Hurt in an Oilfield Accident?

Hurt in an Oilfield Accident?

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Odessa & Midland Oilfield Accident Lawyers

A number of workers are severely burned, break bones, and/or suffer spinal injuries, or even die in oilfield accidents. If you or a loved one has been hurt in an oilfield accident in Odessa, Midland, or anywhere else in the Permian Basin, you may be entitled to recover substantially more money than through workers’ compensation.

Murray Clark has been representing Texans who have been seriously harmed because of someone else’s careless acts for over thirty years. They know about the oil and gas business; they recognize the distinct dangers that oil and gas workers face; and they comprehend the complicated web of contractors, employers, and manufacturers that could be accountable for an incident.

We give FREE consultations. There are no costs unless we win your case. Please call today at (214) 382-0479. We’re open 24 / 7.

Call Jay Murray Law Firm

Hurt in an Accident? Let Us Help You.

Get Your Free & Confidential Case Review Today

Jay Murray Law Firm

Hurt?
Let Us Help You!

Get Your Free & Confidential Case Review Today

Call Us(214) 855-1420

 

About Jay Murray

Jay Murray is a trial lawyer specializing in personal injury. Jay Murray is a member of the Texas Trial Lawyers Association, National Trial Lawyers Top 100, and Million Dollar Advocates Forum. Mr. Murray has received millions of dollars for his clients, who have suffered serious injuries due to various types of incidents, such as construction and workplace mishaps.

About Collen Clark

Clark is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is an active member of several respected organizations of lawyers, including the American Board of Trial Advocates (ABOTA). He is authorized to practice law before the United States Supreme Court, all of the state courts of Texas, multiple U.S. District courts in Texas, and the U.S. Court of Appeals for the Fifth Circuit. He is also authorized to represent clients in Washington, D.C.

Over the course of a 36-year career, Collen has recovered hundreds of millions of dollars for his clients, including over $100 million for oilfield workers. He has litigated oil field injuries across Texas, New Mexico, and Oklahoma.

Collen owns an operating company and thus understands the aspects of drilling, production, and operation of wells. He was born and raised in East Texas and grew up in the middle of the East Texas oil field.

Murray Clark is…

Who you want representing you when it matters most.

A Relentless Advocate

A RELENTLESS ADVOCATE

Every case is personal to us. we stand by your side, protect your rights, and fight tirelessly for the justice and recovery you deserve.

Grounded In Compassion

GROUNDED IN COMPASSION

From our clients to our community, respect is at the heart of everything we do. You’ll always be heard, supported, and treated with dignity.

A Proven Team of Experts

A PROVEN TEAM OF EXPERTS

With deep legal knowledge and proven results, we handle every case with precision and care to achieve the best possible outcome for our clients.

 

Why do oil field accidents happen?

Numerous reasons exist for oilfield accidents. The primary reason is that oilfields operate in environments where there is great risk to both people and equipment. Long hours combined with heavy equipment, extreme weather conditions, and volatile substances make the possibility of accidents inevitable. The second factor is that many times, after an accident happens, it becomes serious.

Common causes of oilfield accidents include:

