Undefeated Oilfield Injury Lawyer
After an oilfield injury, companies are eager to blame anyone but themselves. They’ll point to a split-second decision, a misplaced step, or anything else they can think of to suggest an injured worker “should have been more careful” — all to avoid paying victims and their families the compensation they’re owed.
But what happens if you are partly at fault for an oilfield accident? Could you be denied compensation when your actions contributed to your injury? In most cases, the answer is no. While some states mandate that damages be reduced or even barred, depending on the victim’s degree of fault, companies rarely escape any responsibility when their own negligence contributes to an oilfield worker’s injury.
Our Undefeated Oilfield Injury Lawyers have won billions and successfully represented thousands of workers and families against some of the largest corporations in the world. We know exactly how far oil and gas companies will go to deflect blame onto their own employees after a serious accident or explosion, and we know how to effectively counter their tactics so our clients can recover the maximum possible compensation for their injuries and losses.
Oilfield Accidents Almost Never Result from One Worker’s “Mistake”
In our experience, it’s extremely rare for an oilfield accident to result solely from the actions of a single individual. As anyone who has worked on a rig, completion site, or production facility knows all too well, oil and gas extraction is an inherently risky industry. Crews work long shifts, sometimes in extreme weather, surrounded by heavy equipment, high pressures, combustible materials, and constantly changing conditions. When something goes wrong, it can usually be traced to a combination of conditions, decisions, and pressures that set the stage for disaster long before anyone was hurt.
Inadequate Training
All too often, oilfield workers are expected to handle dangerous equipment or perform specialized tasks with only brief instruction. However, in the aftermath of an accident or explosion, the very companies that cut corners will almost always point to a “failure to follow procedure” rather than acknowledge that their employees were never properly trained.
Maintenance Issues
Valves leak, sensors fail, hoists malfunction, and pressure-control equipment wears out—all issues the average oilifield worker can do little to prevent. They’re the result of delayed maintenance, ignored reports, or cost-cutting decisions made by the company.
Unsafe Direction from Supervisors
In their quest for profit, companies rush to extract as much oil and gas from the ground before prices fall. Because of these production pressures, supervisors may push crews to bypass lockout/tagout procedures, skip steps, or “get it done” before a deadline, regardless of the consequences for workplace safety.
Ignored and Neglected Hazards
Slippery decks, unsecured loads, faulty rig steps, broken alarms, and unbarricaded drop zones are all hazards management knew — or should have known — and resolved long before an accident occurs.
Understaffing and Inexperience
Cost-cutting in the oilfield often leads to reduced crew sizes or inexperienced hands performing specialized work. Unfortunately, when someone gets hurt, the company will often try to blame injured workers rather than admit that its staffing decisions created a far more dangerous workplace.
Workers’ Comp as a No-Fault System — and Its Limits
You might assume workers’ compensation will make you whole after an oilfield injury. After all, it pays benefits no matter who is at fault — which means a worker is still entitled to benefits even if they were partially, or even fully, to blame for the accident—or the company claims they were.
Unfortunately, that assumption is far from the truth. While you can receive workers’ comp regardless of your degree of fault, in Texas and every other state, benefits only cover medical bills related to the accident and a percentage of your weekly wages, usually only for a limited time. In exchange for these limited benefits, you are generally barred from suing your employer, even when the company’s negligence clearly caused or contributed to your injuries.
Workers’ comp also pays nothing for pain and suffering, long-term loss of earning ability, disfigurement, mental anguish, or the full cost of future medical care — all of which you could otherwise recover in a personal injury lawsuit or wrongful death claim—unless your employer’s conduct rose to the level of intentional harm or gross negligence.
If you live in Texas, workers’ comp might not even be available to you; it’s the only state in the country that allows private employers to opt out of the system. However, companies that choose to do so also lose the legal protections afforded by coverage and can thus be sued for negligence. What’s more, in defending against a personal injury or wrongful death claim, these employers are barred from asserting that the worker assumed the risk or was partly at fault for the oilfield accident. Their only defense is to claim the worker was the sole cause—a standard that rarely holds up in a modern oilfield operation, where multiple contractors, supervisors, and equipment systems intersect.
All states, including Texas, also allow injured oilfield workers to sue third parties, such as drilling contractors, service companies, equipment manufacturers, maintenance crews, trucking companies, and property owners. If any of these entities contributed to your injuries, they can be held accountable for their share of fault, even if you are collecting workers’ comp through your employer.
Comparative Negligence: What Oilfield Workers Need to Know
If you’re eligible to file a personal injury or wrongful death lawsuit in Texas, your case will be governed by the state’s comparative negligence law.
That means you can still recover compensation even if you — or your deceased loved one — were partly at fault for the oilfield accident, as long as the share of blame does not exceed 50%. However, any compensation you recover will be reduced by that percentage of fault. So if you’re awarded $100,000 and it’s determined that you or your loved one was 20% at fault, the final award would be reduced to $80,000. However, if it’s determined you’re share of blame exceeds 50%, and your employer subscribes to workers’ compensation, you would be barred from recovering any compensation beyond what your benefits provide.
