What Is My Oilfield Injury Case Worth in Texas?
It depends on five things: how badly you're hurt, what you could have earned for the rest of your career, how much fault lands on each company, which companies can be sued and how much insurance they carry. Texas doesn't cap lost wages, medical care or pain and suffering in an oilfield case. Anyone quoting you an "average settlement" is guessing.
Search this question and you'll find websites quoting average settlements down to the dollar. Those numbers lump a sprained wrist in with a crushed spine. Here's how an oilfield case is actually valued, piece by piece, so you can see what matters in yours.
The Three Kinds of Damages
Money you lost or will spend
Past and future medical care, past lost wages, lost earning capacity, and the cost of help at home. These are proven with bills, pay records and expert projections.
What the injury took from your life
Physical pain, mental anguish, physical impairment and disfigurement, past and future. No formula. A jury decides what's fair.
Punishment for gross negligence
Available only when a company knew about an extreme risk and went ahead anyway. Capped under Civil Practice and Remedies Code 41.008.
Lost Earning Capacity Is Usually the Biggest Number
Oilfield work pays well, and it's physical. A hand who can't climb the derrick, throw chain or work a 14 day hitch anymore doesn't just lose this year's pay. He loses decades of it.
Take a driller at the national median wage of $67,890 a year, per the Bureau of Labor Statistics. If an injury ends his oilfield career at 35, he had roughly 30 working years left. That's more than $2 million in gross earnings before overtime, raises or adjustments. Whatever he can earn in a desk job gets subtracted, and the gap is what a jury looks at.
Proving that gap takes more than a pay stub. Strong cases use a vocational expert to show what work is realistic now and an economist to project the lost income over a career.
Future Medical Care Adds Up Fast
Burns, amputations, spinal injuries and brain injuries need care for life: more surgeries, prosthetics, therapy, medication and sometimes home health aides. A life care planner, usually a nurse or doctor, maps out what you'll need and what it costs. That plan becomes the backbone of the future medical claim.
One Texas rule to know: under Civil Practice and Remedies Code 41.0105, you can only recover medical expenses actually paid or incurred, not the full sticker price on the bill. Insurance discounts and comp fee schedules lower that number.
What Pushes a Case Up or Down
What raises value
What lowers value
Fault Changes the Math
Texas uses proportionate responsibility under Civil Practice and Remedies Code Chapter 33. If a jury finds you 20 percent at fault, your damages drop by 20 percent. Over 50 percent and you recover nothing. Defendants can also point at your employer, even though it can't be sued, and every percent assigned to it comes off what they pay.
The big exception: a nonsubscriber employer can't blame you at all. See nonsubscriber employers and what happens if you were partly at fault.
Who Can Pay Matters as Much as What Happened
A verdict is only worth what someone can pay. Oilfield companies usually carry large policies because operators require it in their contracts, often with umbrella coverage on top. But if the only company you can sue has a $1 million policy and little else, that's often the practical ceiling.
That's why identifying every responsible company matters. The operator, the drilling contractor, the service company and the equipment maker each bring their own coverage. See third party claims and when the operator can be held liable.
What You Actually Take Home
The settlement number isn't the check. Before you're paid:
The comp lien gets repaid first if comp paid benefits, less its share of fees.
Attorney's fees come out as a percentage agreed up front. No win, no fee.
Case expenses like experts, depositions and records get reimbursed.
Other liens from health insurers or hospitals may need to be paid or negotiated.
A good lawyer works the back end as hard as the front, because a reduced lien puts money directly in your pocket.
Don't Settle Too Early
Insurers often make their first offer while you're still in treatment, before anyone knows if you'll need another surgery or ever work again. Once you sign a release, it's done. The right time to value a case is when your doctors can say what your future looks like. See what to say to the adjuster.
The Starting Point for Lost Earnings
National median pay for oil and gas jobs, per the Bureau of Labor Statistics. Permian hands with overtime and per diem often earn well above these figures.
Rotary Drill Operators
Median annual wage for drillers who run the rig floor.
Derrick Operators
Median annual wage for derrickhands working up the mast.
Roustabouts
Median annual wage for roustabouts doing general field labor.
More on Case Value
What is the average settlement for an oilfield injury in Texas?
There's no reliable average. Oilfield settlements range from a few thousand dollars to many millions depending on the injury, lost earning capacity, who was at fault, who can be sued and how much insurance they carry. Any published average mixes cases that have little in common with yours.
Is there a cap on damages in a Texas oilfield injury case?
There's no cap on compensatory damages like lost wages, medical care and pain and suffering in an oilfield injury case. Exemplary damages are capped under Civil Practice and Remedies Code 41.008 at the greater of $200,000 or two times economic damages plus up to $750,000 of noneconomic damages.
Is an oilfield injury settlement taxable?
Compensation for a physical injury is generally not taxable federal income, but exemplary damages and interest usually are. Talk to a tax professional about your specific settlement.
How long does it take to settle an oilfield injury case?
Most serious cases take one to three years. Settling before you've finished treatment or before the full extent of the injury is known usually means leaving money on the table.
See all of our oilfield injury questions, or read about oilfield burn injury claims.
Civil Practice and Remedies Code Chapter 41 · Civil Practice and Remedies Code Chapter 33 · BLS Occupational Outlook Handbook, Oil and Gas Workers · Texas Labor Code Chapter 417
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship.
Your Case Isn't an Average.
Find Out What It's Worth.
The value of an oilfield case is built on evidence, experts and every company that can be held responsible. Talk to a Board Certified oilfield injury lawyer before you accept any offer.