  • Adequate Training. Since the demand for production is so high in the oil and gas industry, crews are quickly assembled. Before assigning any employee to a job, inadequate Training on equipment or safety procedures creates increased opportunities for hazardous mistakes to happen.
  • Equipment Failure. Blow-out preventers, drilling equipment, cranes, and pressure vessels must continually be inspected and maintained. A single mechanical failure, a malfunctioning valve, a fractured hoist, etc., can cause a fire, a structural collapse, or a disastrous pressure release.
  • Struck-by Incidents. Among the most common causes of serious injuries in oilfield accidents are falling tools, swinging pipes, and moving vehicles. Due to a lack of proper safety precautions and practices, workers can be exposed to danger with little to no advance notice.
  • H₂S Gas Exposure. Hydrogen sulfide (H₂S) is a naturally occurring hazard present in all oilfields located in West Texas. It has no odor or color and is highly toxic. At high concentrations, H₂S can permanently injure an individual’s nervous system or kill him/her instantly. To prevent accidental Exposure to hydrogen sulfide gas while working in an oil field setting, adequate gas detection devices, along with appropriate emergency response training, must be made readily accessible to each worker.
  • Accidents Related to Transportation. Because oilfield workers frequently travel long distances to reach worksites, especially those that are located remotely, transportation accidents involving tired drivers, oversized trucks, substandard truck maintenance, and rural roads surrounding cities like Odessa and Midland are commonly reported.
  • Hot Work & Fire Hazard. Welding, cutting, and grinding hot work must always be controlled when performed near flammable gases or liquids. Failing to implement controls can result in fires or explosions.
  • Fatigue & Overtime. Twelve-hour to sixteen-hour shifts are typical in the oil field. Fatigue limits a worker’s judgmental abilities and reaction time, both of which are critical during an emergency, thereby greatly increasing the likelihood that he/she will participate in a work-related accident.
  • Simultaneous Operations. Many times when companies place pressure on their “company man” to meet deadlines, workers perform separate jobs simultaneously, i.e., complete separate jobs at the same time, which creates hazardous situations leading to fatal consequences.

Examples of serious injuries caused by oil field accidents

Serious injuries frequently occur to individuals who are employed in oil fields. Due to the fact that oil field work inherently involves hazardous activities, when an accident happens, it normally results in serious injuries that affect the victim for the rest of their lives. Examples of injuries associated with oil field accidents include:

  • Burns resulting from fires or explosions related to chemicals or other combustible products
  • Traumatic brain injury (TBI) resulting from falls, being struck by objects, or force generated by blasts
  • Spinal cord injuries (scis); Paralysis
  • Losses of limbs; crush-type injuries
  • Bones fractures; Joint Damage
  • Damage caused by toxic exposures (e.g., H₂S poisoning; exposures to drilling fluids)
  • Prolonged hearing loss caused by prolonged Exposure to loud equipment noise
  • Wrongful deaths

Along with the physical harm suffered by a victim, victims’ families experience additional hardships financially (lost wages, rising medical bills, and extensive rehabilitation) due to lost wages, rising medical bills, and extended periods required for recovery, which deserve considerable compensation.

 

Who can be held liable for oil field accidents?

An important concept regarding oil field accidents is that there can be more than one party responsible for an accident. Often, the injured worker’s immediate employer is just one of several entities responsible for causing the accident. Based upon the specifics of an accident scenario, liability may apply to:

  • The general contractor(s) or site operator(s) who ensured a safe working area on all job sites;
  • The subcontractor(s) whose employee(s) or equipment contributed to an accident;
  • Machinery manufacturer(s), if the equipment was defective;
  • Staffing agency(ies) that hired unqualified personnel and failed to verify their qualifications/training prior to placing them into service;
  • Owner(s)/operator(s) of land who knowingly allowed hazardous conditions on their property to remain uncorrected;

Negligence in Texas refers to failure to act as would a reasonably prudent person under similar circumstances. A plaintiff seeking damages for an injury must demonstrate four essential elements: (1) existence of a duty owed to him/her by another party; (2) a breach of said duty; (3) causation between defendant’s actions/breach and plaintiff’s injury; and (4) actual damages incurred by plaintiff. An experienced attorney can help identify all applicable responsible parties and pursue a claim.

Call Jay Murray Law Firm

Hurt in an Accident? Let Us Help You.

Get Your Free & Confidential Case Review Today

Jay Murray Law Firm

Hurt?
Let Us Help You!

Get Your Free & Confidential Case Review Today

Call Us(214) 855-1420

 

Workers’ compensation vs. Personal injury claim

Texas is the sole jurisdiction in the United States that does not require most private employers to acquire workers’ compensation insurance. Therefore, many oil-field workers who are injured on-the-job may elect either workers’ compensation or seek monetary compensation through a personal injury claim.

