Oilfield Injury Questions Answered
The 20 questions injured hands and their families ask us most, answered straight. Texas law, real oilfield examples and the deadlines that matter, from Board Certified trial lawyer Alex Horton.
Who Can I Sue?
Most oilfield cases are won against the companies that weren't signing your checks. Start with your employer's coverage, then look at everyone else on location.
Can I sue my employer for an oilfield injury in Texas?
Usually not if it carries comp. Nonsubscribers and gross negligence deaths are the exceptions.
Read the answer › 02Can I sue a third party while I'm on workers' comp?
Yes. Comp only protects your employer. Here's how the comp lien works when you recover.
Read the answer › 03What is a nonsubscriber employer in the oilfield?
A company that skipped comp. You can sue it, and it can't blame you for the accident.
Read the answer › 04Can I sue the operator? Chapter 95 explained.
Only if it controlled the work and knew about the danger. Here's how that gets proven.
Read the answer › 05Can I sue the manufacturer of defective rig equipment?
Yes, when a BOP, valve, line or tool failed. You don't always have to prove carelessness.
Read the answer › 06I'm a 1099 oilfield worker. Can I still get compensation?
Usually. The tax form doesn't decide your rights. Who controlled the work does.
Read the answer ›Protect Your Claim
What you do, say and sign in the first few weeks can decide your case. These answers cover the moves to make and the traps to avoid.
What to do in the first 24 hours after an oilfield accident
Treatment first, then a written report, names, photos and a call before the rig moves.
Read the answer › 08How long do I have to file an oilfield injury claim?
30 days to report, one year for comp, two years to sue. Some deadlines run faster.
Read the answer › 09Should I talk to the adjuster after a rig accident?
Keep it short. You never owe another company's insurer a recorded statement.
Read the answer › 10Did I sign away my rights? Oilfield waivers and arbitration.
Probably not at hire. The papers that show up after the accident are the ones to watch.
Read the answer ›Your Job and Your Benefits
Bills, light duty offers and job security are what keep injured hands up at night. Here's what Texas law actually protects.
Who pays my medical bills after an oilfield injury?
Comp pays for life with no copay. Without comp, plans, insurance or a letter of protection step in.
Read the answer › 12Do I have to take light duty after an oilfield injury?
You can say no, but a bona fide offer can cut your check. Here's how to tell.
Read the answer › 13Can I be fired for an oilfield injury claim in Texas?
Not for filing a comp claim. Retaliation is illegal, and some deadlines are only 30 days.
Read the answer ›What Your Case Is Worth
No fake averages. What actually drives value, how fault changes the math and how lawyers get paid.
What is my oilfield injury case worth in Texas?
Lost earning capacity, future care, fault and insurance limits drive the number.
Read the answer › 15What if I was partly at fault for my oilfield accident?
You can usually still recover. The line is 50 percent, and nonsubscribers can't blame you at all.
Read the answer › 16How do I pick an oilfield injury lawyer? Fees explained.
What board certification means, how contingency fees work and the red flags to avoid.
Read the answer ›Questions by Accident Type
Some accidents raise their own questions. Start here if you know what happened on location.
What are my rights after a well blowout or rig explosion?
Several companies usually share the blame. The rig data proves who.
Read the answer › 18Can I sue after an oilfield truck or crew truck crash?
Whose truck it was decides a lot. The truck's own data decides the rest.
Read the answer › 19Can I sue for H2S exposure in the oilfield?
Often. Texas requires training, detection and alarms. Someone skipped them.
Read the answer › 20Can my family sue for an oilfield wrongful death?
Yes. Who can file, what families recover, comp death benefits and the deadlines.
Read the answer ›Texas Leads the Nation in Oilfield Deaths
Killed in 2024
Oil and gas extraction workers killed on the job nationwide, per the Bureau of Labor Statistics.
Texas Deaths
Oil and gas worker deaths in Texas over five years of CDC tracking, the most of any state.
Fatality Rate
Oilfield workers die at 25.0 per 100,000 compared to 3.7 for all U.S. workers, per NIOSH.
Three Questions That Sort Out Most Cases
Did your employer carry workers' comp? That decides if you can sue your own company. Find out how to check.
Who else was on location? Every other company is a possible third party claim. See who counts.
What have you signed or said? Statements and waivers can change everything. Read this first.
These pages are general information about Texas law, not legal advice for your situation. Reading them does not create an attorney client relationship.
Have a Question Not Answered Here?
Ask Alex Directly.
Every oilfield case is different. Talk to a Board Certified oilfield injury lawyer about yours. The call is free, and you pay nothing unless we win.