Legal Protections for Oil Rig Workers After a Workplace Accident

Oil rig workers face some of the most hazardous job environments in the country. The combination of working with heavy machinery, an array of volatile chemicals, and demanding physical labor on a daily basis puts workers at a very high risk for serious injuries.

If you’ve been injured because of an oil rig accident, it’s important to understand what legal protections are available to you and the steps you can take to receive the compensation you need. 

Common Oil Rig Accidents

The nature of oil rigs and the work involved in these environments makes it apparent there are inherent risks involved. Some of the most common types of oil rig accidents include:

• Explosions and fires caused by flammable chemicals, electrical issues, or improper storage of hazardous materials
• Falls from dangerous heights like elevated platforms
• Faulty heavy machinery and lack of proper training lead to crushing injuries and accidents that result in amputation
• Helicopter crashes, boat-related incidents, and other transportation accidents due to oil rigs being located offshore
• Toxic substance exposure that leads to respiratory illnesses, burns, or other long-term health issues

Accidents happen regularly due to a variety of factors, including equipment failure, human error, and environmental hazards.

Your Rights as an Injured Oil Rig Worker

If you are injured while on an oil rig, there are legal protections available to help you recover compensation to assist with medical expenses, lost wages, and other concerns due to your accident. Depending on where the incident occurred and the nature of your employment, there are different laws that may apply.

The Jones Act

If you spend at least 30% of your time working on a vessel in navigable waters, you qualify as a “seaman” and can file a lawsuit against your employer due to negligence.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

In cases where you do not qualify as a seaman but work in maritime-related employment, this federal law will provide compensation for medical expenses and lost wages because of a work injury.

Workers’ Compensation

Sometimes, state workers’ compensation laws will allow for benefits to be provided to oil rig workers who are injured while on the job.

Who’s Liable for an Oil Rig Accident?

Determining liability for an oil rig accident can be a complicated matter, as there could be multiple parties involved, including:

• Employers: If your employer didn’t provide a safe work environment, proper training, or the right equipment, they could be liable
• Contractors and Subcontractors: Third-party companies responsible for any maintenance or involved in drilling operations may share responsibility
• Equipment Manufacturers: There is a variety of heavy machinery on an oil rig, and if it is defective, it could result in a product liability claim
• Property Owners: If the oil rig exists on leased land or waters, then the property owner could bear some responsibility for unsafe conditions

It’s important to gather as much information about your accident as possible in order to determine who may be at fault.

Workers’ Compensation vs. Personal Injury Claims

When you are injured while working, you may not know whether you should file a workers’ compensation claim or a personal injury lawsuit.

• Workers’ Compensation: Covers medical expenses and a portion of lost wages, but you cannot sue your employer because of negligence
• Personal Injury Lawsuit: If a third party’s negligence caused your injury, you might be able to recover full compensation through a personal injury suit

The right path is dependent on the circumstances surrounding your accident.

Steps to Take After an Oil Rig Accident

If you suffered an injury while on an oil rig, here’s what you should do:

1. Seek Medical Attention: When an injury happens, your health comes first, and even when injuries seem minor, it’s important to be seen by a doctor
2. Report the Injury to Your Employer: Inform your supervisor or another manager as soon as possible and ensure the incident is thoroughly documented
3. Collect Evidence: Take photos and videos of the scene, speak with any witnesses and gather statements, and keep copies of all medical records
4. File a Claim: Depending on your status, you may need to file a workers’ comp claim, a Jones Act claim, or a personal injury lawsuit
5. Consult an Oil Rig Accident Attorney: An oil rig accident lawyer can help you understand your legal options

Taking the right steps can protect your legal rights and improve your odds of securing the compensation you need.

FAQ

Can I Sue My Employer for an Oil Rig Accident?

This will depend on the nature of your accident. If your employer was negligent, you may have the right to file a lawsuit. If you are covered under workers’ compensation, you are typically not allowed to sue your employer, but there are exceptions to this depending on what state (jurisdiction) law might apply to your case.

What Compensation Can I Recover After an Oil Rig Injury?

Compensation can include medical expenses, lost wages, any rehabilitation or long-term recovery costs, and, in some cases, pain and suffering if there was any negligence involved by your employer or another third party.

What if My Workers’ Compensation Claim Is Denied?

If your claim is denied, you still have the right to appeal the decision. An experienced attorney can help you gather the necessary evidence and additional resources you need to support your case.

How Long Do I Have to File a Claim After an Oil Rig Accident?

The deadline will typically vary depending on the type of claim. For instance, workers’ compensation claims have shorter deadlines, while personal injury lawsuits have longer statute of limitations. It’s important to consult a lawyer as soon as possible for help so you can avoid missing any important dates.

Get Legal Help Today

An oil rig accident can be traumatic, and dealing with the legal complications afterward can be overwhelming. The Spence Law Firm has helped many injured oil rig workers fight for their rights and secure the compensation they need to recover. Contact us today for a free consultation.