If your employer purchases workers’ comp coverage, you will be eligible for workers’ comp payments for medical treatment and partial wage replacement. However, workers’ compensation offers limited benefits and does not compensate you for pain/suffering or reduced earning capacity. Moreover, accepting workers’ compensation will not disqualify you from filing suit against other parties that may have contributed to your injury.

If your employer chooses not to carry workers’ comp coverage (they choose not to subscribe), then they are personally liable for your injury and cannot invoke many of the affirmative defenses available to subscribing employers. Claims filed against non-subscribing employers may result in significantly larger awards.

Whether your employer subscribes or does not subscribe is among the first steps we take when we initially discuss your matter with you.

 

Time limits for filing suit after your accident

Generally speaking, in Texas, you have two years from the occurrence of your accident to commence a lawsuit. The majority of oil field injury claims and wrongful death claims are subject to this two-year limitation period. If you fail to file your lawsuit prior to the expiration of this limitation period, you lose your right to bring a claim regardless of merit.

Please do not delay in investigating your options. Contacting an attorney as early as possible enables you to preserve relevant evidence and comply with your statutory deadlines.

 

What are the key differences between Texas’s modified comparative negligence standard and pure comparative negligence standards?

In pure comparative negligence states, such as New York and California, plaintiffs can recover partial damages based on the amount of fault assigned to them. In other words, a plaintiff can recover 80% of damages if they are found to be 20% at fault for the accident.

In contrast, Texas uses a “modified” version of comparative negligence. Under this system, a plaintiff cannot recover damages if they are 51% or more at fault for causing the accident. This means that in Texas, if a plaintiff is found to be 51% or more at fault for the accident, they cannot recover any money for damages.

However, if a plaintiff is found to be less than 51% at fault for the accident, then they can recover some portion of their damages. But here’s the catch: their award will be reduced by the percentage of fault assigned to them. So if a jury awards $200,000 to a plaintiff but finds that the plaintiff to be 10% at fault for causing the accident, then the plaintiff’s award will be reduced by $20,000 ($200,000 x .10 = $20,000). Therefore, the plaintiff will ultimately receive $180,000 in damages.

Because Texas does not permit a plaintiff to recover damages if they are 51% or more at fault for causing an accident, there is a strong incentive for employers and insurance carriers to argue that a plaintiff was 51% or more at fault for causing an accident. Because of this incentive, injured workers should immediately hire an experienced attorney after being injured on the job. An experienced attorney will be prepared to contest arguments raised by employers and insurance carriers about a plaintiff’s degree of fault.

 

How does Texas protect immigrant workers who suffer work-related injuries?

All workers in Texas, regardless of immigration status, are protected by both state and federal laws. Federal law requires employers to provide safe workplaces and pay injured workers wage replacement benefits. Similarly, Texas law provides many protections to injured workers.

Nothing prevents immigrant workers from seeking medical attention for their injuries. Nothing prevents them from filing a claim for damages. And nothing prevents them from hiring an attorney to represent them in a claim against their employer. As an added protection, all communications between an immigrant worker and their lawyer are protected by the attorney-client privilege. Thus, an immigrant worker should not hesitate to reach out to Murray Clark for legal representation after sustaining a work-related injury.

 

What should I do after being involved in an oil field accident?

Your immediate actions after being involved in an oil field accident can greatly impact your ability to collect damages from your employer. Below is a basic checklist of things you should do:

