Guide to Legal Rights & Compensation After an Oilfield Explosion

Oilfield Safety and Workers’ Rights

Oilfield workers have the right to a safe work environment. Companies in this industry must follow strict safety regulations to protect their employees, and workers should receive proper training and safety equipment. The Occupational Safety and Health Administration (OSHA) enforces safety standards and investigates violations in the oil and gas industry. If companies ignore safety rules, workers can file complaints with OSHA or take independent legal action.

Overview of Oilfield Work and Associated Risks

Oilfield work involves many strenuous and dangerous tasks, such as operating heavy machinery, handling hazardous materials, and working in extreme weather conditions. These tasks expose oilfield workers to significant risks, including fires and explosions.

Explosions can occur when gasses like methane or hydrogen sulfide accumulate and ignite. This can happen due to faulty equipment, poor-quality materials, or inadequate safety protocols. The consequences of fires and explosions can be catastrophic, potentially resulting in severe injuries and fatalities.

To make matters worse, oilfield fires can spread rapidly, fueled by the flammable materials on site. Workers caught in these fires often suffer from severe burns, respiratory issues, and other life-threatening injuries.

The Importance of Understanding Your Legal Rights

Understanding your legal rights after an oilfield explosion is crucial for protecting yourself and securing the compensation you deserve. If you suffer injuries or lose a loved one in such an incident, you have specific rights under the law.

Injured workers have the right to hold the responsible parties accountable if an oilfield explosion occurs due to preventable on-site hazards. This might include employers, equipment manufacturers, or other entities that contributed to the incident. Workers are entitled to seek compensation for medical expenses, lost wages, pain and suffering, and other personal and financial losses resulting from the explosion.

Families of workers who die in oilfield explosions also have rights. They can file wrongful death claims to seek compensation for their losses. Compensation from a successful wrongful death claim can cover funeral expenses, loss of income, and emotional distress.

If you or someone you love suffered injuries in an oilfield accident, a knowledgeable lawyer can help. They can evaluate your case, explain your rights, and handle the legal process while you focus on healing. They will also work relentlessly to hold negligent parties accountable and get you the compensation you deserve.

Types of Oilfield Accidents

Oilfield fire and explosion accidents can occur in various ways, each posing serious risks to workers. Here are some common types of these hazardous incidents:

Blowouts: A blowout happens when uncontrolled pressure causes oil or gas to escape from a well. This sudden release can ignite and cause a massive explosion. Blowouts often occur due to equipment failures, such as blowout-preventer malfunctions or human error during drilling operations. These accidents can lead to widespread fires, significant property damage, and severe injuries or fatalities for on-site workers.
Tank Explosions: Tank explosions occur when storage tanks containing oil, gas, or other flammable substances explode. This can happen due to over-pressurization, improper venting, or exposure to ignition sources. Workers nearby can suffer from severe burns, traumatic injuries, or even death. Tank explosions also pose a risk of secondary fires, which can spread rapidly and cause further damage and injuries.
Pipeline Explosions: Pipeline explosions result from leaks or ruptures in pipelines transporting oil and gas. These leaks can create flammable gas clouds that ignite and explode. Common causes include pipeline corrosion, mechanical damage, or improper maintenance. Pipeline explosions can lead to large-scale fires, extensive environmental damage, and significant health risks for workers and nearby communities.
Rig Fires: Rig fires start on drilling rigs due to equipment malfunctions, electrical faults, or improper handling of flammable materials. These fires can quickly spread due to the presence of oil and gas, causing extensive damage to the rig and surrounding areas. Workers on the rig face the danger of burns, smoke inhalation, and other serious injuries. Rig fires require immediate response to prevent catastrophic outcomes.
Chemical Explosions: Chemical explosions occur when hazardous chemicals used in oilfield operations, such as hydrogen sulfide or methane, ignite. Factors like unsuitable storage, improper handling, or accidental mixing of incompatible substances can trigger these explosions. The resulting fires and shock waves pose serious risks to workers, including respiratory injuries, burns, and other health complications.

