Oilfield accidents can be unexpected and vary in severity. If you are a victim of a workplace injury the emotional trauma, medical bills, and loss of wages can affect you greatly.
Call the trustworthy and dedicated Houston oilfield attorneys of Lapeze & Johns at 713-766-0075 for a free case review and for more information on how to seek compensation.
Not All Workplace Accidents Are Eligible For A Civil Claim
As per the Texas Department of Insurance, workers’ compensation is an insurance program managed by the state, intended to provide pay and medical benefits for individuals that have suffered injury or illness on-the-job.
Those that suffer a workplace injury in the oilfield industry will not directly sue the employer unless the damages are not entirely covered by the available workers’ compensation coverage.
Although most employers are insured by this program, there may be some that are not. In this case, your form of seeking compensation would be to prove the negligence of a ‘non-subscriber’ or ‘third party’ to recover damages through a civil claim.
- A ‘non-subscriber’ is an employer that has opted out of a workers compensation policy.
- A ‘third party’ can include manufacturers of tools, equipment or substances, a sub-contractor or contractor, or even the owner of the property.
How Much Compensation is My Oilfield Injury Worth?
Workers’ compensation provides immediate pay and medical benefits for injuries resulting from a workplace accident. While it covers two-thirds of the worker’s gross estimated income, it does not cover emotional suffering or out-of-pocket expenses.
Individuals that are employed by a non-subscriber or have suffered an injury caused by a third-party’s negligence can recover economic damages and more through a civil claim.
Texas’ Civil Practice and Remedies Code defines economic damages as ‘compensatory damages intended to compensate a claimant for actual economic or pecuniary loss.’
Economic losses caused by a work-related accident include but are not limited to:
- Lost wages due to the inability to resume traditional work duties while receiving treatment for work-related injuries.
- Loss of future earnings due to an inability to return to work duties because of permanent changes caused by work-related injuries.
- The cost of medical bills and medical treatment.
- Future medical expenses as a result of the accident.
- An increase in personal or household costs to manage injuries.
- All other economic losses.
Other losses that may be accounted for in a personal injury claim include:
- Out-of-pocket expenses
- Loss of consortium
- Personal property damage
- Pain, suffering, and emotional anguish
The value of your personal injury case is determined by the various items listed above. It is important to keep records of all medical bills and related expenses. You should even rate your pain, suffering, and distress. While they may be difficult to quantify, they are nonetheless added value to your settlement.
If your employer or a third party caused you intentional harm or has been found guilty of illegal practices and negligence, this may result in punishment by the court as punitive damages.
Get A Fair Settlement for Your Oilfield Injury Today
In the case that your employer does not have enough coverage, does not have any coverage, or a third party has caused you harm, you need the expert advice of an experienced oilfield injury attorney.
To get years of litigation knowledge and success on your side, contact the Gulf Coast oilfield injury attorneys of Lapeze & Johns now at 713-766-0075 for a free consultation.