I was hurt on an oil field or drilling rig in Texas. Who is responsible?

The oil field is one of the most dangerous places to work

Oil and gas workers in the Permian Basin, the Eagle Ford and across Texas face long shifts, heavy equipment, high-pressure lines and long drives on rural roads. A CDC and NIOSH study of oil and gas extraction deaths from 2014 to 2019 found that vehicle crashes were the leading cause, followed by workers being struck by or caught in equipment and by explosions. About three-quarters of the workers who died worked for contractors, not for the operator.

Common oilfield injuries

• Crashes while driving between sites, often after long shifts.
• Being struck by pipe, tongs, chains, high-pressure lines that whip loose, or falling equipment.
• Fires, explosions and well blowouts.
• H2S exposure. More on chemical exposures.
• Falls from derricks, rig floors and tanks.

Who can be responsible

A single well site can have a dozen companies on it. The operator owns or leases the well and hires the contractors. The drilling contractor runs the rig and crew. Service companies handle cementing, fracking, wireline, trucking, water hauling and well testing. Each is responsible for its own equipment and people, and an injury often happens where one company's work meets another's.

• Claims against the operator: Texas Chapter 95 can apply. The Texas Supreme Court's 2019 decision in Endeavor Energy Resources v. Cuevas, which applied Chapter 95, came from a West Texas oil well. The operator is liable if it controlled how the work was done and knew of the danger.
• Claims against other contractors and service companies: ordinary negligence rules, and they aren't protected by your employer's workers' comp.
• Trucking and crash claims: against the driver and the company, often with commercial insurance.
• Manufacturers of defective equipment.

Oilfield contracts often shift costs between companies through indemnity agreements. Those agreements are between the companies; they don't take away your right to claim against the companies responsible for your injury.

The evidence we go after

• The daily drilling reports and job safety analyses for the shift.
• Which company controlled each part of the work, from the master service agreements and site supervision.
• Equipment inspection records and the failed equipment itself.
• Electronic logs, GPS and hours-of-service data in crash cases, which show fatigue.
• Witnesses from every company on the site.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

What to do now

Get medical care, write down every company on the location and who supervised your work, and don't give a statement to any company's safety staff or insurer. We take cases from across Texas, by phone or video. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

I work for a service company and got hurt on a rig. Can I sue the operator?

Possibly. Texas Chapter 95 can apply to claims against the operator, which is liable if it controlled how the work was done and knew of the danger. Other companies on the site can be responsible under ordinary negligence rules.

I was in a crash driving between well sites. Do I have a claim?

Possibly, against the other driver and, if a company vehicle or truck was involved, against that company. Fatigue from long shifts and company driving policies can matter. Your employer's role depends on workers' comp.

Does the indemnity agreement in the contract affect my case?

Indemnity agreements shift costs between companies. They don't take away your right to claim against the companies responsible for your injury.

I work in the Permian Basin but live in Houston or Mexico. Can you help?

Yes. We take injury cases from across Texas and work by phone and video, in English or Spanish.

How much is an oilfield injury case worth?

It depends on the injuries, future care, your work and the evidence of responsibility. We give you an honest assessment after reviewing the facts, and we never promise a result.

I was hurt on a frac site. Is that different from a drilling rig?

The same principles apply. Frac sites bring together many service companies, high-pressure lines and heavy equipment, and each company is responsible for its own work and equipment.

The company wants me to sign a release in exchange for a check. Should I?

Not before you understand what you're giving up. A release can end your claims against several companies at once. Talk to a lawyer before you sign.

Authority: CDC/NIOSH: oil and gas extraction fatalities · Endeavor Energy Res. v. Cuevas (Tex. 2019) · Tex. Civ. Prac. & Rem. Code ch. 95 · Tex. Lab. Code ch. 406