McAllen Oilfield Accident & Injury Claims Defense

If you have been injured in the oil field industry, you need to find an attorney that specializes in personal injury law. They know how to value your claim, and fight for compensation. They will guide you through the entire process, but more importantly, they will identify the party liable for your damages.

Protect yourself by hiring personal injury attorney Ricardo A. Garcia, he is board certified in personal injury law, and has over 30 years of experience fighting insurance companies in and out of court.

Types of Oilfield Accidents We Represent

Oilfield accidents can result from many different sources. From explosions and fires to vehicle collisions, each type of accident brings its own set of challenges. We’ve seen cases where settlements have reached record-breaking figures ranging from millions to over 90 million for burns and explosions.

Understanding the risks associated with the oilfield industry is essential when building a strong legal case when accidents occur. Below, we outline different types of oilfield accidents we have represented over the last 30 years.

Types of Accidents:

• Explosions & Fires: Workers are often surrounded by or working with highly combustible substances, and when safety regulations are not followed, a tiny spark can lead to devastating explosions. Often resulting in severe physical injuries—such as burns, fractures, and traumatic brain injuries—but also long-term psychological trauma.
• Well Blowouts & Rig Failures: Equipment malfunctions often occur due a failure to follow safety protocols, which have been known to cause rig collapses, well blowouts or rig collapses. Often causing death, burns, loss of limbs, TBI and more.
• Equipment Failures and Caught-In/Caught-Between Incidents: This is often due to heavy machinery or falling objects striking workers, causing life altering injuries or death.
• Vehicle Collisions: Most oil and gas companies operate across rural areas where employees operate trucks and other large vehicles.
• Falls, Slips, and Trips: We usually see slip and falls due to job sites being elevated, on drilling rigs and scaffolding.  These accidents usually lead to broken bones, head injuries, TBI, and paralysis.
• Exposure to Hazardous Chemicals and Gases: We often see explosions, but exposure to these toxic chemicals like hydrogen sulfide can cause severe symptoms, ranging from asphyxiation, long-term respiratory issues, and other severe health complications.

Types Of Injuries Suffered in Oilfield Accidents

Due to heavy equipment, toxic gases, and environments, workers often suffer injuries that permanently impact their ability to work and live a normal life. Recent data indicates that:

• Upper extremity injuries account for over 40% of severe injuries, with hand injuries making up 86% of all cases.
• Lower extremity injuries are also very common, which includes fractures or crush injuries due to heavy equipment failure and accidents. 

Other common injuries include broken bones, severe burns, traumatic brain injuries, and amputations. All of these injuries lead to extended medical treatment, long recovery periods, and financial strain.

What to Do Immediately After an Oilfield Accident

Taking the right steps immediately after an accident is crucial for protecting your rights and ensuring the best possible outcome for your claim. When an accident occurs, your safety is the top priority, and quick, informed action can make a significant difference in your recovery.

Before you speak with anyone, follow these essential steps:

• Seek Immediate Medical Attention:
  Get treatment from a doctor of your choice. Early medical documentation is critical to your case, as it establishes the extent of your injuries and begins the healing process.
• Document Everything:
  Write down the details of the accident while they’re fresh in your mind. Take photographs, record witness statements, and keep a detailed journal of your injuries and related impacts.
  This documentation not only supports your claim but also helps counter any later disputes by the responsible parties.
• Avoid Giving Statements to the Employer or Insurer:
  Do not sign any paperwork or provide recorded statements until you’ve spoken with an experienced oilfield accident attorney.
• Contact a Specialized Lawyer Immediately:
  The sooner you get expert legal help, the better your chances of preserving critical evidence and building a strong case.

Employers and Insurance Companies Are Not Your Friend

Employers and insurance companies will try a number of things to save themselves money. They often try to claim your injuries are your own fault or will hide and throw out evidence that harms your case.  They have one goal in mind, to avoid paying out full compensation. If they have already made an offer, there is a high probability that your claim is worth far more.

They will protect themselves using various tactics to reduce their responsibility to you. Some common techniques we’ve seen them use are as follows:

• Asking for a recorded statement
• Having a private investigator follow you and produce video/photo evidence of you
• “Accidentally” misplacing vital evidence that helps your case and hurts theirs
• Pointing fingers at your to show that you were actually the one responsible for your own injuries because you weren’t following safety protocol
• Getting statements and opinions from coworkers or experts that they hired to discredit you
• Making you go to doctors that work for them to downplay your injuries
• Using your social media posts against you to try to prove that you were lying about your injuries

What Happens If You File a Lawsuit While Receiving Workers’ Compensation

In Texas, injured oilfield workers have a right to file a personal injury lawsuit while still receiving workers’ comp benefits. This dual approach allows for:

• Full Compensation for Your Damages: Workers’ comp usually covers a portion of lost wages and medical expenses, but it does not include non-economic losses like pain and suffering, emotional distress, or future earnings losses. A lawsuit can help recover the losses.
• Protection of Your Legal Rights: If you have an experienced oilfield accident attorney on your case, they will ensure that your settlement covers the true value of your injuries and losses. On top of what workers’ compensation provides.
• A Comprehensive Claim Strategy: We are here to help you review the case, gather facts and critical evidence, and work with experts whenever to prove your compensation is valid and full.  This process will often include negotiations with insurance companies, and taking your case to trial if a settlement cannot be reached out of court.

