The oil industry is vital to the Texas economy. However, if you’ve worked on an oil rig off the coast of San Antonio, you know they can be a dangerous place. If you were injured in an oil rig accident, you may be entitled to financial compensation. An experienced San Antonio oil rig accident lawyer at George Salinas Injury Lawyers can help you fight to recover compensation for medical bills, lost wages, and more.
Our lawyers have over 110 years of experience between us. Over the years, we’ve helped our clients win hundreds of millions of dollars in settlements and verdicts.
Oil rig accident claims are more complex than your typical workers’ comp claim. Getting legal advice can make a world of difference. Contact our law offices in San Antonio, Texas, at (210) 225-0909 to schedule a free consultation today.
Why Choose George Salinas Injury Lawyers?
When you work on an offshore oil rig, you risk your health and safety every day. After you’re injured, you should be fairly compensated. Our San Antonio personal injury attorneys know just how difficult it can be to recover that fair compensation.
Our awards include Texas Lawyer’s Southwest Top Verdicts & Settlements Award for 2020 and 2021 Top 20 Personal Injury Settlements in Texas. Members of our legal team have also been recognized by Super Lawyers and Rising Stars.
When you hire us, our San Antonio injury attorneys can:
- Help you understand which state, federal, and maritime laws apply in your case
- Handle all paperwork and file your claim for compensation
- Determine the fair value of your injury claim
- Represent you at any hearings
- Protect you if your doctor tries to push you to return to work before you’ve recovered
- Negotiate with the insurance companies on your behalf
Our San Antonio oil rig accident lawyers have the experience and resources to handle even the most complex workplace accident claim. After an accident, contact our team right away for the legal advice you deserve.
What to Do After an Oil Rig Accident in San Antonio?
After an oil rig accident in San Antonio, there are some key steps that you should make sure to take. These steps can help to protect your health and can also help you to protect your legal rights as Texas law entitles you to compensation following a rig accident.
Here’s what you should do in the aftermath of the incident.
- Get to safety: You need to escape dangerous conditions that can arise when an oil rig accident happens. This can include risks like dangerous fumes. Take steps to get yourself and others to a secure location as soon as possible.
- Report the incident to your employer. Alerting your employer to your accident and to any resulting injuries is very important. You’ll want to do this in a timely manner to ensure that the accident and injuries are properly documented so you can protect your claim for compensation under workers’ compensation laws or federal maritime laws.
- Document the details of the accident. You will not typically need to prove that your employer was negligent in order to recover compensation for your oil rig accident. However, it can still be important to show how the accident occurred and to demonstrate its severity so you can prove how badly you were harmed. Taking pictures of the scene of the accident, your injuries, and surrounding areas can provide invaluable evidence in showing how the incident happened and how severe it was. If you can’t take pictures because of your injuries, try to see if others present can do it for you. Once you are able, you should also write down a detailed account of what occurred while it is still fresh in your memory.
- Get medical help. You need to see a medical professional right away after you are involved in an oil rig accident. You may experience long-lasting health consequences or experience medical issues that don’t manifest in immediate symptoms. Examples of these types of injuries could include complications resulting from breathing in harmful chemicals. A medical professional can diagnose and treat any issues resulting from the accident and can also document your injuries so there is a clear link between them and the oil rig accident. You’ll need this to help make a successful claim.
You should also strongly consider getting legal help from a San Antonio oil rig accident attorney after an incident occurs. Your attorney can work on your behalf from the first day to help you gather evidence, prove the extent of injury, and make a strong claim.
Your attorney can also stand up for your rights as you deal with employers and insurers, many of whom have a substantial amount of power and who are often focused on keeping your compensation as low as possible.
How Do I Recover Compensation If I Was Injured on an Offshore Oil Rig?
When someone is injured on the job in Texas, they typically file a claim for workers’ compensation benefits. Oil rig accident cases are different. Because oil rigs operate off the coast of Texas, Texas state laws don’t protect injured workers.
