If you had a prior oilfield accident and got re-injured, your legal right to seek compensation is still intact. It does not matter whether you have been injured once, twice, or three times; you could still have the ability to recover compensation through a personal injury claim, workers’ compensation claim, or lawsuit.
However, because the financial recovery process can be confusing, you may decide to work with a lawyer from our firm who can advocate for your right to financial recovery.
Your Legal Options After Getting Re-Injured in an Oilfield Accident
You generally have three options after suffering an on-the-job injury:
You Could File a Personal Injury Claim or Lawsuit
There are a number of ways that you could have been injured due to negligence on an oilfield. You could have fallen from an unsecured ladder. You may have been hurt because of a co-worker’s recklessness or carelessness.
Successfully securing compensation for your injuries in this manner requires you to prove the following four elements:
- The other party owed you a duty of care (i.e., taking reasonable measures to ensure your safety)
- This duty was neglected.
- This breach of duty is directly responsible for the injuries you’ve suffered.
- Your injuries (physical and emotional) have caused financial losses.
Under Texas Civil Practice and Remedies Code § 16.003, you could have as little as two years to file your lawsuit.
You Could Recover Damages Through a Workers’ Compensation Claim
Texas is one of the few states that does not require employers to carry workers’ compensation insurance. If you partner with a lawyer from our team, they can decide whether you can pursue financial recovery through this avenue.
The Texas Department of Insurance (TDI) says that eligible claimants could receive compensation for their medical bills and a portion of their lost income.
If you qualify, you must prove:
- You were hurt while performing your job’s duties.
- You were not engaged in horseplay or intoxicated at the time of your accident.
- Your injuries will prevent you from working for a certain period.
For a free legal consultation, call 800-777-7777
Examples of Oilfield Injuries That Could Merit Financial Recovery
According to the most recent data from the Centers for Disease Control and Prevention (CDC), Texas leads the country in oilfield accidents and injuries. In the midst of considering your legal options, you may wonder if your injury (or re-injury) qualifies for compensation.
Some of the possible ailments that could warrant legal action include:
- Broken bones
- Traumatic brain injuries
- Spinal cord damage
- Torn ligaments
Some accident victims pass away due to their injuries. You have financial recovery options if you lost a loved one in an oilfield accident.
You Can Work with an Oilfield Lawyer in Dallas on Your Case
Establishing liability, proving fault, and successfully negotiating for the compensation you deserve can be time-consuming and exhausting. Turning your legal battle over to an attorney experienced in oilfield accident litigation gives you the ability to focus on your recovery.
Our law firm can manage your case by:
- Handling communications. Our firm will relieve you of all correspondence between yourself, your employer, and the insurance company.
- Evaluating the cost of your damages. Earlier, we said that if you qualify for workers’ compensation, you could recover your medical bills and lost income. Yet, if you file a personal injury case, in addition to these losses, you can recover pain and suffering, mental anguish, loss of consortium, and more.
- Conducting an investigation. By pinpointing exactly what happened, your attorney can identify the at-fault parties and demonstrate how their actions caused your re-injury.
- Gathering and preserving evidence. Your lawyer will collect photographs from the scene, talk to eyewitnesses to secure testimony, review video footage, and consult medical experts to strengthen your case.
- Negotiating and litigating. Your lawyer will negotiate with the liable party for a fair settlement. If an agreement cannot be reached, your attorney will represent you in court.
Your legal team will also manage the filing deadlines that govern your case.
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Injured in an Oilfield Accident? Call Loncar Lyon Jenkins
If you had a prior oilfield accident and got re-injured, you have legal options when it comes to recovering damages. You deserve an advocate who will stand up for your rights.
Loncar Lyon Jenkins has represented over 7,000 clients across the State of Texas, with office locations in McAllen, Tyler, Odessa, El Paso, Wichita Falls, Lubbock, Dallas, and Houston.
Our goal is to recover maximum compensation for your injuries. Call (800) 777-7777 today for a free case review.