Oilfield workers in West Texas face serious risks every day, whether it’s from poorly maintained equipment, unqualified contractors, or dangerous job sites. After an accident, many injured workers assume they can only file a workers’ compensation claim. But that’s not always true, and believing it can cost you your future.
The truth is that Workers’ Comp will never fully compensate you for all of your injuries and losses. And limiting yourself to those benefits means being forced to see a company-approved doctor, rushed back on the job before you’re fully healed, and ultimately shortchanged while your employer and their insurer save money at your expense.
If someone other than your employer played a role in the incident—like a negligent subcontractor, equipment manufacturer, or property owner—you may be able to pursue a third-party liability claim. This kind of lawsuit can provide significantly more compensation than workers’ comp alone, including damages for pain and suffering, lost future earnings, and full medical expenses.
Here’s what you should know about third-party liability claims after oilfield accidents in West Texas and how an attorney can help.
Understanding Third-Party Liability Claims in Texas Oilfields
A third-party liability claim happens when someone other than your direct employer is responsible for your injuries. Oilfields usually involve many contractors, suppliers, equipment providers, and other businesses. Any of these third parties could potentially cause harm through negligence or carelessness.
For example, if defective equipment caused your injury, the manufacturer of that equipment could be held liable. Similarly, if an independent contractor failed to follow safety rules and caused your injury, they could also be responsible.
Common Third-Party Claims in Oilfield Accidents
Third-party liability claims often involve situations like:
- Defective or faulty machinery
- Equipment maintenance errors by independent contractors
- Vehicle accidents caused by third-party drivers
- Failure of subcontractors to follow safety procedures
- Negligent behavior from suppliers delivering hazardous materials
These types of incidents are common in oilfields, where many different companies work closely together.
Why File a Third-Party Liability Claim?
Workers’ compensation in Texas covers medical expenses and some lost wages, but it usually doesn’t fully cover all of your losses. Importantly, it also does not cover your pain and suffering or other emotional distress.
With a third-party liability claim, you can seek compensation for full economic and non-economic damages, such as:
- Medical bills (past and future)
- Lost income and lost future earning capacity
- Pain and suffering
- Emotional distress or mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
By filing a third-party claim, you can recover compensation beyond what workers’ compensation provides.
How Do You File a Third-Party Liability Claim in West Texas?
By and large, filing a third-party liability claim is similar to any personal injury lawsuit. However, these cases can require substantial investigatory work and evidence-gathering processes.
Overall, the steps typically include:
- Investigating your accident thoroughly to identify the responsible third parties
- Gathering evidence, such as accident reports, witness statements, and expert testimony
- Calculating the full extent of your losses, including medical bills and lost wages
- Sending a detailed demand letter to the third party’s insurance company, outlining your claim and the compensation you seek
- Negotiating with insurers to reach a fair settlement
If negotiations don’t produce a fair outcome, your attorney can file a lawsuit in court.
How an Attorney Can Help Your Third-Party Liability Claim
Third-party liability cases are often complicated. Having an experienced West Texas oilfield accident attorney can make a significant difference. Your lawyer will:
- Investigate the accident to determine who caused your injuries
- Work with industry experts to strengthen your claim
- Collect essential evidence to clearly show third-party liability
- Negotiate effectively with insurance companies for maximum compensation
- Represent your interests if the case goes to trial
Having a skilled attorney increases your chances of receiving the compensation you need and deserve.
What if Your Employer Doesn’t Have Workers’ Compensation?
Unlike other states, Texas does not require employers to carry workers’ compensation coverage. If your employer doesn’t offer workers’ compensation benefits, you may directly sue them if their negligence contributed to your accident.
This is known as a “non-subscriber” lawsuit. In these situations, you may be able to file claims against both your employer and any third parties responsible for your injuries.
Contact the Texas Oilfield Accident Attorneys from Zehl & Associates Injury & Accident Lawyers for Help Today, Call (888) 603-3636
If you’ve suffered injuries in a West Texas oilfield accident, determining who caused your injuries and filing the right claims is essential. Workers’ compensation might not fully cover all your expenses, and filing a third-party liability claim can greatly improve your financial recovery. Reach out to a Texas personal injury lawyer today to get started on your claim.
For more information, please contact our oilfield accident attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours