Does Workers’ Comp Cover my Injuries and Damages After an Oilfield Accident?

Can I Count on Workers’ Comp After an Oilfield Accident?

Undefeated Oilfield Accident Lawyer

If you’ve been hurt in an oilfield accident, it’s natural to assume that workers’ compensation will take care of you and your family.

But the truth is, workers’ comp was never designed to make you whole. Benefits are limited and rarely come close to what you’ll need to ensure a full recovery, both physically and financially. What’s more, the system allows negligent oil and gas companies to escape accountability, even when they were clearly to blame for an oilfield injury or death. As a result, most will do just about anything to limit your compensation to what little you’re entitled to under the system, no matter what that might mean for you or your future.

Our Undefeated Oilfield Injury Lawyers have successfully represented more than 1,000 oil and gas workers in Texas, Louisiana, New Mexico, and across the United States. We understand just how far companies and their insurers will go to avoid accountability—and we know exactly how to counter their tactics and help our clients recover the maximum compensation possible for all of their injuries and losses.

The True Purpose of Workers’ Comp

Workers’ compensation was originally meant to be a compromise. It allows employees hurt on the job to receive limited medical and wage benefits without having to prove negligence, while protecting employers from personal injury lawsuits and wrongful death claims that could lead to multi-million-dollar verdicts and settlements.

In theory, this trade-off offers workers a fast and predictable means to recover part of their income while avoiding lengthy court battles. In reality, it’s a system that overwhelmingly favors employers and their insurers, who, in our experience, only care about their bottom line.

In the end, the true purpose of workers’ compensation isn’t to make injured workers whole—it’s to protect employers from the full consequences of their negligence.

Workers’ Comp Provides Limited Benefits for a Limited Time

Workers’ compensation benefits rarely come close to what a typical injured worker in the oil and gas industry actually loses. We’ll use Texas—by far the largest oilfield state—as an example.

Temporary Income Benefits (TIBs)

TIBs are paid to Texas workers who can’t return to their jobs because of a work-related injury or illness. They pay 70 to 75% of your average weekly wage, depending on your pre-injury income. Benefits end when you reach Maximum Medical Improvement (MMI)—when the workers’ comp doctor decides further improvement is unlikely—or after 104 weeks (two years), whichever comes first.

Impairment Income Benefits (IIBs)

If you suffer a permanent physical impairment—like a loss of mobility, chronic pain, or permanent scarring—Texas allows for IIBs once TIBs end. These benefits are based on your impairment rating, as assigned by the workers’ comp doctor. For each percentage point of impairment, you receive three weeks of benefits.

Supplemental Income Benefits (SIBs)

SIBs help injured workers who can’t return to their previous jobs or earn their pre-injury wages. To qualify, your impairment rating must be at least 15%. SIBs pay 80% of the difference between 80% of your pre-injury wage and your current earnings. They’re reviewed every three months and can continue for a maximum of 401 weeks (about 7.7 years) from the date of injury—if you meet the state’s strict job-search and income requirements.

Lifetime Income Benefits (LIBs)

Reserved for the most catastrophic injuries—like the loss of both hands, feet, eyes, or total paralysis—LIBs pay 75% of your average weekly wage, with a 3% annual increase for cost of living. As their name suggests, they’re paid for the rest of your life, provided you qualify..

Death Benefits

If an oilfield worker dies from a job-related injury, the surviving spouse and dependents receive 75% of the worker’s average weekly wage, up to the state’s maximum benefit. Spouses typically receive payments for life (unless they remarry), while dependent children are covered until they reach the age of 18—or 25 if enrolled in school.

Medical Benefits

Texas workers’ compensation also covers the cost of “reasonable and necessary” medical care, including doctor visits, hospital stays, surgery, medication, and rehabilitation. There’s no fixed time limit for medical benefits—they can last as long as the treatment is medically necessary. But once you’re declared to have reached MMI, insurers often argue that future care isn’t needed and start denying coverage. As a result, many injured oilfield workers end up paying out-of-pocket for continued treatment or pain management long after their checks stop coming.