  • Seek medical treatment. Obtain medical treatment for any injuries you sustained during the Accident. Even minor accidents can result in serious injuries that do not show symptoms right away. Examples include internal injuries such as herniated discs or blood clots; chemical burns resulting from exposure to chemicals in oil fields; and injuries that develop into chronic conditions over time. By documenting your medical treatment now, you will establish a basis for collecting Damages later.
  • Report the incident to your employer. Make sure someone records the details of the accident so you can document what happened. Reporting the incident will help preserve your rights and create documentation.
  • Document everything about the accident. If you are physically able to do so, photograph where the accident occurred and what equipment was involved. Write down exactly what happened as soon as possible after the accident occurs. Gather witness statements and photographs of visible injuries.
  • Do not speak with anyone about the accident before consulting with an attorney. Do not speak with your supervisor, coworkers, or any representative from your employer or their insurance company about what happened. Also, avoid discussing the incident on social media.
  • Contact Murray Clark before contacting any insurance adjusters. Insurance adjusters have one purpose: to limit their company’s liability. They use whatever you say to try to minimize or eliminate your claim. Murray Clark offers a free consultation to evaluate your potential claim, and our lawyers will communicate with insurance adjusters on your behalf to maximize your recovery.
Call Jay Murray Law Firm

Hurt in an Accident? Let Us Help You.

Get Your Free & Confidential Case Review Today

Jay Murray Law Firm

Hurt?
Let Us Help You!

Get Your Free & Confidential Case Review Today

Call Us(214) 855-1420

 

Types of compensation that can be obtained by oil field accident victims

When an individual suffers a serious oil field injury, their entire way of living often changes. Their ability to earn income may be impaired, their ability to support themselves and their families is diminished, and daily activities become much more difficult. The compensation received in a successful personal injury lawsuit or wrongful death case is designed to reimburse individuals for these losses.

  • Based on the specifics of an individual’s case, victims of oil field accidents may be eligible to receive payment for:
  • Medical expenses, including hospital bills, surgery, rehabilitation services, and ongoing care for long-term conditions.
  • Future medical costs for ongoing treatment due to their injuries.
  • Losses incurred due to time spent away from work.
  • A decrease in future earning capacity if injuries prevent them from performing their job.
  • Physical pain and suffering caused by their injuries.
  • Emotional anguish due to the stress of their serious injury.
  • Disability or disfigurement resulting from their permanent injury.
  • Loss of consortium due to how the relationship with their spouse has been affected.
  • Punitive Damages in grossly negligent situations where employers have knowingly ignored violations of workplace safety rules.

Murray Clark attorneys have successfully represented hundreds of clients in serious injury and workplace Accident claims and have received significant settlements and verdicts.

During your free consultation with Murray Clark attorneys, we will assess your specific situation and advise you as to what we believe your Case is worth based on our review of your documents and discussions with you.
 

How Murray Clark oil field accident lawyers handle oil field accident cases

Determining what happened

It is rare that oil field accident cases are clear-cut. There are usually multiple types of equipment manufactured by various companies, various crews hired by different contractors, and multiple people making decisions along the way. At Murray Clark, we work closely with industry-specific experts (such as engineers), safety specialists, and accident reconstructionists to determine what happened in order to identify all liable parties. We also act swiftly to preserve evidence that will likely disappear or be altered, or destroyed prior to a thorough investigation.

Navigating complex laws

West Texas oil field cases often involve elements of workers’ compensation claims, third-party liability claims, product liability claims, and compliance with federal Occupational Safety and Health Act (OSHA) regulations. Our firm has extensive experience representing clients in complex cases involving all of these areas. We know how to compile an integrated claim addressing all facets of what our clients are entitled to.

Negotiating/litigation

Although most cases resolve via negotiated settlements, insurance carriers will only negotiate reasonable settlements when they know you intend to litigate if necessary. We prepare each Case as though it would go before a jury, and we have historically produced better settlements for our clients due to this preparation. If an offered settlement does not adequately compensate you for the full measure of your injuries, we will bring your case before a judge/jury.

Ongoing communication

Throughout your case, you will remain directly connected with our entire team. We will continuously update you regarding all developments occurring throughout your case and will respond promptly to your telephone calls and e-mails. We will also help you find medical specialists familiar with treating oil field injuries who will manage your treatment process.
 

Why hire Murray Clark oil field accident lawyers?

Collen has represented severely injured Texans for over 30 years. He is certified as a specialist in the field of Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation achieved by fewer than 2% of Texas attorneys. Jay is a member of the Texas Trial Lawyers Association, the National Trial Lawyers Top 100, and the Million Dollar Advocates Forum. Membership in the Million Dollar Advocates Forum is reserved for attorneys who have obtained multi-million dollar verdicts and/or settlements for their clients.