Common Causes of Oilfield Accidents

Oilfield fire and explosion accidents can result from various causes, many of which are preventable. Here are some examples of the common causes of oilfield fires and explosions:

Equipment Failure: Equipment failure is a leading cause of oilfield fires and explosions. Malfunctioning machinery, such as blowout preventers, pumps, or valves, can lead to uncontrolled releases of oil or gas that can ignite and explode.
Human Error: Human error plays a significant role in many oilfield accidents. Mistakes in handling equipment, drilling, or following safety protocols can lead to dangerous situations that result in deadly explosions.
Improper Storage of Flammable Materials: Oil, gas, and other hazardous chemicals must be stored in appropriate containers and locations to prevent accidental ignition. Improper storage of flammable materials can lead to fires and explosions.
Pipeline Leaks and Ruptures: Corrosion, mechanical damage, or poor maintenance can compromise pipeline integrity. Pipeline leaks and ruptures can cause explosions by releasing flammable gasses or liquids into the environment.
Static Electricity: When workers handle or transfer flammable materials, static charges can build up and cause sparks. These sparks can ignite flammable gasses or vapors in oilfields, resulting in fires and explosions.
Hot Work: Conducting hot work, such as welding or cutting, requires strict safety measures like proper ventilation and keeping flammable materials at a safe distance. Without these precautions, hot work can generate dangerous heat and sparks.
Dangerous Chemical Reactions: In oilfields, various chemicals are used in drilling and production processes. If chemicals are not adequately labeled or stored, chemical reactions between certain substances can result in fires and explosions.
Truck Accidents: Oilfield trucks transport flammable materials like crude oil, natural gas, and other chemicals, often on rough terrain and in harsh weather conditions. If a truck carrying flammable materials crashes, the risk of ignition is high.

Risks Associated with Confined Spaces and Slip and Fall Incidents

Confined spaces in oilfields present significant explosion risks. Oilfield workers often perform tasks in tight areas like storage tanks, pits, and pipelines. These confined spaces can accumulate flammable gasses, creating explosion hazards. Even a tiny spark can ignite an explosive fire in a confined space without proper ventilation.

Slip and fall incidents also increase explosion risks. Spilled oil, chemicals, or water on the ground can cause workers to slip, potentially dropping tools or equipment that can create sparks and start fires. Falls can also lead to injuries that hinder a worker’s ability to respond quickly to prevent further hazards, exacerbating the risk of explosions.

Seeking Compensation for Oil and Gas Injuries

If you or someone you love suffers an injury in an oil and gas accident, you can file a compensation claim demanding financial recovery for your losses. This can include compensation for personal and financial losses such as:

Medical expenses necessary to treat injuries from the oilfield accident
Projected costs of medical care you will likely need in the future due to the incident
Lost wages from missed work during your recovery from the incident
Estimated losses in your future earning capacity due to long-term or permanent injuries
Subjective losses like pain, suffering, and diminished quality or enjoyment of life
Funeral or burial expenses if your loved one died in the explosion
Property damage costs if the incident resulted in damage to your property

Options for Legal Recourse Following an Oilfield Injury

Depending on the circumstances of the oilfield explosion accident, you could have grounds to file one or more of the following types of legal claims:

Personal Injury Claim: If negligence by a third party, such as a contractor or equipment manufacturer, caused your injury, you could file a personal injury claim. This type of claim can yield compensation for medical bills, lost wages, pain and suffering, and more. You must prove that the third party was at fault to file a successful personal injury claim.
Workers’ Compensation Claim: If you were hurt on the job as an eligible employee, you could file a workers’ compensation claim. This type of claim can provide full coverage for your medical expenses and replace some of your lost wages. Workers’ compensation provides benefits regardless of who is at fault but does not cover certain losses, such as pain and suffering.
Product Liability Claim: If product defects contributed to the explosion, you could file a product liability claim against the equipment manufacturer or supplier. This type of claim focuses on proving that a defect in the product directly caused your injuries.
Premises Liability Claim: If unsafe conditions on the oilfield property led to the explosion, you could file a premises liability claim against the property owner. This type of claim requires proving that the owner failed to maintain safe conditions or warn workers of potential hazards on their premises.
Wrongful Death Claim: If an oilfield explosion results in death, the deceased worker’s family can file a wrongful death claim. This type of claim involves seeking compensation for funeral costs, loss of financial support, and emotional distress. It aims to provide financial relief to the family and hold responsible parties accountable for the family’s loss.

Case Studies: Successful Compensation Claims

Drilling for oil and gas is extremely dangerous. Workers in this industry have a fatality rate nearly five times higher than that of all other U.S. industries combined. In a recent ten-year period, 1,566 workers in this industry died from occupational injuries, nearly the same as the number of U.S. troops killed in Afghanistan during the same period.

