Oil Field Injuries in South Texas: Who May Be Responsible?

Oil and gas work in the Eagle Ford Shale and across South Texas means long shifts, heavy equipment, and remote job sites. When a worker is hurt on a rig or a well site, figuring out who is responsible is rarely simple. A single site can have an operator, a drilling contractor, and many service companies and subcontractors working at the same time.

What kinds of oil field injuries are common?

Oil field injuries often come from:

• Blowouts, fires, and explosions
• Falls from rigs, derricks, and platforms
• Being struck by pipe, tools, or equipment
• Being caught in or between moving machinery
• Burns and exposure to hydrogen sulfide (H2S) or other chemicals
• Crashes involving oil field trucks and long drives to remote sites, often made worse by fatigue

These incidents can cause serious burns, crush injuries, amputations, head and spinal injuries, and death.

Who may be responsible for an oil field injury?

Because so many companies work on the same site, responsibility can fall on more than one of them, depending on the facts. Possible parties include:

• The operator that controls the well site
• The drilling contractor running the rig
• Service companies and subcontractors performing specific work, such as well servicing, hauling, or pressure work
• Equipment manufacturers if a defective part or machine contributed to the injury
• Trucking companies and drivers for crashes on lease roads and highways (see truck drivers hit by another 18-wheeler)

Contracts between these companies often address safety duties and insurance, so they can matter a great deal in sorting out responsibility.

How does workers’ compensation affect an oil field claim?

Texas does not require most private employers to carry workers’ compensation insurance.

If your employer has workers’ comp: You can receive workers’ comp benefits, but workers’ comp is generally your exclusive remedy against your own employer (Tex. Lab. Code § 408.001(a)). You may still have a claim against other companies on the site whose negligence caused the injury.

If your employer is a non-subscriber: You may be able to sue your employer for negligence. A non-subscribing employer cannot defend by arguing that you were contributorily negligent, assumed the risk, or were hurt by a co-worker’s negligence (Tex. Lab. Code § 406.033(a)). You still have to prove the employer was negligent (§ 406.033(d)). Our construction injury article explains non-subscriber claims in more detail.

Some oil field workers are told that workers’ comp is their only option when other claims may also exist. It is worth getting the full picture before deciding anything.

What should I do after an oil field injury?

• Get medical care right away and tell the provider the injury happened at work.
• Report the injury to your employer or supervisor in writing. For workers’ comp, notice is generally due within 30 days (Tex. Lab. Code § 409.001).
• Write down the names of the companies on site, your supervisor, and any witnesses.
• Take photos of the area, equipment, and your injuries if you can.
• Be careful about recorded statements and about signing waivers or releases. Texas law limits when a worker can waive claims against a non-subscribing employer (§ 406.033(e)–(f)).

Frequently Asked Questions

My employer is a subcontractor. Can I make a claim against the operator?

Possibly. If the operator or another company controlled the work or the safety conditions that caused your injury, it may share responsibility. The answer depends on the facts and the contracts involved.

What if a family member was killed on an oil field?

Surviving family members may have a wrongful death claim. Even when the employer carries workers’ comp, the surviving spouse or children may seek exemplary damages if the death was caused by the employer’s gross negligence or intentional act (Tex. Lab. Code § 408.001(b)).

How long do I have to file a lawsuit?

The general deadline for a personal injury lawsuit in Texas is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims generally must be filed within two years of the death. Workers’ comp claims have their own deadlines.

Related reading

• Construction Site Injuries in Texas: Workers’ Comp, Non-Subscribers, and Third-Party Claims
• Linemen and Road Crews Hit Near Work Trucks in Texas
• Truck Drivers Hit by Another 18-Wheeler in Texas

Learn more on our Oil Field Injury page.

Talk With Caquias Law Group, PLLC

If you or a family member was hurt in an oil field accident, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. With offices in San Antonio and Harlingen, we represent injured workers across South Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.