If you work in oil fields in East Texas, you know very well that those fields can be dangerous. Explosions happen, equipment breaks down. Workers fall from great heights. When you get hurt, you must know your options.
Most workers think workers’ comp is their only choice. That’s not always true. Texas law gives you other paths to explore.
Why workers’ comp might not be enough
Workers’ comp pays your medical bills. It covers some lost wages too. However, it won’t pay for your pain and suffering. It won’t cover the full amount you could have earned.
Often, that’s just not enough. If someone else caused your accident through carelessness, you might have bigger claims to make. Texas law lets you file personal injury cases outside the workers’ comp system in certain situations.
When can you sue someone else
You can’t sue your direct employer in most cases, but you can go after other parties who played a role in your injury.
Did a machine malfunction and hurt you? The company that made it might owe you money. Did a contractor ignore safety rules? They could be on the hook for damages. Did a truck driver cause a crash at your work site? Their insurance should pay.
These third-party cases take more work to prove. But they often pay much more than workers’ comp alone.
What you need to prove
To win a case against someone other than your employer, you need to show they were careless. That means proving four things:
- They had a duty to keep you safe.
- They failed to do that duty.
- Their failure caused your accident.
- You got hurt because of it.
Texas uses something called “proportionate responsibility.” This means if you played a part in causing your accident, it might reduce what you can collect. However, you can still win money as long as you’re less than 51% at fault.
Time limits matter
Don’t wait too long to act. Texas gives you two years from your accident date to file most personal injury claims. Miss that deadline and you lose your chance forever.
The sooner you talk to a lawyer, the better. They can start gathering evidence while it’s still fresh. Witnesses remember more when you talk to them right away.
Additional steps to take
You deserve full compensation for your injuries. Workers’ comp helps, but it might not be your only option. If someone else’s carelessness caused your accident, you could have a much bigger case.
Talk to a personal injury lawyer who has experience in handling oil field accidents cases. They can review your case and tell you what options you have. Don’t settle for less than you deserve.