Why Workers’ Compensation Benefits Do Not Cover All Of Your Damages

Texas Workers’ compensation programs are designed to provide immediate relief after an injury, but it is limited in its scope, and here is why:

• Limited Coverage of Economic Losses: Workers comp only covers a percentage of lost wages and some medical expenses, but it will not cover your full income, even if you are fully disabled.
• Exclusion of Non-Economic Damages: Workers comp normally will not cover pain, suffering, loss of enjoyment of life, or emotional distress. An attorney can help you obtain non-economic damages in negotiations or trial.
• No Compensation for Future Medical Needs:: If your injury requires ongoing treatment and rehabilitation, workers’ comp will usually not be enough to cover all medical costs or reimburse you for future long term impacts on earning capacity.
• Underreporting and Administrative Delays: Benefits are based on outdated and lacking data, which rarely reflects the full extent of your injuries. An attorney can argue against these limitations and secure a settlement that does cover these needs.

Employers & Insurance Companies After An Accident

Following an oilfield accident, they will do everything they can to minimize their own losses. Here are a few things to watch out for if you are in this situation:

• Pressure to Make A Statement: They want to catch you saying anything that can be used to minimize the amount they owe to you.
• Pressure to Settle Quickly: Insurers will want to settle the claim as fast and low as possible. They will likely downplay your injuries, argue that workers’ comp is your only solution, and make a settlement offer that barely covers your full damages.
• Delayed Medical Evaluations and Documentation Issues: Insurers might delay payment for medical treatment, and they will likely dispute the need for medical procedures and treatment. This will allow them to cover less of your medical bills, but after the claim is finalized, you are left with more bills and expenses due to the full extent of your injuries not being handled.
• Aggressive Negotiation Tactics: Insurance companies are in the business of making money, and not paying out money they done have to. They will use every tactic they can to reduce how much they owe you, and try to have your claim cancelled if possible.

The Entire Process: How We Get You Compensated

When you choose to work with the oilfield accident attorneys at our law firm, you are not just getting legal representation, you are putting dedicated, and experienced partners on your case. They know how to get you the full compensation you deserve.

1. Free Initial Consultation and Case Evaluation: We start with a thorough, no-obligation consultation where we listen, and review the details of your case, your medical records and documentation. This will help us identify all liable parties, whether it’s your employer, contractors, or equipment manufacturers.
2. Thorough Investigation and Evidence Gathering: Our team along with industry experts will reconstruct the accident, review safety protocols, and gather critical evidence:
   • Accident reports and logs
   • Photographs and videos of the scene and hazards
   • Witness statements
   • Expert testimony
   • Documentation of medical treatments and expenses
3. Claim Valuation: Using a combination of traditional data and emerging statistics, we determine the full extent of your losses. This includes:
   • Immediate and future medical costs
   • Lost wages and diminished earning capacity
   • Compensation for pain and suffering and other non-economic damages
   • Punitive damages when employer negligence is proven
4. Strategic Negotiations: We negotiate assertively with the insurance company and responsible parties. Our goal is to ensure a settlement that fully compensates you for your losses.
5. Litigation and Trial Preparation: If a fair settlement isn’t reached, we’re prepared to take your case to trial. Our firm has a proven track record of winning cases that deliver record-breaking verdicts and settlements, ensuring that you’re never shortchanged.
6. Ongoing Support and Guidance: Throughout the process, we keep you informed, answer your questions, and provide the support you need to focus on recovery.

Why You Need Ricardo A. Garcia a Specialized Oilfield Injury Attorney

Navigating the aftermath of an oilfield accident without expert legal help can be overwhelming and risky. Here’s how we help you:

• Expertise in Complex, High-Risk Cases: Oilfield accidents involve unique hazards, complicated regulations, and multiple liable parties. Our attorneys specialize in these cases, and  they know how to build a strong case.
• Maximizing Your Compensation: Insurance companies are notorious for making lowball settlements. We use the law, data, and facts of your case to fight for full compensation of both economic and non-economic. Allowing you to cover medical bills, lost wages, and other future costs.
• Protection of Your Rights: Without an attorney, you risk accepting insufficient compensation or missing critical deadlines. We will ensure your rights are protected and that you pursue every available avenue for recovery.
• Peace of Mind: Recovering from an oilfield accident is physically and emotionally demanding. We are here to handle the complexities of your case. You will be able to focus on healing while we work tirelessly to secure the best possible outcome.
• You Pay Nothing At All Unless We Win Your Case: We will cover all expenses, and you will only pay us if we are able to recover compensation for your damages.

Contact Our McAllen Oilfield Accident Lawyers for a Free Consultation