What Legal Rights Do Injured Oil Field Workers Have?
Oil field work brings significant risks, and when injuries happen, knowing legal rights can make all the difference. From securing workers’ compensation benefits to pursuing third-party claims, injured oil field workers need clear guidance on options.
Brett Reynolds & Associates, P.C. is a Texas-based firm committed to protecting the rights of injured oil field workers. This firm helps injured oil field workers understand the law and take the right steps toward recovery.
Here's what you need to know about what legal rights you may have as an oil field worker.
The Right to Workers’ Compensation
Injured oil field workers qualify for benefits if they’re hurt while performing job duties. Claims may cover medical treatments, a portion of lost wages, and rehabilitation services. To start a claim, injured oil field workers must report injuries promptly to their supervisor.
Once a claim is filed, the insurance carrier often arranges a panel of doctors for treatment. Injured oil field workers have the right to change providers if they disagree with the initial evaluation.
Benefits continue while a worker remains temporarily unable to work, subject to weekly or biweekly payments. If an injury leads to permanent impairment, supplemental income benefits may be available.
Third-Party Liability Claims
Beyond workers’ compensation, injured oil field workers sometimes have claims against outside parties for negligence. These claims let workers recover damages that workers’ compensation does not cover, such as pain and suffering or full wage loss. Common examples of third parties include:
Equipment manufacturers: Companies that design or produce faulty drilling equipment or lifting devices.
Rig owners or operators: Entities responsible for maintaining safe work environments and proper training.
Independent contractors: Subcontractors on site whose negligence—like improper welding or unsecured scaffolding—contributes to injury.
Chemical or supply vendors: Suppliers of hazardous materials who fail to provide proper warnings or handling instructions.
Before pursuing a third-party liability claim, injured oil field workers must gather evidence showing how the third party’s negligence led to harm. Witness statements, maintenance records, and incident reports help establish responsibility. Injured oil field workers should discuss these claims with legal counsel before filing.
Occupational Safety and Health Protections
Federal and state regulations set safety standards for oil field operations to limit on-the-job injuries. The Occupational Safety and Health Administration enforces federal rules, while the Texas Department of Insurance, Division of Workers’ Compensation oversees local requirements.
Employers must provide safety training, maintain equipment, and supply protective gear like hard hats, gloves, and flame-resistant clothing. Injured oil field workers who can prove an employer ignored safety protocols may have additional claims under federal or state statutes.
OSHA standards cover hazards such as falls, explosions, and chemical exposures common in drilling operations. Inspections and citations signal whether employers failed to meet safety requirements. Injured oil field workers benefit from examining OSHA logs and violation reports to show how hazardous conditions contributed to injury.
Statute of Limitations and Notice Requirements
In Texas, injured oil field workers generally have two years from the date of injury to file a lawsuit beyond workers’ compensation. Failing to file within that period usually bars any civil recovery. Reporting the injury to supervisors must occur within 30 days to protect workers’ compensation benefits. Missing these deadlines can lead to a loss of rights.
For third-party claims, injured oil field workers should send any required pre-suit notices before suing, depending on the defendant. Reviewing each party’s obligations under Texas law makes sure that claims aren’t dismissed on technical grounds. Discussing deadlines with counsel helps injured oil field workers stay on track and preserve all legal options.
Appealing Denied Workers’ Compensation Claims
When an insurance carrier denies a workers’ compensation claim, injured oil field workers have the right to appeal the decision. Appeals begin with requesting a benefit review conference through the Texas Department of Insurance, Division of Workers’ Compensation within 15 days of receiving denial. The appeal process requires several key steps, including:
Request a benefit review conference: Submit a written request to schedule a conference with a workers’ compensation professional to review denial reasons.
Gather supporting evidence: Collect medical records, witness statements, and any documentation that shows the work-related nature of the injury.
Attend the benefit review conference: Present your case in person or through counsel, clarify misunderstandings, and try to resolve the issue without further litigation.
File for a contested case hearing: If the conference doesn’t resolve the denial, request a formal hearing before an administrative law judge within 20 days of the conference outcome.
Prepare for trial-like proceedings: Develop a legal strategy, including medical testimony and policy interpretations, to argue the claim was wrongly denied.
Successfully appealing a denial requires persistence, timely action, and thorough preparation. Injured oil field workers benefit from consulting legal counsel early to work through procedural rules and improve chances of a favorable outcome.
Medical Treatment and Rehabilitation Rights
Injured oil field workers are entitled to receive necessary medical treatment under Texas workers’ compensation rules. Employers must provide medical care aimed at returning workers to maximum medical improvement. Disputes over treatment necessity or choice of provider can arise, but workers have rights to proper care. These rights include:
Choice of doctor: Select a treating doctor from the employer’s Certified Health Care Provider Network or request a change if the initial provider fails to address needs.
Second opinion rights: Seek a second opinion from another qualified physician when disagreeing with injury severity or treatment plan.
Coverage for necessary therapies: Obtain physical therapy, chiropractic care, and surgical interventions deemed essential by authorized physicians.
Prescription medication approval: Have medications prescribed for work-related injuries approved by the insurance carrier or designated health network.
Rehabilitation services: Access vocational rehabilitation and retraining benefits if an injury prevents a return to former job duties.
Promptly asserting these rights assures injured oil field workers receive timely care and reduce out-of-pocket expenses. Staying informed about treatment and rehabilitation options helps secure proper recovery support.
Handling Retaliation and Wrongful Termination
Texas law protects injured oil field workers from retaliation when they assert their rights. Employers cannot demote, reduce hours, or fire workers for filing legitimate workers’ compensation claims. If retaliation occurs, workers may have grounds for a wrongful termination claim under Texas Labor Code.
To challenge retaliation, injured oil field workers should document any adverse actions and report retaliation to the Texas Department of Insurance, Division of Workers’ Compensation. A complaint must be filed within 30 days of the retaliatory act to preserve rights.
Consulting legal counsel promptly helps build a case showing that employment actions were tied to the injury claim.
Choosing Legal Representation
Selecting the right lawyer makes a significant difference in working through claims and maximizing recovery. Injured oil field workers need an attorney familiar with both workers’ compensation and offshore or onshore drilling cases.
An attorney’s role includes gathering medical records, site reports, and company policies to build a case. Consistent communication lets injured oil field workers understand progress and next steps.
A knowledgeable attorney also guides clients through settlement negotiations and trial preparation, if needed. They explain the pros and cons of each option, answer questions about potential outcomes, and provide realistic assessments.
Turn to an Experienced Law Firm
If you’re an injured oil field worker seeking guidance, reach out to Brett Reynolds & Associates, P.C. This firm serves clients in San Antonio, Texas, and surrounding areas, including Laredo, the Rio Grande Valley, Austin, and the Texas Hill Country. Contact the firm today to schedule a consultation.
