Find an oilfield accident lawyer in Midland: comp, non-subscribers and who to call

First check whether your employer has workers' comp. Texas lets most private employers opt out, and you can look it up in TDI's TXCOMP system. Give your employer notice within 30 days, then file the comp claim within 1 year. OSHA's Lubbock office covers Midland.

Last checked November 9, 2026 · Official sources (44)

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Road map of Midland and the Permian Basin showing I-20, SH 349 and Loop 250, roads that carry oilfield trucks
Tell your employer within 30 days; file the comp claim in 1 year. Map data © OpenStreetMap contributors.

Does my Midland oilfield employer have workers' comp?

You can find out in minutes. TDI's TXCOMP system shows whether an employer had comp coverage on your injury date. An employer must tell each employee whether it has coverage. Private employers in Texas can choose not to carry it.

If your employer...What it meansWhat to do
Has comp (a subscriber)Comp pays medical bills and part of lost pay, and you generally cannot sue the employer.Tell your employer in 30 days. File DWC Form-041 in 1 year.
Has no comp (a non-subscriber)You may sue the employer, which cannot say you assumed the risk or blame your negligence.You must prove the employer's negligence. You have 2 years to sue.
Is a contractor on someone else's siteYou may have comp and a claim against a third party.The comp carrier is repaid from your net recovery first.

Be careful with post-injury waivers. A non-subscriber waiver is limited, and it needs a medical evaluation first. Texas keeps a public list of registered non-subscribers.

Why are oilfield road crashes around Midland so serious?

Because the work is on the road. Highway vehicle crashes are the leading cause of oil and gas worker deaths, about 4 of every 10.

TxDOT counted 25,126 crashes in the Permian Basin energy region in 2025, with 284 deaths and 923 serious injuries. It says more truck traffic in oil and gas areas can mean road wear, limited visibility and less room to maneuver on rural roads. I-20 sees significant truck traffic, much of it energy-related.

If a truck crash hurt you on the job, you may have two paths: comp through your employer and a claim against the other driver or their company.

Which agencies handle oilfield injuries in Midland?

AgencyWhat it doesContact
Division of Workers' Compensation, Midland/OdessaComp claims and disputes4500 West Illinois Avenue, Suite 315; 800-252-7031, option 1
Office of Injured Employee CounselFree help for injured workers and for families of workers killed on the jobMidland Field Office; call first, 866-393-6432
OSHA, Lubbock Area OfficeWorkplace safety complaints and inspections1205 Texas Avenue, Room 806; (806) 472-7681
Railroad Commission of Texas, MidlandOil and gas district office10 Desta Dr, Suite 500 E; 432-684-5581

A work death must reach OSHA within 8 hours, and a hospitalization or amputation within 24 hours. A citation is out of reach once an incident is more than 6 months old. OSHA records list an inspection at a Midland drilling site under the Lubbock office.

What other dangers make Midland oilfield claims different?

  • Hydrogen sulfide is a leading cause of workplace gas inhalation deaths, and it can overcome workers almost immediately.
  • Texas counted 26 work deaths in support activities for oil and gas operations in 2024. Natural resources and mining work deaths rose from 51 to 62.
  • When no specific OSHA standard covers a serious hazard, the General Duty Clause can still apply.
  • A promise to cover the other side's own negligence is often void under Texas law, unless insurance backs it.

What should I do after an oilfield injury in Midland?

  1. Call 911 and report the injury to your supervisor. Midland Fire medics respond across the city and the county.
  2. Get care. Midland Memorial's emergency department has a Level 3 trauma designation.
  3. Within 30 days, put the injury in writing to your employer.
  4. Look up your employer's comp coverage on TXCOMP.
  5. Photograph the site, equipment, gauges and hazard signs. Keep your gear.
  6. Call OIEC for free help at 866-393-6432.

What if a family member died in an oilfield accident in Midland?

We are sorry. OIEC also helps the beneficiaries of workers who die from work accidents. The Midland County Medical Examiner, at 301 S. Main St., Bldg. H, 432-688-4795, determines cause and manner of death.

If the employer had no comp, Texas allows the surviving spouse or heirs to seek punitive damages for an intentional act or gross negligence. The deadline to sue is 2 years.

Questions

Can I be fired for reporting an unsafe site?

Federal law protects you. You can file a retaliation complaint within 30 days, and the right to a safe workplace applies regardless of immigration status.