Your Choice of Medical Providers May Be Limited

Texas law allows employers to choose whether to use a Workers’ Compensation Health Care Network (HCN)—and that choice determines how much control you have over your choice of medical providers.

If your employer participates in an HCN, you must choose a doctor from the insurance company’s network of contracted providers. This can create a conflict of interest, as these doctors have a financial incentive to keep the insurer happy. That incentive may clash with your best interest, potentially leading your doctors to downplay your injuries, recommend inadequate treatments, or clear you to return to work before you’re physically ready.

If your employer doesn’t use a network, you technically have more freedom to pick your own treating physician. However, the workers’ compensation company still has to approve the treatment. Some won’t hesitate to question whether a treatment is “reasonable and necessary,” no matter how strongly your doctor recommends it.

In either case, the Texas workers’ compensation system gives your employer and its insurance company significant power over your recovery.

Workers’ Comp Doesn’t Pay Anything for Your Non-Economic Damages

Workers’ comp pays for medical bills and partial wages—nothing more. It doesn’t account for the real human cost of a catastrophic oilfield injury: the pain, the emotional trauma, and the permanent impact on your quality of life.

That’s where personal injury and wrongful death lawsuits can make all the difference. Unlike workers’ comp, these legal actions allow you and your family to pursue the full measure of your damages, including both economic and non-economic losses.

If a personal injury lawsuit results in a negotiated settlement, you can be awarded damages for:

Pain and suffering, including chronic pain and permanent impairment.
Mental anguish and emotional distress, such as anxiety, depression, or PTSD.
Loss of enjoyment of life, when injuries prevent you from returning to the activities and independence you once had.
Disfigurement and scarring, which can cause lifelong physical and psychological harm.
Loss of consortium, for the impact an injury has on a marriage or family relationship.
Punitive damages, when a company’s conduct shows gross negligence or willful disregard for safety.

A successful wrongful death lawsuit may allow surviving loved ones to recover compensation for:

Loss of financial support, representing the full value of the worker’s expected lifetime earnings.
Loss of companionship and guidance, recognizing the emotional void left behind.
Loss of consortium, to compensate spouses and family members for the loss of love, comfort, and intimate companionship.
Mental anguish, reflecting the grief, pain, and suffering of surviving family members.
Loss of household services, for the day-to-day contributions the worker provided to their family.
Punitive damages, when the employer’s gross negligence caused or contributed to the death.

A deceased worker’s estate can also file a survival claim under Texas law. Unlike a wrongful death lawsuit, these claims seek damages the worker could have recovered had they lived, such as pain and suffering before death, lost wages, and medical expenses related to the fatal injury. Proceeds of any judgment or settlement are distributed in accordance with the decedant’s will or Texas intestacy when there is no valid will

The potential damages awarded in any of these legal actions can easily amount to hundreds of thousands—or even millions—of dollars in additional compensation for victims and their families. More importantly, they provide a way to hold negligent companies publicly accountable—something the workers’ comp system never does.

When Can a Texas Oilfield Worker Sue Their Employer?

Whether you can sue your employer after an oilfield injury depends on whether they carry workers’ compensation insurance and the exact circumstances of your injury.

If your employer does carry workers’ compensation insurance, Texas law generally shields them from negligence claims, regardless of how seriously you were hurt. However, this shield does not apply when a worker dies due to their employer’s gross negligence or if the company intentionally causes harm. If the evidence supports either of these scenarios, injured workers or their families can sue the employer, even when workers’ comp is available

Employers who opt out of the Texas workers’ comp system can be sued directly. What’s more, they lose the right to assert certain defenses that would normally limit their liability, including:

Claiming you were partly at fault (contributory negligence).
Blaming another worker (co-worker negligence).
Arguing you accepted the risk by doing your job (assumption of risk).