Also, during this period, OSHA cited oil and gas extraction industry companies for 10,873 violations. A subsequent analysis found that OSHA classified 64 percent of these violations as “serious,” meaning inspectors found hazards likely to result in death or serious physical harm. Another three percent were “repeated” or “willful” violations, indicating the companies had either received citations for the same hazards before or showed a purposeful disregard for the law or employee safety.

The consequences of oil and gas explosions can be devastating, but successful legal claims can provide justice and financial support for injured workers and their families. Here are two such recent cases that resulted in significant compensation:

Quinton Gas Well Explosion Verdict: In January 2020, a jury awarded $20 million in a wrongful death lawsuit following the Patterson-219 oil rig fire near Quinton, Oklahoma. The 2018 explosion killed five workers, making it the deadliest drilling accident since the 2010 Deepwater Horizon disaster. The jury found Red Mountain Energy, Crescent Consulting, Patterson UTI, and National Oilwell Varco (NOV) responsible for the fatalities. Each deceased worker’s family received $10 million in damages. This verdict was the largest in Pittsburg County’s history and one of the largest ever in Oklahoma.

Colorado Frac Tank Explosion Case Award: Steve Straughen, an oil and gas worker injured in a frac tank explosion in December 2019, won a $30 million judgment in Colorado federal court in February 2024. The explosion occurred while Straughen was working at a site in Weld County. Straughen’s quick thinking to shut a valve prevented an even more catastrophic incident, potentially saving lives despite his severe injuries. Straughen suffered multiple broken bones and eventually had to have his lower leg amputated as a result of the incident. The jury determined that BHS, owned by DHI Energy Service, was negligent because the tank that caused the explosion had holes.

Suing an Employer for Negligence

In most cases, you cannot sue your employer for negligence if they provide workers’ compensation coverage. Workers’ compensation is designed to be an “exclusive remedy” because it provides financial benefits without requiring you to prove fault. However, there are rare exceptions where you might be able to sue an employer for an oilfield accident injury.

You might have grounds for a lawsuit If your employer intentionally caused your injury or engaged in egregious misconduct that resulted in the injury. Additionally, you might be able to sue your employer if they do not carry adequate workers’ compensation insurance. An oilfield accident lawyer can help you determine whether your case qualifies for these exceptions.

Legal Grounds for Suing Your Employer

Legal grounds for suing your employer after an oilfield accident are limited. However, there are specific circumstances where you could sue your employer, such as:

Intentional Malice or Egregious Conduct: You could have legal grounds to sue if your employer intentionally caused your injury. This would require proving that your employer’s actions were deliberate and intended to harm you. You might also have grounds for a lawsuit if your employer’s conduct was so egregious that it went beyond negligence, such as gross misconduct or willful disregard for safety.
Lack of Workers’ Compensation Coverage: You could also sue your employer if they did not provide adequate workers’ compensation coverage. The exclusive remedy rule wouldn’t apply in this situation, so you might be able to pursue a personal injury lawsuit against your employer instead of filing a workers’ compensation claim.
Retaliation: If your employer retaliates against you for filing a workers’ comp claim, you could have grounds for a lawsuit based on wrongful termination or discrimination.

An experienced oilfield accident attorney can help you determine whether any of these exceptions apply to your situation and pursue the compensation you deserve.

Third-Party Claims in Oilfield Injuries

Various parties besides employers can be liable in oilfield explosion accident cases. Identifying these parties is essential for securing full compensation for injuries and damages. Here are five examples of potentially liable parties in such cases:

