throughout the Permian Basin and across Texas.