Does Midland have an OSHA office?

No. OSHA's Lubbock Area Office covers Midland, at (806) 472-7681.

Who investigates a pipeline or well problem?

The Railroad Commission of Texas has an oil and gas district office in Midland, 432-684-5581.

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Sources (44)

  1. Texas Labor Code 406.002, checked 2026-11-09. “an employer may elect to obtain workers' compensation insurance coverage”
  2. TDI, TXCOMP, checked 2026-11-08. “Verify an employer’s workers’ compensation coverage”
  3. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  4. TDI, DWC Form-041, checked 2026-11-08. “within one year of the dat”
  5. OSHA, Texas area offices, checked 2026-11-08. “1205 Texas Avenue, Room 806”
  6. OSHA, checked 2026-11-09. “Highway vehicle crashes are the leading cause of oil and gas extraction worker fatalities.”
  7. TxDOT, Energy sector safety, checked 2026-11-08. “less room to maneuver around hazards on rural roads and highways”
  8. OIEC, Offices, checked 2026-11-08. “Midland Field Office 4500 West Illinois Avenue, Suite 315”
  9. OIEC, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost”
  10. 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.”
  11. Texas Labor Code 408.001, checked 2026-11-09. “is the exclusive remedy of an employee covered by workers' compensation insurance coverage”
  12. Texas Labor Code 406.033, checked 2026-11-09. “the employee assumed the risk of injury or death”
  13. Texas Labor Code 406.033, checked 2026-11-09. “the employee was guilty of contributory negligence”
  14. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  15. 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”
  16. Texas Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
  17. 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”
  18. 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”
  19. Texas Department of Insurance, checked 2026-11-09. “Get a list of registered non-subscribers at Texas Open Data Portal”
  20. 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”
  21. TxDOT, Energy Sector Safety Campaign, checked 2026-11-08. “Permian Basin: 25,126 traffic crashes resulted in 284 fatalities and 923 serious injuries.”
  22. Permian Basin MPO, I-20 Corridor Study Fact Sheet (June 2016), checked 2026-11-08. “The corridor sees a significant amount of truck traffic, much of this is associated with the energy sector.”
  23. TDI, DWC contacts, checked 2026-11-08. “Midland/Odessa Limited lobby hours. Call before visiting.”
  24. TDI, DWC contacts, checked 2026-11-08. “800-252-7031, option 1”
  25. OIEC, Offices, checked 2026-11-08. “866-393-6432”
  26. Railroad Commission of Texas, Locations, checked 2026-11-08. “10 Desta Dr, Suite 500 E”
  27. OSHA, checked 2026-11-09. “A fatality must be reported within 8 hours.”
  28. OSHA, checked 2026-11-09. “An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.”
  29. OSHA, checked 2026-11-09. “OSHA can not issue violations for safety and health incidents that occurred more than six months prior”
  30. OSHA, Inspection Detail 1600456.015, checked 2026-11-08. “Office: Lubbock Area Office”
  31. OSHA, checked 2026-11-09. “Hydrogen sulfide is one of the leading causes of workplace gas inhalation deaths in the United States.”
  32. OSHA, checked 2026-11-09. “It can quickly, almost immediately, overcome unprepared workers, including rescue workers.”
  33. TDI, 2024 Census of Fatal Occupational Injuries, checked 2026-11-08. “Support activities for oil and gas operations 30 30 26”
  34. TDI, 2024 Census of Fatal Occupational Injuries, checked 2026-11-08. “Natural resources and mining increased 22%, from 51 in 2023 to 62 in 2024”
  35. OSHA, checked 2026-11-09. “when a serious hazard exists in the workplace that is not addressed by a specific OSHA standard”
  36. 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”
  37. City of Midland, About MFD, checked 2026-11-08. “provides fire protection and emergency medical services”
  38. Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
  39. OIEC, Ombudsman Services, checked 2026-11-08. “beneficiaries in the case of a work-related death”
  40. Midland County, Office of the Medical Examiner, checked 2026-11-08. “plays a critical role in determining the cause and manner of death”
  41. Midland County, Office of the Medical Examiner, checked 2026-11-08. “432-688-4795”
  42. 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”
  43. OSHA, checked 2026-11-09. “you can file a whistleblower complaint within 30 days of the retaliation”
  44. U.S. Department of Labor, checked 2026-11-09. “You have the right to a safe and healthy workplace regardless of your immigration status.”

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