Contractors: Contractors working on an oilfield site can be liable if their actions or inaction contribute to explosions. This could include actions like failing to follow safety protocols, using faulty equipment, or improperly handling hazardous materials. If a contractor’s negligence leads to an accident, injured workers can file a claim against the contracting company for their role in the incident.
Equipment Manufacturers: Equipment manufacturers can be responsible if defective machinery or tools cause an explosion. This could include equipment like faulty drilling rigs, pumps, or safety devices. If an investigation reveals that a design flaw or manufacturing defect led to the accident, injured parties can file a product liability claim against the manufacturer to seek compensation for their losses.
Maintenance Companies: Companies responsible for maintaining oilfield equipment could be liable if their failure to properly service or repair machinery leads to an explosion. Regular maintenance is essential for preventing oilfield accidents, and negligence in this area can result in catastrophic failures. If a maintenance company neglects its duties, injured workers can pursue a claim against them for compensation.
Property Owners: Property owners must ensure their properties are safe for oilfield operations. They can be liable if unsafe conditions on their premises contribute to oilfield explosions. This could occur if property owners fail to address known hazards, such as gas leaks or unstable structures. If a property owner’s negligence causes an accident, injured parties could file a premises liability claim against them.
Suppliers of Hazardous Materials: Suppliers who provide hazardous materials to oilfield operations could be responsible if improper handling or substandard products lead to an explosion. This could occur if chemicals or gasses are not correctly labeled or safe for use. If a supplier’s negligence contributes to an oilfield accident, injured workers can seek compensation by filing claims against the supplier.

Establishing Responsibility Beyond the Employer

Establishing liability beyond the employer in an oilfield accident injury claim requires substantial evidence. This evidence can demonstrate negligence or fault by other parties, such as contractors, equipment manufacturers, or property owners. Here are some examples of the types of evidence you could use to prove liability for an oilfield accident:

Prior accident reports
Maintenance logs
Safety inspection records
Witness statements
Photos of the accident scene
Surveillance footage
Equipment manuals
Design specifications
Emails and communication records
Training records
Hazardous material logs
Incident investigation reports
Expert testimony
Medical records
OSHA citations
Manufacturer recalls
Equipment warranty information
Work orders
Contractor agreements
Chemical safety data sheets
Employee time logs
Site safety plans
Emergency response records
Compliance audits
Environmental impact reports

Understanding Workers’ Compensation

Workers’ compensation is a system that provides monetary benefits to employees who suffer work-related injuries or illnesses. These benefits cover medical expenses, rehabilitation costs, and a portion of lost wages while the injured worker recovers. Workers’ compensation does not require employees to prove fault to receive benefits, which means injured employees can avoid drawn-out claims procedures and quickly get the financial support they need.

Most employers must carry workers’ compensation insurance to protect their workers. In exchange for these benefits, employees typically cannot sue their employers for negligence. However, workers can still pursue claims against third parties in addition to or instead of filing workers’ compensation claims.

Workers’ Compensation vs. Personal Injury Claims

Workers’ compensation claims and personal injury claims provide different ways for injured workers to seek compensation after oilfield accidents. Workers’ compensation covers medical expenses, rehabilitation costs, and a portion of lost wages without requiring workers to prove fault. This system ensures workers receive benefits quickly but does not provide full compensation for lost wages. It also does not allow workers to recover compensation for subjective losses, such as pain and suffering.

In contrast, filing a personal injury claim requires proving that another party’s wrongful behavior caused your injuries. These claims can yield compensation for a wider range of personal and financial losses, including pain and suffering, emotional distress, and the full value of lost wages. Workers can file personal injury claims against third parties, such as contractors, equipment manufacturers, or property owners, who contributed to the injury accident.

So, while workers’ compensation offers a more straightforward path to benefits, personal injury claims can provide more comprehensive compensation when third parties are liable for injuries.

Benefits and Limitations of Workers’ Compensation

Workers’ compensation provides essential benefits for injured workers but also has significant limitations. The primary benefit is that it covers medical expenses and a portion of lost wages without you having to prove fault. This offers a streamlined process for obtaining benefits, allowing you to access the resources you need to recover quickly.

However, workers’ compensation has limitations. It typically does not cover non-economic losses, such as pain and suffering. Additionally, the compensation for lost wages is usually only a portion of your regular income, which might not fully address your financial needs after an injury. Workers’ compensation also limits your ability to sue your employer, restricting the potential for larger settlements that could cover the long-term impacts of severe injuries.

Medical Treatment and Disability Benefits

In addition to compensation from workers’ compensation claims or third-party injury claims, you could have access to medical treatment and disability benefits after an oilfield explosion injury.

Accessing and Utilizing Medical Benefits

Workers’ compensation should cover most or all medical costs for most oilfield workers. However, medical benefits from your health insurance can provide essential coverage before your workers’ comp kicks in. It can also fill in coverage gaps, especially for long-term care or specialized treatments that your workers’ comp insurance might not address.

To access and utilize the medical benefits from your health insurance, start by seeking immediate medical attention. Then, inform your health insurance provider about the accident and your injuries. This creates an essential paper trail of your injuries and related treatments. It also demonstrates to your insurance provider that you are taking your recovery seriously.

