Find an oilfield accident lawyer in Austin: workers' comp, non-subscribers and OSHA

We could not verify oilfield work inside Travis County. Austin matters because the Railroad Commission, which regulates oil and gas, is headquartered here, so if you live near Austin, the lease where you were hurt was probably in another county. Tell your employer within 30 days, file for comp within 1 year, and sue within 2 years if the employer has no comp.

Last checked November 9, 2026 · Official sources (42)

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Road map of central Texas with Austin at the center and the state Railroad Commission office on North Congress Avenue
24% of Texas employers carried no workers' comp in 2024. Map data © OpenStreetMap contributors.

Is there oilfield work near Austin, and where do Austin workers get hurt?

Not much that we could confirm. We found no verified count of oil wells or oilfield employers in Travis County. The Railroad Commission assigns Travis County to oil and gas District 01, run from San Antonio.

If you live near Austin, the lease was probably elsewhere. The Eagle Ford Shale, for example, is a belt roughly 50 miles wide and 400 miles long, running from the Mexican border into East Texas. The drive to and from a lease is itself a danger: highway crashes are the leading cause of oilfield deaths, roughly 4 in 10.

On the lease, hydrogen sulfide can overcome workers almost immediately.

Who pays an Austin worker hurt in the oilfield?

Your employerWhat you can doKey rule
Carries workers' compFile DWC Form-041 within one yearCovered workers generally cannot sue the employer.
Is a non-subscriber (no comp)Sue the employer for negligenceIt cannot say you were careless or assumed the risk, but you must prove its negligence.
Hired another company that caused the harmClaim comp and sue the third partyYour net recovery first repays the comp insurer.
Owns the well siteClaim against the owner, in limited casesThe owner must have kept some control over the work.

Contracts between companies can try to shift blame, but a promise to cover the other side's own negligence is generally void in Texas oilfield deals.

How do you find out if your Austin-area employer has workers' comp?

  • Ask the employer. It must tell you whether it has coverage.
  • The state Division of Workers' Compensation help line is 800-252-7031, option 1. It answers coverage questions within one business day, and offers help in Spanish.
  • Check the state's list of registered non-subscribers.
  • Visit the DWC Austin office in the Barbara Jordan Building, 1601 Congress Ave. Call first.

The Office of Injured Employee Counsel helps injured workers at no cost, at 866-393-6432.

What should you do in the first weeks after an oilfield injury?

  1. Get medical care and tell the doctor it was a work injury.
  2. Tell your employer within 30 days.
  3. Send DWC Form-041 to the state within one year.
  4. Write down the lease, rig, operator and every company on site. Many oilfield jobs involve several.
  5. Call OSHA's Austin Area Office at (512) 374-0271 if safety rules were broken. OSHA can cite a violation only within 6 months of the incident, so call soon.
  6. For a spill, fire or air release at a well, the Railroad Commission has a 24 hour line: 844-773-0305 or 512-463-6788.

Operators must give the Railroad Commission district office immediate phone notice of a fire, leak, spill or break.

What if a family member died in an oilfield accident?

We are sorry. Family members file DWC Form-042 for death benefits within one year of the death. If the employer had no comp, Texas allows punitive damages in a death case for intentional acts or gross negligence.

A safe workplace right applies regardless of immigration status.

How long do you have to sue after an oilfield accident in Texas?

  • Tell your employer: 30 days.
  • File the comp claim: 1 year.
  • Lawsuit against a non-subscriber or third party: 2 years.

Questions

Can an employer make me waive my right to sue?

Only after an evaluation by a non-emergency doctor. A waiver signed before that is limited.

Does OSHA run a state plan in Texas?

No. Texas has federal OSHA area offices, including the one in Austin.

What if the employer says I am an independent contractor?

Texas looks at who had the right to control the details of the work, so bring your contract and pay records to a lawyer.

