The Legal Landscape Behind an Oilfield Injury
Two main legal tracks often come up after an oilfield injury. Workers' compensation is a state-run system that provides benefits for work injuries, such as medical care and part of lost wages, generally without anyone having to prove fault. A third-party liability claim is a civil claim against someone other than the employer, such as a contractor, an equipment manufacturer or a property owner, based on negligence or a product defect. The two tracks can sit side by side, and the guide comparing workers' comp and third-party claims explains how they differ.
Two terms come up often in third-party claims. If you were hurt by an unsafe condition on a site that a property owner or operator controlled, the question may be premises liability, the responsibility that owner or operator may have for those conditions. If a piece of equipment failed, the question may be product liability, the responsibility a maker or seller may have when a defective product causes harm. Whether either applies depends on the facts. An injury does not, by itself, show that anyone was at fault or that any equipment was defective. For a worker or family, what an attorney will usually look at is whether someone owed a duty, whether that duty was breached, whether the breach caused the harm, and what the harm was, or, for equipment, whether there was a defect that caused it.
Federal safety law sits in the background. According to OSHA's Worker Rights and Protections page, "Federal law gives you the right to work in a safe place," and employers "must keep the workplace free from known safety and health hazards." The same page explains that employers must comply with the General Duty Clause of the OSH Act, "which requires them to keep their workplaces free of serious recognized hazards."
State law decides most of the rest. A limitation period is the deadline by which a lawsuit must be filed. Comparative fault is a rule that divides responsibility among the people and companies involved. Wrongful-death claims, which family members may bring after a death, follow their own rules. All of these differ by state, and no single state's rule applies everywhere. The guides on oilfield accident deadlines and fatal oilfield accident claims go further into each.
What is at stake for you is which track, or tracks, may be open and how the state's deadline and fault rules shape them. On a typical oilfield site, more than one business may have controlled the work, the ground or the equipment, which is why the other companies on the location matter, not just your employer.