Oilfield accident for a Dallas worker: comp, non-subscribers and who else can be sued
Dallas is not an oil patch, and we found no count of active wells in the city. City code requires a permit for any gas well, and the Barnett Shale starts near the city, but a Dallas-based worker may be hurt far away. You have 30 days to tell your employer and 1 year to file the comp claim. Texas lets many employers skip comp, so ask early.
Last checked November 9, 2026 · Official sources (38)
Is there oilfield work in Dallas?
Not much that we could verify. Dallas City Code bars drilling, fracturing, operating or producing a gas well without a city gas well permit. The Railroad Commission says the productive Barnett Shale stretches from the city of Dallas west and south. We did not find a count of wells working inside the city.
A Dallas-based worker may be hurt far from Dallas. In 2023, Texas had 36 deaths in mining, quarrying, and oil and gas extraction, 23 of them from transportation incidents. OSHA says highway crashes are the leading cause of oilfield deaths, roughly 4 of every 10.
That affects who investigates. The Dallas Area Office of OSHA works from Richardson, 972-952-1330. But a December 2024 drilling inspection near Andrews went through the Lubbock Area Office. The office near the well may be the one that handles your case.
Does your employer have workers' comp if you live in Dallas?
Maybe not. Private employers can opt out in most cases. By law your employer must tell you if it has coverage, and a state list names the registered non-subscribers. Public employers, such as cities and public schools, must have coverage.
| Your situation | What you can do | Time limit |
|---|---|---|
| Employer has comp | Claim comp benefits. You can still sue a third party. | Tell your employer in 30 days. File in 1 year. |
| Employer is a non-subscriber | Sue the employer. It cannot argue you assumed the risk, but you must prove its negligence. | Generally 2 years. |
| A well owner, operator or contractor caused it | Third-party claim. An owner is liable only if it kept some control of the work. | Generally 2 years. |
| A worker died | Punitive damages are allowed for intentional acts or gross negligence. | Ask quickly. Employers must tell OSHA about a death within 8 hours. |
Before you sign a waiver of your right to sue, know that Texas requires an evaluation by a non-emergency doctor first.
Can a Dallas oilfield worker sue someone besides the employer?
Often, yes. The well owner, a drilling contractor, a trucking company or an equipment maker may share fault. Texas voids many promises to cover the other side's own negligence, but the promise can stand if insurance was agreed in writing, up to $500,000 for a one-way deal. Contracts decide a lot, so ask for yours.
What are the main oilfield dangers for workers from Dallas?
- Highway crashes. They are the leading cause of oilfield deaths.
- Hydrogen sulfide gas. It is a leading cause of gas inhalation deaths at work and can overcome workers almost immediately.
- Gaps in OSHA rules. Only site preparation falls under construction standards, so OSHA may use its General Duty Clause for hazards no specific rule covers.
What should a hurt oilfield worker in Dallas do first?
- Get care. Parkland's Burn Center is the first adult and pediatric burn center in North Texas verified by the American Burn Association, and Parkland is a Level I trauma center.
- Notify your employer in writing inside 30 days.
- Ask in writing if your employer has comp. Check the state non-subscriber list.
- Submit the comp claim inside 1 year.
- Call OSHA's 24-hour hotline, 1-800-321-6742, if the site was unsafe. OSHA cannot cite incidents older than six months.
- If you lost your job for reporting, you have 30 days to file a retaliation complaint.
Questions
How long do I have to sue after an oilfield accident?
Generally 2 years in Texas. A comp claim has a 30-day notice and a 1-year filing deadline.
Does immigration status matter for a safe workplace?
No. Immigration status does not take away the right to a safe workplace.
Can I take comp and also sue someone else?
Yes. You can claim comp and sue a third party.
Does Texas reduce my claim if I was partly at fault?
Yes, and it bars recovery above 50 percent.
Oilfield accident in Dallas? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (38)
- Dallas City Code Sec. 51A-12.202, checked 2026-11-09. “No person shall participate in site preparation, drilling, reworking, fracturing, operation, production, or any other related activity without first obtaining a gas well permit issued by the city”
- Railroad Commission of Texas, Barnett Shale, checked 2026-11-09. “the productive part of the formation is estimated to stretch from the city of Dallas west and south”
- Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
- 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”
- Texas Department of Insurance, checked 2026-11-09. “In Texas, private employers can choose to carry workers' compensation insurance coverage (subscribers), but it is not required in most cases.”
- 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.”
- Texas Labor Code 406.033, checked 2026-11-09. “the employee assumed the risk of injury or death”
- Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
- OSHA, Report a Fatality or Severe Injury, checked 2026-11-08. “A fatality must be reported within 8 hours.”
- OSHA, Report a Fatality or Severe Injury, checked 2026-11-08. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
- U.S. Bureau of Labor Statistics, Fatal occupational injuries in Texas, 2023, checked 2026-11-09. “Mining, quarrying, and oil and gas extraction(9) | 36 | | 23”
- OSHA, checked 2026-11-09. “Highway vehicle crashes are the leading cause of oil and gas extraction worker fatalities.”
- 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”
- OSHA, Texas area offices, checked 2026-11-08. “1100 East Campbell Road, Suite 250 Richardson, TX 75081 (972) 952-1330”
- OSHA Establishment Search, Inspection 1793780.015, checked 2026-11-09. “Inspection Information - Office: Lubbock Area Office”
- Texas Department of Insurance, checked 2026-11-09. “Get a list of registered non-subscribers at Texas Open Data Portal”
- Texas Department of Insurance, Coverage verification, checked 2026-11-08. “All Texas governmental entities (public school, utility, city, or county) must have workers’ compensation coverage.”
- Texas Labor Code 417.001, checked 2026-11-09. “may also pursue a claim for workers' compensation benefits under this subtitle”
- Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
- 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”
- 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”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- 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”
- 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”
- 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”
- Texas Civil Practice and Remedies Code 127.005, checked 2026-11-09. “the parties agree in writing that the indemnity obligation will be supported by liability insurance coverage”
- Texas Civil Practice and Remedies Code 127.005, checked 2026-11-09. “the amount of insurance required may not exceed $500,000”
- OSHA, checked 2026-11-09. “Hydrogen sulfide is one of the leading causes of workplace gas inhalation deaths in the United States.”
- OSHA, checked 2026-11-09. “It can quickly, almost immediately, overcome unprepared workers, including rescue workers.”
- OSHA, checked 2026-11-09. “site preparation is the only aspect of oil and gas well drilling and servicing operations covered by 29 CFR 1926”
- OSHA, checked 2026-11-09. “when a serious hazard exists in the workplace that is not addressed by a specific OSHA standard”
- Parkland Health, Burn Center, checked 2026-11-09. “Burn Center is the first adult and pediatric burn center in North Texas verified by the American Burn Association”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “PARKLAND MEMORIAL HOSPITAL 7/1/2028 E DALLAS 75235”
- OSHA, Report a Fatality or Severe Injury, checked 2026-11-08. “Call the OSHA 24-hour hotline at 1-800-321-6742”
- OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
- OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
- U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”