Working in the North Dakota oil fields can pay well but comes with significant risks. The heavy industrial equipment used to drill for oil can easily break or malfunction, often leading to severe or fatal injuries. Furthermore, injured oilfield workers don’t always understand their legal rights and options for recovering compensation for their injuries. That’s why we compiled this guide to explain what rights injured oilfield workers have after an accident and how a North Dakota oilfield injury lawyer can protect those rights.
Workers’ Compensation Benefits for Injured Oilfield Workers
North Dakota law requires most employers with one or more workers to provide workers’ compensation insurance for their employees. Employers must purchase this insurance through North Dakota Workforce Safety & Insurance (WSI), which oversees and pays all workers’ comp claims in the state. (Private insurance companies cannot underwrite workers’ comp policies in North Dakota.) Furthermore, workers’ compensation is a no-fault benefit in North Dakota, meaning injured workers don’t have to prove someone else caused their injuries to claim benefits.
Injured oilfield workers in North Dakota qualify for workers’ comp benefits as long as the injury occurred at work or while the worker was performing a job-related task. However, injured workers must follow certain steps to avoid jeopardizing their claim.
Any injured oilfield worker should report their injury to their employer immediately, preferably within 24 hours if possible. Injured workers must also file a workers’ comp claim within one year of their injury to avoid losing their benefits. The workers’ comp benefits available to injured oilfield workers include:
- Medical Benefits – Workers’ compensation covers all reasonable, medically necessary treatments to help injured workers heal, including surgeries, medications, and physical therapy.
- Wage-Loss Benefits – Wage-loss benefits provide partial income replacement for injured workers while they are kept off work by their doctor. The amount of these benefits is usually two-thirds of the worker’s average weekly wages, up to certain limits under state law.
- Permanent Partial Impairment (PPI) – If a worker’s injuries result in permanent bodily impairment but don’t fully prevent them from working, PPI benefits compensate them for the lasting harm to their body.
- Vocational Rehabilitation – Workers whose injuries prevent them from returning to their jobs can receive vocational rehabilitation services to help develop new job skills.
- Death Benefits – Families of workers who suffer fatal injuries may receive death benefits, including coverage for funeral expenses and ongoing financial support.
Personal Injury Claims for Oilfield Workers Injured in Equipment Accidents
Injured oilfield workers typically cannot sue their employers for equipment-related accidents. However, if another party contributed to the accident, an injured worker could file a personal injury claim against them to seek compensation in addition to their workers’ comp benefits. Personal injury claims are particularly relevant for workers injured in equipment accidents, as equipment manufacturers may be liable for their injuries if a manufacturing or design defect contributed to the accident.
While injured oilfield workers must prove fault to win a personal injury claim after an equipment accident, they can also pursue compensation for losses workers’ comp doesn’t cover, such as:
- The full amount of their lost income
- Reduced future earnings due to an injury or disability
- Pain and suffering
- Emotional distress
- Diminished quality of life
- The cost to repair or replace any personal property damaged in the accident
How Our Oilfield Accident Lawyers Can Help You
If you’re struggling with severe injuries after an oilfield equipment accident in North Dakota, trust Pringle & Herigstad, P.C., to protect your rights and help you recover fair compensation. We have extensive experience with both workers’ comp claims and personal injury lawsuits, and we can handle all the legal work while you rest and heal.
We’ll take care of the paperwork, represent you in any appeals related to your workers’ comp claim, document your losses to maximize the value of your personal injury claim, negotiate a fair personal injury settlement on your behalf, and represent you in court if your personal injury case goes to trial. Call us today or complete our contact form for a free consultation.