Who Else Can I Sue for an Oilfield Injury or Death?

You also have the right to sue any third parties whose negligence caused or contributed to your injuries or a loved one’s death, regardless of whether or not you’re collecting workers’ comp. On an oilfield site, these parties may include:

Contractors or subcontractors that failed to follow safety procedures.
Well or site operators who ignored unsafe conditions.
Equipment manufacturers that produced defective drilling or fracking machinery.
Maintenance or inspection companies that overlooked mechanical defects.
Trucking or transport companies involved in collisions or load accidents.
Property owners or leaseholders who failed to maintain a safe site.

Identifying every liable party is key to obtaining the maximum compensation possible after an oilfield injury. Rather than relying on company reports or insurer narratives to explain what happened, our attorneys work with top industry experts to identify what caused the accident, how it could have been prevented, and each and every party that deserves to be held accountable.

How Can I Preserve My Rights to Sue After an Oilfield Accident?

When an oil and gas worker is seriously or fatally injured on the job, the companies responsible—and their insurers—know they could be facing a multi-million-dollar verdict or settlement that might even break records. They’ll immediately assemble teams of lawyers and investigators with one goal: to avoid paying you and your family the compensation you deserve—even if that means minimizing your injuries, questioning your credibility, or shifting blame onto you or your coworkers.

If you don’t act just as quickly, crucial evidence can disappear, your right to sue may be lost, and you could end up recovering far less than you deserve—or nothing at all.

Notify Your Employer Right Away: Prompt written notification is required to collect workers’ comp benefits when they’re available. Your written report will also create an official record that will serve as critical evidence should you choose to move forward with a lawsuit.
Document Everything: If you’re physically able and have access to the accident scene, take photos and video of the site, the equipment, and your injuries. Write a full account of the accident while it’s still fresh in your memory, including even small details that might seem unimportant at the moment.
Preserve Evidence: Save any clothes or safety gear you were wearing in a clean plastic bag. Don’t launder this critical evidence or alter it in any way. You’ll also need to obtain names and contact information from any witnesses, in case their official statements are required as evidence in a future lawsuit.
Keep Your Medical Records. Save every report, prescription, and bill, as they serve as proof of your injuries and any long-term care needs. It’s also essential that you follow all medical advice and attend all doctors’ and therapy appointments, as any failure to do so could give the insurance company an opening to question the extent of your injuries.
Assume You’re Being Watched: Insurers often hire investigators to follow and obtain video of injured workers. Even seemingly innocuous actions can be misconstrued to undermine your credibility. Follow your doctor’s restrictions to the letter. If you notice unfamiliar vehicles or suspect someone is following you, write down the date, time, and description of the activity, then notify your attorney.
Limit discussions about your case: Avoid discussing the details of the accident, your injury, or your workers’ compensation claim with coworkers, friends, or family other than your spouse. And never post pictures, videos, or updates about your daily life or activities online, as they could be taken out of context.
Consult Our Underfeat Oilfield Injury Lawyer: Our attorneys have the knowledge and resources to determine exactly what caused your injury and who’s responsible, locate and preserve evidence critical to your case, and negotiate with the insurance company on your behalf. If the responsible companies and their insurers refuse to offer anything less than the maximum compensation possible for all of your injuries and losses, our they’ll be ready for court—where they’ve never lost a case

Contact our Undefeated Oilfield Injury Attorneys for a Free Consultation at 1-888-603-3636 or by Clicking Here

Our Oilfield Injury Lawyers aren’t just undefeated; they’ve recovered billions on behalf of our clients, including record-setting verdicts and settlements for countless oil and gas workers across Texas, Louisiana, New Mexico, and throughout the United States:

If you or a loved one were injured or tragically killed in an oilfield accident or explosion, we’ll commit whatever resources are necessary to hold every negligent company accountable and recover the maximum compensation possible for you and your family.

All consultations are free, and you won’t pay us a penny unless we win your case.

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