Hurt in an oilfield accident: who pays and what to do first

What should I do first after getting hurt on a rig or well site?

1. Get medical care and say the injury happened at work. If gas was involved, tell the doctors what kind if you know.
2. Report it to your company man or supervisor in writing, and keep a copy. In Texas you have 30 days, but do it now.
3. Write down every company on location: operator, drilling contractor, service companies, trucking and rental outfits. Include the lease or well name.
4. Photograph the location, the equipment, your gear and any hoses, slings or valves that failed.
5. Save texts from your crew, your schedule and pay stubs showing your hours.
6. Ask if your employer has comp. It has to tell you either way.
7. Do not sign an injury plan, a release or a recorded statement until someone independent has read it.

Who can be responsible for an oilfield injury?

Oil and gas sites usually involve several companies. NIOSH describes three main kinds: operators, drilling companies and well servicing companies. Add trucking, rental and equipment makers. That matters because comp usually only protects your own employer. Texas lets you pursue comp and also go after a third party that caused your injury.

Texas Chapter 95 can shield a property owner from a claim by a contractor's worker unless the owner kept some control over how the work was done. Whether it applies to a given well site depends on the facts and on who owns what. Ask a lawyer early.

What does non-subscriber mean in the oilfield?

It means your employer chose not to carry workers' comp. Most private Texas employers can make that choice. You can check the state's list of registered non-subscribers, and your employer must tell you whether it has coverage. Some companies replace comp with their own injury plan. That plan is not comp.

Comp and a third-party claim often go together, and the math matters. In Texas, money recovered beyond what repays the carrier is treated as an advance against future benefits. Ask how a settlement affects your ongoing checks before you sign.

What is the Texas oilfield anti-indemnity act, and does it affect me?

You probably never saw your employer's master service agreement with the operator, but it can shape your claim. These contracts usually say one company will defend and pay for the other's injury claims. Texas found some of these deals unfair. Agreements that make one company cover the other's own negligence are against public policy, and a promise covering injury from the other company's negligence is void.

There is a big exception. The promise can stand if the parties agree in writing that it will be backed by liability insurance. For a one-way promise, the insurance required cannot exceed $500,000. This law is about companies fighting over who pays.

It does not stop you from making a claim. But it can decide which insurer is paying, how hard that insurer fights, and how much coverage exists. Ask your lawyer to get the contract early.

Why are oilfield trucking and crew truck crashes different?

Wells are often far from towns, so long drives are built into the job. OSHA says highway crashes are the leading cause of death in this industry, about 4 of every 10 worker deaths. Federal hour rules also have oilfield exceptions.

Drivers hauling oilfield equipment can restart their 8-day period with 24 hours off. For specially trained drivers of well-servicing rigs, waiting time at a well site does not count as on-duty time. Those rules can make logs look legal when a driver was exhausted, so phone records, GPS, gate logs and tickets matter.

What hazards lead to serious oilfield injuries?

CDC researchers say this workforce has an elevated rate of fatal injuries. Beyond crashes, common causes include being struck by or caught in equipment, explosions and fires, falls, and high-pressure lines. OSHA recently put out an alert on flare flashback explosions at oil field tank batteries.

Hydrogen sulfide is one of the leading causes of workplace gas inhalation deaths. It can overcome workers almost immediately, including people who rush in to help. Ask whether gas monitors were working and calibrated, and whether crews were trained.

OSHA treats most drilling and servicing work under general industry rules. Site preparation is the only part covered by construction rules. When no specific standard fits a serious hazard, the General Duty Clause applies.

What oilfield records should I get, and how quickly?

Your employer must report a death within 8 hours and a hospitalization, amputation or eye loss within 24 hours. Look up employers on OSHA's Establishment Search. A complaint needs to be made quickly, because OSHA cannot issue violations for incidents more than six months old.

What are the Texas and Arizona rules for oilfield injuries?

Oil and gas jobs are far more common in Texas than in Arizona, and workers often travel. If your employer is in one state and you were hurt in another, more than one state's law may matter. New Mexico and other states have their own rules that this page does not cover.

What can an oilfield injury claim cover, and how long does it take?

A claim outside comp can cover lost pay at your real earnings, including overtime and per diem, lost earning ability, medical care, burns, scarring, and pain. Oilfield pay is often high, so wage proof matters. Keep pay stubs and tax records.

If someone was killed, Texas law keeps open exemplary damages for a surviving spouse or heirs when the employer's gross negligence or intentional act caused the death. We are sorry if you are reading this for that reason.

No official source publishes an average oilfield settlement, and insurance limits vary widely. Many cases take one to three years because of multiple companies and contract fights.

Can I be fired for reporting, or because of my immigration status?

Retaliation for raising safety issues is illegal under federal law, and a complaint must be filed within 30 days. Your right to a safe workplace does not depend on your immigration status. Being paid as a contractor does not automatically mean you have no claim. The real test is who controlled your work.

What mistakes hurt oilfield injury claims?

• Assuming only your employer can be responsible.
• Signing a non-subscriber injury plan at the clinic.
• Leaving town without the names of the companies on the lease.
• Throwing away damaged gear or hard hats.
• Missing Arizona's 1-year third-party deadline if your case is there.
• Treating your per diem and overtime as if they do not count.

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