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Sources (42)

  1. Railroad Commission of Texas, Divisions and Activities, checked 2026-11-09. “Main Office: 1701 N. Congress Austin, Texas 78701”
  2. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  3. Texas Labor Code 409.003, checked 2026-11-09. “a claim for compensation for an injury not later than one year after the date on which”
  4. Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  5. Railroad Commission of Texas, Oil and Gas Counties and Districts, checked 2026-11-09. “| Travis | 01 | 453 | San Antonio |”
  6. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “In 2024, the percentage of employers that were non-subscribers was the lowest since 2016, at 24%”
  7. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  8. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  9. OSHA, Texas area offices, checked 2026-11-08. “1033 La Posada Dr., Suite 375 Austin, TX 78752-3832”
  10. OSHA, Texas area offices, checked 2026-11-08. “(512) 374-0271”
  11. OSHA, checked 2026-11-09. “Austin Area Office”
  12. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  13. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  14. Railroad Commission of Texas, Eagle Ford Shale, checked 2026-11-09. “trends across Texas from the Mexican border into East Texas, roughly 50 miles wide and 400 miles long”
  15. OSHA, checked 2026-11-09. “Highway vehicle crashes are the leading cause of oil and gas extraction worker fatalities.”
  16. OSHA, checked 2026-11-09. “Roughly 4 of every 10 workers killed on the job in this industry are killed as a result of a highway vehicle incident”
  17. OSHA, checked 2026-11-09. “Hydrogen sulfide is one of the leading causes of workplace gas inhalation deaths in the United States.”
  18. OSHA, checked 2026-11-09. “It can quickly, almost immediately, overcome unprepared workers, including rescue workers.”
  19. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “completed DWC Form-041, within one year”
  20. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  21. Texas Labor Code 406.033, checked 2026-11-09. “the employee assumed the risk of injury or death”
  22. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  23. Texas Labor Code 417.002, checked 2026-11-09. “shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury”
  24. Texas Civil Practice and Remedies Code 95.003, checked 2026-11-09. “the property owner exercises or retains some control over the manner in which the work is performed”
  25. Texas Civil Practice and Remedies Code 127.003, checked 2026-11-09. “is void if it purports to indemnify a person against loss or liability for damage that”
  26. Texas Labor Code 406.005, checked 2026-11-09. “An employer shall notify each employee as provided by this section whether or not the employer has workers' compensation insurance coverage.”
  27. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  28. Texas Department of Insurance, checked 2026-11-09. “A DWC representative will respond and provide coverage information within one business day.”
  29. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Llame y hable con un asistente para el cliente al 800-252-7031, opción número 1.”
  30. Texas Department of Insurance, checked 2026-11-09. “Get a list of registered non-subscribers at Texas Open Data Portal”
  31. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Barbara Jordan Building 1601 Congress Ave. Austin, TX 78701”
  32. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “PO Box 12876, Austin, TX 78711-2876 | 866-393-6432”
  33. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  34. CDC NIOSH, checked 2026-11-09. “The oil and gas extraction industry is made up of three main types of companies:”
  35. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  36. Railroad Commission of Texas, Oil and Gas Accident Reporting, checked 2026-11-09. “Railroad Commission of Texas 24-Hour Emergency reporting line: 844-773-0305 (toll free) or 512-463-6788”
  37. Railroad Commission of Texas, Oil and Gas Accident Reporting, checked 2026-11-09. “Oil and Gas operators are required by §3.20, Chapter 3 (TAC) to give immediate notice of a fire, leak, spill, or break”
  38. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “Claim for workers’ compensation death benefits and send it to DWC or the insurance carrier within one year from the date the employee died”
  39. Texas Labor Code 408.001, checked 2026-11-09. “does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee”
  40. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
  41. Texas Labor Code 406.033, checked 2026-11-09. “the employee, before signing the waiver, has received a medical evaluation from a nonemergency care doctor”
  42. Limestone Products Distribution v. McNamara (Tex. 2002), checked 2026-11-09. “the right to control the progress, details, and methods of operations of the work”

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