Most injured oil rig workers aren’t covered by The Jones Act, either. To recover compensation under the Jones Act, the worker must:
- Spend more than 30% of their time aboard the vessel and contribute to its operation
- Play a substantial role in the operation of the vessel
- Have a direct connection to the vessel
Because many oil rig workers cannot satisfy any of these criteria, they must look to different federal laws to recover compensation after an accident.
Two different federal laws exist to protect injured oil workers:
- The Longshore and Harbor Workers’ Compensation Act
- The Outer Continental Shelf Lands Act
Our San Antonio oil rig accident attorney can help you understand your legal rights under each of these federal laws.
Longshore and Harbor Workers’ Compensation Act
Most maritime workers are eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
To qualify for benefits, you must:
- Work on, near, or adjacent to navigable water
- Work in a position where maritime duties comprise at least some of your work
You can qualify to receive benefits under the LHWCA even if you are not formally classified as a “seaman” for Jones Act purposes.
Outer Continental Shelf Lands Act
Not all oil rigs are located on, near adjacent to “navigable water” at all times.
LHWCA benefits are typically only available if your workplace injuries occurred on:
- The navigable waters of the United States
- Docks
- Piers
- Wharves
- Terminals
- Shipping areas
The Outer Continental Shelf Lands Act protects workers who are injured while working on “submerged lands lying seaward and outside of the area of lands beneath navigable waters.” This is precisely where many oil rigs are located.
In other words, you’ll likely be entitled to benefits even if you don’t qualify under the LHWCA.
How Much Money Can I Recover By Filing an Oil Rig Accident Claim?
The amount you can recover in compensation for an oil rig accident is going to vary based on many factors, including whether you are pursuing a workers’ compensation claim, a claim under federal maritime laws, or a personal injury claim.
The specifics of your case will determine which of these legal options is open to you. A San Antonio oil rig lawyer can help you identify the best legal approaches to take in order to maximize your compensation.
Your case value depends on various factors, such as:
- The nature of your injuries
- Your average wages prior to the accident
- The duration of your recovery
- The cost of your medical treatment and rehabilitation
The value of your personal injury claim depends heavily on the severity of your injuries. If you cannot work at all during recovery, you’ll receive more money than if you can continue to perform light duty. If your injuries left you permanently impaired, you’ll also be able to receive a much larger amount of compensation for ongoing medical care and loss of earning power.
You need to understand what your case is likely to be worth so you don’t accept a settlement offer for less than the amount that you should be entitled to under the law. If you settle your case for less than you should, you’ll leave money on the table and may not have the funds you need to cope with your medical costs or ongoing inability to work as a result of your injuries.
What Types of Compensatory Damages Are Available to Oil Rig Accident Victims?
Benefits under the Longshore and Harbor Workers’ Compensation and Outer Continental Shelf Lands Acts are similar to those offered under Texas workers’ compensation laws.
If your injuries were job-related, you may be entitled to benefits for:
- All reasonable and necessary medical expenses
- Temporary total disability (TTD)
- Temporary partial disability (TPD)
- Permanent total disability (PTD)
- Permanent partial disability (PPD)
- Mileage and transportation expenses while seeking medical care
- Vocational retraining if you will be unable to return to your previous work
- Attorney’s fees and costs
These benefits are typically more generous than your average Texas workers’ compensation benefits.
Under the Outer Continental Shelf Lands Act, you may also be entitled to punitive damages. These damages are awarded to punish oil companies and employers who have violated safety regulations and put their employees in danger.
Am I Required To Prove Negligence to Recover Benefits for My Oil Rig Accident Injuries?
You would only need to prove negligence if you were pursuing a claim for compensation under personal injury tort laws. If your accident was work-related, you are typically not going to be able to sue your employer under these civil laws, so this will not be an issue for you.
That’s because you’ll typically be recovering for a work-related injury under workers’ compensation or federal maritime laws, neither of which require the injured worker to establish negligence to recover damages for their losses.
