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How to Report an Oilfield Accident in Texas

Posted on December 16, 2024 in

Oilfield accidents in Texas are not as uncommon as you might think, but reporting an incident can bring a bunch of questions. If you or somebody you love has been involved with or has knowledge of a serious oil field accident, you may need to speak to an oilfield accident attorney to understand your next steps. If there are any injuries associated with the oil field accident, these must be evaluated and treated, not only for the well-being of those harmed but also for the next steps in any potential injury claim.

Reporting a Texas oilfield accident

Step 1: Ensure Immediate Medical Attention

The safety and health of everyone involved should be the first priority after an oilfield accident. If anyone is injured:

  • Call for emergency medical assistance. Ensure that any injured individuals receive prompt treatment, as delays can worsen conditions.
  • Document injuries. Take notes or photographs of visible injuries and collect details about symptoms to create a record.
  • Follow up with medical providers. Obtain written medical reports, as these are essential for any claims or investigations.

Prompt medical care is not only necessary for health and safety but also creates a record that can be used in workers’ comp or personal injury cases.

Step 2: Notify Your Employer

Texas law requires employees to report workplace injuries to their employer as soon as possible. Failing to report the oilfield incident promptly may jeopardize a worker’s ability to file for workers’ compensation.

  • Provide a detailed account. Include information about when and where the accident occurred, who was involved, and what happened.
  • Request an incident report. Employers should document the accident officially. Obtain a copy of the report for your records.
  • Follow up in writing. To protect yourself, provide written notice of the incident via email or a formal letter.

Step 3: Contact the Occupational Safety and Health Administration (OSHA)

Depending on the severity of the accident, it may need to be reported to OSHA. Employers are responsible for reporting specific incidents to OSHA within certain timeframes:

  • Fatalities. Must be reported within 8 hours.
  • Hospitalizations, amputations, or eye loss. Must be reported within 24 hours.

If you believe your employer has not fulfilled their OSHA reporting obligations, you can contact OSHA directly to report the incident.

Step 4: Gather Evidence from the Scene

If it is safe to do so, collect evidence from the accident site. This can help establish the cause of the accident and determine liability. Evidence to gather includes:

  • Photographs. Take pictures of the scene, the equipment involved, and any visible hazards.
  • Witness statements. Collect contact information and statements from coworkers or bystanders who witnessed the accident.
  • Maintenance records. Request maintenance logs for equipment that may have caused the incident.

Step 5: File a Workers’ Compensation Claim

Texas does not require private employers to carry workers’ compensation insurance, but many oilfield companies do. If your employer has workers’ compensation coverage:

  • Obtain a claim form. Your employer should provide a Texas Workers’ Compensation Claim Form (DWC-1).
  • Complete the form accurately. Include all details about the accident and your injuries.
  • Submit the form promptly. Texas law allows employees one year from the date of injury to file a workers’ compensation claim.

If your employer does not carry workers’ compensation insurance, you may need to explore other legal options, such as filing a personal injury lawsuit.

Step 6: Consult an Attorney

Oilfield accidents are complex and often involve multiple parties, including employers, contractors, and equipment manufacturers. An experienced oilfield accident attorney can:

  • Determine liability. Identify who is responsible for the accident, whether it is your employer, a contractor, or an equipment manufacturer.
  • Navigate legal requirements. Ensure all reporting obligations are met and deadlines are adhered to.
  • Pursue compensation. Advocate for fair compensation for medical expenses, lost wages, and other damages.

An attorney can also protect you from retaliation if your employer disputes your claim or takes adverse action after you report the incident.

Why Proper Reporting Matters

Properly reporting an oilfield accident is critical for several reasons:

  • Ensures accountability. Reporting incidents highlights workplace hazards and encourages employers to address safety concerns.
  • Protects your rights. A documented incident strengthens your position in workers’ compensation or personal injury claims.
  • Prevents future accidents. Reporting accidents helps identify risks and prevent similar incidents from occurring.

Contact an Oilfield Accident Attorney in Texas

If you or a loved one has been involved in an oilfield accident, it is essential to take the proper steps to report the incident and secure your rights. At The Doan Law Firm, we have extensive experience handling oilfield accident cases and advocating for injured workers.

Visit our contact page or call us to discuss your case. Let us help you through this challenging time and work to secure the compensation you deserve.