Other major oilfield states use comparative negligence systems as well, but the rules differ slightly among them:
Pure Comparative Negligence
In pure comparative negligence states, such as Louisiana and New Mexico, an injured worker can recover damages regardless of their share of fault. Their recovery is simply reduced by their percentage of responsibility. That means if you are found to be 90% at fault for your injuries, you can still receive compensation for the 10% of liability that does not fall on you.
50% Bar Rule
Under the 50% bar system, an injured worker can recover damages only if they are less than 50% at fault. If their degree of fault reaches 50%, the claim is barred. Three major oilfield states — Oklahoma, Colorado, and North Dakota — follow this rule.
51% Bar Rule
Under the 51% bar system, workers can recover damages as long as they are 50% or less responsible for the accident. A worker found 51% or more at fault is barred from recovery. In addition to Texas, Pennsylvania and Wyoming, follow this rule.
Why Companies Try to Inflate a Worker’s Percentage of Fault
After an oilfield accident, companies know they could face a multimillion-dollar verdict or settlement — potentially one that breaks records. The more blame they can place on you or your loved one, the less they may have to pay. That’s why their internal investigations, incident reports, and insurance interviews often focus on the worker’s conduct rather than their own systemic failures that actually caused the accident.
So how might an oilfield company inflate your share of fault? Some common tactics our attorneys have encountered include:
- Highlighting minor mistakes — Companies exaggerate small missteps to suggest the worker caused their own injuries.
- Pointing to safety rules that were never enforced — Procedures the company routinely ignored during normal operations suddenly become evidence that the worker “failed to follow protocol.”
- Relying on incident reports written to protect the company — These reports often downplay equipment issues, rushed procedures, or unsafe directives and present a one-sided version of what happened.
- Pressuring injured workers into statements — Workers are asked to give written or recorded statements while in pain, medicated, or under stress, and those statements are later used to shift responsibility onto them.
Fortunately, it’s been our experience that these tactics rarely hold up in court. There’s far too much activity on an oilfield — and too many companies share responsibility for equipment maintenance, hazard control, staffing decisions, safety protocols, and supervision — for any one worker to be primarily responsible, let alone the sole cause, of an accident. Once our Undefeated Oilfield Accident Lawyers gain access to maintenance logs, supervisor communications, staffing records, training histories, and internal safety audits, the true picture becomes much clearer — and it almost always contradicts the company’s attempts to shift blame to their employees.
How You Can Beat the Company’s Attempts to Shift Blame
After an oilfield accident or explosion, companies move quickly to control the narrative. They’ll look for anything — a comment you made, a step you took, or a form you signed — that can later be twisted to suggest you were at fault. Fortunately, there are several precautions you can take to prevent them from doing so.
Don’t Give a Recorded or Written Statement
Oilfield companies and their insurers may push you to provide a statement before anyone understands what actually happened. However, if you comply, they won’t hesitate to twist your words or take them out of context in a way that places blame on you. When you’re in pain, medicated, or overwhelmed, you’re far more likely to say something the company can weaponize against you. No matter how much they pressure you, you are not legally obligated to provide a statement, and it’s in your best interest not to.
Don’t Sign Anything Without Consulting an Attorney
Incident reports are almost always written to protect the oilfield company. They minimize equipment problems, unsafe instructions, or hazards that led to the injury. If a report doesn’t reflect what actually happened — or if you’re being pressured to sign quickly — you have the right to refuse. Don’t sign anything at all until you’ve had a chance to speak with an attorney.
Get Immediate Medical Care and Follow Every Recommendation
Companies frequently argue that a worker’s injuries weren’t caused by the accident, weren’t serious, or were “made worse” because the worker didn’t follow the treatment plan. Seeking prompt medical treatment and following every recommendation not only protects your health — it shuts down these arguments before they’re even raised.
Avoid Discussing the Accident with Anyone
Anything you say — even innocent remarks — can be taken out of context and used to shift responsibility onto you. Social media posts, photos, or comments can also be misinterpreted by insurers trying to downplay your injuries. Keeping quiet prevents your words from being manipulated.
Hire an Experienced Oilfield Injury Lawyer
If you attempt to deal with the company on your own, you’re far more likely to make a mistake that could seriously damage your case. The sooner you hire our experienced oilfield lawyers, the sooner we’ll get access to maintenance logs, supervisor communications, training records, staffing documents, and internal safety audits, and the harder it becomes for the company or its insurer to shift blame to you.
Contact Our Undefeated Oilfield Injury Lawyers for a Free Consult at 1-888-603-3636
In addition to winning billions for our clients, our Undefeated Oilfield Accident Lawyers have consistently recovered record-setting verdicts and settlements—including the #1 Largest Oilfield Accident Settlement in US History and the #1 Largest Oilfield Burn Injury Settlement in US History—for workers and families in Texas, New Mexico, Louisiana, and across the United States.
If the company claims you were partly at fault for an oilfield accident, don’t take their word for what happened. Call 1-888-603-3636 or Click Here to send us a confidential email through our contact form.
All consultations are free, and you’ll pay nothing unless we win your case.