The team at Murray Clark is bilingual. We represent both English and Spanish-speaking clients and are committed to ensuring that a language barrier will never prevent you from receiving the help you deserve.

Unlike large firms that accept virtually every case and treat clients as part of an assembly line, you will receive personalized service from the attorneys and staff of Murray Clark Oilfield Accident Lawyers. We will know your name, your story, and your goals. We will fight to obtain the best possible results for you.

Our clients tell it best:

“Jay never settled for less and always thought of getting a settlement that would make me happy. He never gave up.” — Erika

“They fought hard and got me the biggest payout I could have hoped for.” — Jim

“Jay made me feel like family. He was very understanding and empathetic.” — Irene

If you were injured in an oilfield accident in Odessa, Midland, or elsewhere in West Texas, please contact us today at (214) 382-0479 for a complimentary and confidential case evaluation. There are no upfront charges, and you will owe us nothing unless we recover compensation for you.

Frequently Asked Questions

 

Can I Still Recover Damages If I Was Partially Responsible For The Accident?

Yes. Although Texas uses a "modified comparative negligence" rule, which prohibits a plaintiff from recovering any damages if he or she was more than 50% at fault, under this rule, a plaintiff can recover damages if he or she was no more than 50% responsible for the accident. Any damages awarded to the plaintiff will be reduced by the amount of his or her own fault. Do not assume that you are entirely at fault without consulting an experienced attorney. Many employers and insurance carriers inflate a worker's degree of fault to avoid paying out higher amounts.  

How Long Will My Case Take To Resolve?

The length of time that it will take to resolve your case depends upon several factors, including the complexity of the accident, the nature and extent of your injuries, and whether the defendants are cooperative. Cases involving serious, long-term injuries may take longer because it is essential to fully understand the scope of your damages before negotiating a settlement. Cases that proceed to trial typically take longer than those that settle.   

Will I Have to Pay Fees Upfront to Hire Murray Clark Oilfield Accident Lawyers?

No. Murray Clark Oilfield Accident Lawyers works on a contingency fee basis. This means that there are no attorney fees due at the beginning of your case, and no fees will be charged unless we recover compensation for you. Instead, our fee will be an agreed-upon percentage of the total amount of money that we recover on your behalf.  

What Should I Bring to My First Consultation?

Please bring anything you have: Incident reports completed by your employer; Photographs taken at the accident scene; Medical records or discharge documents; Pay stubs; Contact information for any witnesses. If you do not have any of these items, do not let that prevent you from contacting us. We will assist you in gathering the necessary documentation as part of our investigation.  

My Employer Does Not Have Workers' Compensation Insurance. What Options Do I Have?

If your employer is a non-subscriber to the Texas workers' compensation system, you have the option to sue them directly in a personal injury lawsuit. Non-subscriber cases frequently produce larger recoveries than those that occur within the workers' compensation system because the employer loses many of the affirmative defenses available to subscribing employers. We will identify your employer's status and describe your options during the complimentary consultation.  

What If My Family Member Was Killed in An Oilfield Accident?

We also represent the families of individuals who have died in oilfield accidents. These types of cases are often the most traumatic, but Texas law provides you with two years from the date of death to file. Within that period, you and your family members may be able to recover: Funeral expenses. Lost earnings and support. Loss of society. Mental anguish. Murray Clark — Odessa, Midland & West Texas Oilfield Accident Attorneys Contact us today at (214) 382-0479, day or night, to schedule a complimentary and confidential case review. No fees until we recover compensation for you.
Call Jay Murray Law Firm

Hurt? Let The Murray Clark Team Help You

Call for YOUR FREE Case Review

Jay Murray Law Firm

Hurt? Let The Murray Clark Team Help You

Call for YOUR FREE Case Review

Call Us(214) 855-1420