Liability for Contractor Injuries on Texas Oil Fields
Oil fields have numerous hazards that can lead to accidents that cause severe injuries and disabilities for workers. Many of the workers in oil fields in Texas work as contractors for the oil and gas companies and the service companies.
But who bears liability for a contractor’s oilfield injuries if they get hurt in an accident on-site in Texas? Financial responsibility for a contractor’s injuries and losses can depend on the causes of the accident and who was at fault. In some cases, several parties could be liable for an injured oil worker’s losses.
Contact The Callahan Law Firm today or call 24/7 at (713) 589-7767 for a free initial case review with a Texas oil field accident lawyer to discuss your options if you have suffered oil field injuries as a contractor. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. We can help!
What Happens if a 1099 Employee Gets Hurt on an Oil Field Job in Texas?
When a person performs oil field work in Texas as a 1099 independent contractor, they lack many of the same legal benefits afforded to W-2 employees, including, most critically, workers’ compensation coverage.
Businesses do not have to extend workers’ compensation coverage to workers they hire as independent contractors. In fact, in Texas, even employees are not covered by workers’ compensation if their employer opts out of the system as a non-subscriber.
Instead, an independent contractor or an employee of a non-subscriber can pursue a personal injury claim under certain circumstances or a third-party injury claim against other parties besides an oil company or oil field operator when those third parties cause an accident.
Can an Injured Contractor Sue the Oil Company or Operator?
An injured oil field contractor in Texas may have a legal claim against an oil company or oil field operator if the company’s negligence caused the accident. For example, a contractor may have a claim if the oil company negligently maintained equipment at an oil field site or if the oil field operator created inherently dangerous conditions on a well site.
Some examples of negligence that could lead to liability for an oil company or oil field operator for a contractor’s accident injuries include:
- Failing to inspect the oil field and address obvious hazards, such as broken, malfunctioning, or missing safety equipment
- Failing to coordinate work between different contractor crews
- Failing to warn about known dangers on the property
- Creating unsafe site conditions, such as drilling wells that have a risk of rupturing, installing inadequate lighting, or constructing unstable working surfaces
- Providing inadequate site security, which can lead to trespassers who damage equipment and create hazardous conditions that risk an accident
Is a General Contractor Liable for the Negligence of a Subcontractor in Texas?
In Texas, a general contractor on a worksite, such as an oil field, may bear liability for the negligence of a subcontractor they retained. In most cases, a general contractor can bear responsibility for a subcontractor’s negligence when the general contractor retains significant control over how the subcontractor performs their work.
For example, a general contractor could bear fault for an oil field accident if they actively supervise a subcontractor’s work and provide substantial instructions to the subcontractor on how to perform their work.
A general contractor may also bear liability if the subcontract gives the general contractor the right to control the subcontractor’s work, and the general contractor’s right to control played a factor in the accident. Evidence of a general contractor’s right to control work includes maintaining constant supervision over subcontractors as they work, directing subcontractors to perform specific tasks, and conducting regular safety inspections of the subcontractor’s work area.
Other Potentially Liable Parties in Oil Field Accidents
Other parties who may bear liability for a contractor’s injuries sustained in an oil field accident include:
- Equipment manufacturers – An oil field equipment manufacturer may bear responsibility for an oil field accident caused by one of their pieces of equipment suffering a catastrophic failure due to a design, manufacturing, or assembly defect.
- Equipment inspectors – Companies working on oil fields may hire third-party inspectors to examine heavy equipment for potential defects or maintenance issues. Inspectors may bear responsibility for an accident caused by mechanical failures that result from defects or maintenance issues missed due to an inspector’s negligence.
- Equipment rental companies – Many oil field operators and contractors use rented heavy equipment. An equipment rental company can bear responsibility for an accident caused by a piece of the company’s equipment that suffered a catastrophic mechanical failure due to inadequate maintenance and repairs.
- Truck drivers and trucking companies – Oil field sites have numerous 18-wheelers and other heavy trucks hauling equipment, materials, or extracted oil and gas. Negligent truck drivers and trucking companies may bear liability for truck accidents that occur on oil fields.
- Other contractors or subcontractors – Oil companies and oil field operators may hire contractors and subcontractors to perform various kinds of specialty work. When one of these contractor companies does negligent work, they may create hazards that lead to accidents, which injure other people on site.
Why Oil Field Injury Cases Are Complex – And Why You Need a Lawyer
Workers who get hurt in oil field accidents may face complex factual and legal issues when pursuing compensation for their injuries and losses. For example, complex evidence can make it challenging to identify the parties responsible for causing the accident. A worker’s employment status (employee vs. independent contractor) can also affect liability and determine the worker’s legal options for seeking compensation.
As a result, injured oil field workers need experienced legal advice and advocacy to help them seek maximum compensation. A lawyer from The Callahan Law Firm can help an injured worker identify at-fault parties and evaluate their legal rights to financial recovery. Our experienced attorneys can also investigate the accident, recover and review evidence, and build a compelling legal case to prove fault for an oil field accident.
Our oil field accident lawyers can also document a worker’s injuries and determine their current losses and future financial needs to help them pursue the full extent of their economic and personal losses.
Contact Our Texas Oil Field Accident Lawyers Today
If you suffered injuries in an oil field accident, you need experienced legal counsel to analyze your unique situation and explain your options for seeking compensation for your medical treatment, lost income, and other financial and personal losses.
Contact The Callahan Law Firm today or call 24/7 at (713) 589-7767 for a free, no-obligation consultation with our Texas oil field accident lawyers to learn how our firm can fight for the financial relief you need and deserve for your injuries.