That doesn’t mean you will automatically receive fair benefits, though. Injured maritime workers often face many challenges, including:
- Claims that your injuries were not work-related
- Challenges to whether your medical bills were “reasonable and necessary”
- Difficulty proving the extent of your disability
- Challenges to your average weekly wages prior to the disability
- Claims that your injuries were pre-existing
If you experience any of these allegations, you should know that they are often designed to try to limit the money that the insurer or company must pay out.
In many cases, insurers and big oil companies have a number of techniques they try to use to disprove your case or to limit the amount they have to pay you for your losses. If you settle your case, you’ll have to give up future liability. You don’t want to end up with regrets by giving into their efforts to keep your compensation as low as possible.
Having a trusted advocate on your side can help you to ensure you recover all of the money for your losses that the law says you are entitled to. A San Antonio oil rig accident attorney at George Salinas Injury Lawyers will help you navigate these and other challenges that you might face.
Our team will assist you in developing the right legal strategy, making the strongest claim possible, and fighting for the compensation you need to rebuild after an oil rig accident. Just give us a call to schedule a free initial consultation today.
Our Oil Rig Accident Attorneys Will Fight To Recover Compensation for All of Your Injuries
Falls from heights, explosions, and other types of oil rig accidents can cause lasting injuries.
At George Salinas Injury Lawyers, our San Antonio oil rig accident lawyer often represents victims who have suffered:
- Broken bones
- Back injuries
- Eye and facial injuries
- Nerve damage
- Head and neck injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Concussions
- Burns
- Organ damage and internal injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
After sustaining a serious injury, it’s important to seek legal guidance. Scheduling a free case review with an experienced attorney is the first step toward recovering fair compensation. To learn more about how our San Antonio oil field accident lawyers can help, call for a free consultation today.
What Causes Most Oil Rig Accidents in San Antonio, Texas?
Our oil field injury attorneys handle all types of oil rig accident claims in San Antonio, including those involving:
- Falls from elevated platforms and heights
- Failure to provide proper safety equipment, including fall protection
- Fires and explosions
- Slip and fall accidents
- Defective tools and work equipment
- Dangerous premises
- Negligent hiring practices, including failure to properly screen oil field workers
- Failure to properly supervise and train oil rig workers
- Workplace violence
Would you like to have an experienced oil rig accident attorney review your case? Call our personal injury law firm in San Antonio to arrange your free case evaluation today. We’ll do everything in our power to help you fight for the fair compensation you deserve.
Am I Required To Prove Negligence?
Like workers’ compensation, federal maritime laws do not require the injured worker to establish negligence to recover damages. That doesn’t mean you will automatically receive fair benefits.
Injured maritime workers often face many challenges, including:
- Claims that your injuries were not work-related
- Challenges to whether your medical bills were “reasonable and necessary”
- Difficulty proving the extent of your disability
- Challenges to your average weekly wages prior to the disability
- Claims that your injuries were pre-existing
Our lawyers at George Salinas Injury Lawyers are here to help you navigate these and other challenges that you might face. Just give us a call to schedule a free initial consultation today.
How Much Time Do I Have To File a Claim After an Oil Rig Accident in San Antonio, TX?
Under state law, victims typically have two years to file a personal injury lawsuit. Different deadlines may apply depending on the federal maritime laws that apply in your case. Under the Outer Continental Shelf Lands Act, the deadline of the adjacent state applies. So, the typical two-year statute of limitations is the deadline for filing a claim.
Under the LHWCA, you must report your injury within 30 days. If you wait longer, you could risk losing your right to benefits. The statute of limitations for filing a formal claim for benefits is one year from the date of the accident.
Cases involving occupational illnesses are subject to a different deadline. You’ll typically have two years from the date that you learn, or reasonably should have learned, that you suffer from a job-related illness to file a claim.
Contact A San Antonio Oil Rig Accident Lawyer for a Free Consultation
You shouldn’t have to fight for fair compensation if you were injured in an oil field accident. Unfortunately, you might have to. An experienced San Antonio oil rig accident attorney at George Salinas Injury Lawyers can handle the legal issues while you recover. To learn more, you can contact our law offices for a free case review.