The oilfield industry in the U.S. is inherently dangerous. Oilfield workers are exposed to the risk of truck accidents, fires, explosions, falling objects, and crush injuries. Therefore, it is no surprise that 100 oilfield workers die on site every year.
If your loved one has died in an oilfield workplace accident, you can seek justice and compensation. To do this, you must know who is liable for the accident and your loved one’s subsequent death.
It is not an easy process, but you can get the answers you need by determining liability.
Liability in Oilfield Deaths
Several parties may be held responsible when a fatal accident happens on an oilfield site. Liability depends on several factors. This includes the specifics of the accident. It also includes the roles of the parties involved. Lastly, it is also important to consider safety regulations that may have been ignored.
In America, accountability often hinges on state and federal workplace safety regulations and the responsibilities of those in charge.
Parties That May Be Held Liable
The parties that may be liable for a fatal oilfield workplace accident include:
Oilfield Employers
Oilfield industry employers are responsible for providing a safe work environment for their employees. This includes ensuring all safety protocols are in place and all employees are properly trained. All hazards must be removed or minimized on-site.
If an oilfield employer neglects any of these duties and a worker dies on site, the employer can be held liable.
For example, an employer may fail to provide protective equipment. Or, they may disregard safety regulations for whatever reason. This is referred to as negligence and can directly contribute to a fatal accident.
U.S. oilfield companies are typically required to comply with the Occupational Safety and Health Administration (OSHA) regulations. When they do not comply, OSHA investigations will likely reveal safety protocol breaches linked to a fatality.
In this case, the employer may be liable for damages. But, it is crucial to note that workers’ compensation laws may limit direct claims against employers.
Equipment Manufacturers
Heavy machinery and large specialized tools are commonly found on an oilfield site. Employees work with them daily to get specific tasks done. If tools or equipment malfunction because of defects, it could lead to serious injury or death.
Equipment manufacturers are responsible for ensuring that their products and machinery are safe. If an investigation reveals that faulty equipment played a role in a fatality, the equipment manufacturer can be held liable.
For example, defective drilling machinery can create an incredibly dangerous environment for workers. If something happens and a worker is killed, their family can pursue a product liability lawsuit. This holds the manufacturer responsible for selling or renting unsafe and defective equipment.
Third-Party Contractors
Many oilfield projects require third-party contractors to perform certain tasks. If a contractor’s negligence or improper conduct contributes to a worker’s death, they may be held liable.
Unlike direct employers, third-party contractors are often not covered by workers’ compensation limitations. This means you could pursue a direct civil lawsuit against a contractor if their action led to the death of your loved one.
A third-party contractor may be responsible for maintaining safety equipment. If they neglect this responsibility, it could lead to an oilfield workplace accident. If a worker dies, the contractor would be responsible because of their oversight in safety maintenance.
It is important to remember that some oilfield sites have multiple third-party contractors. This can complicate a liability case because it becomes harder to assign blame and liability.
Site Owners
Sometimes, the site owner might also bear responsibility for a workplace death. Owners do not supervise workers but must ensure the site is safe and suitable for oilfield operations.
If the site is unstable due to structural issues, an oilfield workplace accident is likely to occur. If it does, the site owner can be held liable.
While it is true that site owners are rarely involved in day-to-day oilfield activities, they are expected to take action to remove hazards and make the site a safe place to work.
Maintenance Providers
Maintenance is also essential in oilfields. This helps keep equipment operations. Equipment maintenance companies can also be liable for fatal accidents. For instance, if poor maintenance or a bad repair leads to equipment failure, the maintenance provider is liable for the resulting injuries or death.
Liability Cases Involving Oilfield Workplace Deaths
Liability cases involving oilfield workplace deaths are often highly complex. Several legal frameworks also influence them. These include worker’s compensation, wrongful death statutes, and product liability regulations. They also, in some instances, include premises liability.
Workers’ Compensation Claims
In most states, workers’ compensation provides benefits to the families of those killed in oilfield workplace accidents, regardless of who is at fault. Compensation typically covers funeral costs and provides financial support for dependents.
The point of workers’ compensation is to prevent families from suing employers directly. However, it does not cover third-party negligence. If an outside party contributed to the death, the family can pursue a separate lawsuit.
Wrongful Death Claims
If a worker dies because of someone’s negligence or recklessness, their family can file a wrongful death lawsuit. Wrongful death claims allow families to seek compensation for emotional suffering and lost financial support.
In this instance, the family will have to prove that the defendant’s negligence led to the worker’s death.
Product Liability Lawsuits
If unsafe or faulty equipment causes death, a worker’s family can pursue a product liability lawsuit. These claims will focus on the equipment manufacturer or distributor. The family will not have to prove negligence but must demonstrate that the equipment was dangerous or defective.
Seeking Legal Help Is Crucial
Losing a loved one in an oilfield workplace accident is devasting to families. Your family will face emotional stress and financial burdens. If you want to pursue a legal case, this will add to your stress.
It is crucial to leave the case to an experienced lawyer. A lawyer can guide you through the legal process and advocate for your family’s rights, as well as the rights of your deceased loved one. Your lawyer will also fight for the compensation your family deserves.