Keep in mind that your insurance company might require you to repay benefits if you receive workers’ comp coverage for the same treatments. For instance, suppose your health insurance pays for medical expenses related to a workplace injury, and you later receive workers’ compensation benefits for those same expenses. In that case, your health insurance provider might seek reimbursement from your workers’ compensation settlement to recoup its costs.

Navigating Temporary and Permanent Disability Claims

If you develop a significant disability after an oilfield explosion, your temporary or permanent disability insurance could provide additional compensation.

Temporary disability benefits provide compensation when your injuries prevent you from working for a limited period. These benefits cover a portion of your lost wages and help you manage expenses while you recover. For this type of claim, you must provide medical documentation to support your claim and demonstrate your inability to work temporarily.

Permanent disability benefits apply when your injuries result in lasting impairments that affect your ability to work long-term or permanently. These benefits compensate you for your reduced earning capacity and ongoing medical expenses. For a permanent disability claim, you need a thorough medical evaluation to assess the extent of your impairments. The compensation you can get will depend on the severity of your disability and its impact on your ability to work.

Workplace Safety and Employee Protection

Workplace safety and employee protection are essential in all workplaces, particularly so in oilfield worksites. Employers must follow strict safety protocols, provide proper training, and ensure equipment is in safe condition to keep employees safe. Strong safety measures reduce the risk of explosions and other accidents, protecting workers’ lives and well-being.

Preventative Measures and Safety Protocols

Implementing appropriate preventative measures and safety protocols is essential for reducing the risk of fires and explosions in oilfields. Employers and workers can create safer work environments and protect lives by:

Conducting regular safety training for all workers
Performing routine equipment inspections and maintenance
Ensuring proper storage of flammable materials
Using safer tools and pieces of equipment
Implementing strict hot work permit procedures
Installing and maintaining fire suppression systems
Conducting regular safety drills and emergency response training
Ensuring proper ventilation in confined spaces
Monitoring gas levels with appropriate detection equipment
Enforcing no-smoking policies in hazardous areas
Keeping work areas clean and free of combustible materials
Grounding and bonding to prevent static electricity buildup
Properly labeling and storing chemicals
Providing and enforcing the use of personal protective equipment (PPE)
Developing and enforcing comprehensive safety plans
Ensuring adequate lighting in all work areas
Conducting risk assessments before starting new projects
Establishing clear communication protocols for reporting hazards

Legal Protections Against Retaliation

Workers have legal protections against retaliation when they report unsafe conditions or file claims for injuries after oilfield explosions. Employers cannot legally fire, demote, or discriminate against workers who exercise their rights. If an employer retaliates, workers can file complaints with OSHA or the North Dakota Labor Commission to prompt investigations and other appropriate actions against the employer.

The Role of Legal Assistance in Oilfield Injury Cases

Legal assistance is essential in oilfield explosion injury cases. An experienced oilfield accident attorney will understand the complex regulations that apply to these incidents and can identify liable parties. They can manage the claims process on your behalf and seek the compensation you deserve for medical expenses, lost wages, and more. Your lawyer can also negotiate with insurance companies and represent you in court if necessary. Securing legal assistance is the best way to protect your rights and improve your chances of a successful outcome after an oilfield explosion incident in North Dakota.

How an Experienced Injury Lawyer Can Help

An experienced lawyer can provide valuable assistance in your oilfield explosion injury case by:

Gathering evidence to support your claim
Interviewing witnesses to obtain statements
Working with medical experts to assess your injuries
Filing all necessary legal documents on time
Negotiating with insurance companies on your behalf
Evaluating the full extent of your losses
Identifying all potentially liable parties
Reviewing safety regulations and compliance records
Representing you in court if the case goes to trial
Analyzing accident reports and investigation findings
Communicating with your employer and their legal team
Securing expert witnesses to testify on your behalf
Keeping you informed about the progress of your case

Schedule Your Consultation with an Oilfield Explosion Attorney at Pringle & Herigstad, P.C.

If you or someone you love has suffered injuries in a North Dakota oilfield explosion, contact Pringle & Herigstad today. Our lawyers are here to help you explore your rights and pursue the compensation you deserve. Don’t wait to get the support you need. Reach out now for an initial consultation, and take the first step toward securing your future.

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