The oil and gas industry is widely known for the dangerous nature of its work environment. From 2015-2022, the Occupational Safety and Health Administration (OSHA) reported over 2,000 injuries in the oil and gas extraction sectors. Over a similar period from 2014 to 2019, the Centers for Disease Control and Prevention (CDC) recorded 470 worker fatalities in this industry.
In the event of an oil rig accident, working with an attorney can be crucial to protecting your legal rights and securing the best possible outcome for your case. Without legal representation, you may end up settling for less compensation than you deserve or missing legal deadlines. Read on to find out why it’s important and when to reach out to an attorney after an oil rig accident.
Understanding the Dangers of Working on an Oil Rig
Working on an oil rig carries a unique set of safety hazards. Given the nature of the job, employees often find themselves amidst heavy machinery, harsh weather conditions, and potentially hazardous substances.
Physical injuries are common, often resulting from slips, falls, or accidents with heavy equipment and tools. Some examples of these injuries include:
- Fractures
- Crush injuries
- Head and brain damage
- Spinal cord injuries
- Neck and back injuries
Fires and explosions can also pose a significant risk due to the flammable materials handled on the rig. These accidents can result in burns and respiratory injuries.
Exposure to harmful chemicals on oil rigs can also lead to long-term health issues, including skin disease, nervous system damage, and organ failure.
Unfortunately, the remote and isolated location of offshore rigs can sometimes delay medical help in emergencies. Despite rigorous safety protocols, oil rig accidents happen and the resulting injuries can be severe, sometimes even fatal.
Immediate Steps to Take After an Oil Rig Accident
When an oil rig accident occurs, the immediate response can significantly impact the well-being of those involved and can also affect future legal actions. Here are the critical steps to take:
1.Secure Safety: The first priority is to ensure the safety of all personnel. This may involve evacuating the immediate area, preventing further injuries, or mitigating potential subsequent accidents like fires or explosions.
2. Seek Medical Attention: Even if injuries seem minor, it’s important to seek immediate medical attention. Injuries from accidents on oil rigs can be severe and some may not present immediate symptoms.
3. Report the Incident: All accidents, no matter how small, should be reported to the appropriate supervisor or authority on the rig. Make sure details of the accident are recorded accurately in the incident report.
4. Document the Accident: Gather as much information as possible about the accident. This may include taking photos of the accident scene, writing down your account of the incident, and noting the names of any potential witnesses.
5. Preserve Evidence: If possible, preserve any physical evidence associated with the accident. This can include damaged equipment or clothing.
Identifying the Right Time to Hire an Attorney
The aftermath of an oil rig accident can be overwhelming, but speaking with an attorney after completing the steps outlined above can be a good step in protecting your rights.
Should You File for Workers’ Compensation?
After an oil rig accident, seeking workers’ compensation can sometimes be an essential step in securing financial relief for medical expenses, lost wages, and other related costs. Workers’ compensation is a form of insurance that provides benefits to employees who suffer job-related injuries or illnesses.
But, it’s important to be aware that acceptance of certain workers’ compensation benefits may limit your ability to take legal action against your employer later. Consulting an experienced oil rig accident attorney before you file your claim can be important. An attorney can provide advice tailored to your specific circumstances and can aim to ensure you receive the full range of benefits you are entitled to.
Is Your Claim Eligible Under The Jones Act?
The Jones Act, also known as the Merchant Marine Act of 1920, can play a crucial role in legal cases involving oil rig accidents, because it provides a pathway for injured workers to seek compensation beyond typical workers’ compensation benefits. If an oil rig worker is injured on the job and can prove that their injury was caused by the negligence of their employer, a co-worker, or even poor working conditions, the Jones Act allows them to file a lawsuit against their employer for damages. This can include compensation for medical expenses, loss of earnings, future earning capacity, pain and suffering, and other possible damages.
However, not all offshore workers qualify for protection under the Jones Act, as eligibility can be complex and confusing to determine. Workers injured in an oil rig accident should consult an experienced attorney who can help to determine whether the Jones Act applies to their case and guide them through the legal process.
Should You Pursue a Personal Injury Lawsuit?
Filing a personal injury lawsuit after an oil rig accident can be a strategic step in obtaining fair compensation for the injuries and losses you’ve suffered. Unlike workers’ compensation, which only reimburses for medical expenses and a portion of lost wages, a personal injury lawsuit can provide compensation for full wage loss, pain and suffering, future medical costs, and other damages.
However, personal injury lawsuits are often complex legal endeavors. To navigate this process, it’s beneficial to engage an experienced injury attorney. They can help you collect and present necessary evidence, handle all legal paperwork, negotiate with insurance companies, and represent you in court if necessary.
The Importance of Timing in Oil Rig Accident Cases
No matter what course of action you choose to pursue, there are statutes of limitations for reporting oil rig accidents and filing related workers’ compensation claims or personal injury lawsuits. These time limits can vary greatly depending on the specifics of the case and the jurisdiction.
Failure to meet these deadlines can lead to your case being dismissed, regardless of its merits. Given these complexities, it’s recommended to contact an experienced accident attorney as soon as possible after an accident. They can guide you through these legal timelines and fight for your rights to be fully protected.
Working with an Attorney After an Oil Rig Accident
The value of legal representation in oil rig accidents cannot be overstated. Our team at Talbot, Carmouche & Marcello has been fighting to protect the rights of people in Louisiana for over 50 years. If you or someone you know has been the victim of an oil rig accident, schedule a free consultation with us to explore your legal options.