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oil rig worker rights

Understanding Oil Rig Worker Rights in Injury Cases

Oil rig work is extremely dangerous. You work around dangerous chemicals, flammable substances, and hazardous conditions. The risk of slipping and falling is high, which could lead to catastrophic harm. You might suffer severe burns from a fire or lose a coworker in a drowning accident. Offshore rig accidents cause thousands of injuries every year. Each injured worker has legal rights they can protect and pursue. 

If you were injured, it is critical to know these rights. Different laws apply depending on where you work, how you were hurt, or other key factors. By knowing what to expect after an accident, you are prepared and can seek justice for yourself.

At Morris & Dewett Injury Lawyers, we help you understand the causes of oil rig accidents, your legal rights, and the steps you can take to win compensation. Our experienced oil rig accident attorneys have won millions for our clients, and we know how to help you fight for the damages you deserve. Schedule your consultation today to learn more about how we can help. 

Common Causes of Oil Rig Injuries

Few professions carry as many dangers as yours. Working in the oil and gas industry exposes you to many hazardous chemicals and situations daily. In addition, one of the most common industrial accidents is oil rig accidents. Understanding the common causes of oil rig injuries can help you stay vigilant.

Equipment Failures

Offshore platforms and onshore oil rigs use heavy equipment that must be properly maintained at all times. One of the most common causes of equipment failure is improper maintenance. Workers should be trained and required to inspect and repair equipment. It should be properly maintained according to clear and effective standards. When employers fail to provide workers with the tools or rules necessary to maintain equipment, employee lives are in danger.

Equipment failures may also occur due to the following:

  • Improper use of the equipment
  • Faulty design or manufacture of the machinery
  • Machinery used in situations it was not designed for
  • Inability to handle the high pressure common in drilling practices

Safety equipment ranges from gloves and hard hats to highly technological monitoring equipment, and safety equipment failure can play a key role in oil rig injury cases.  For example, if your employer provides shoddy eye protection or gloves, you are left virtually unprotected from the common dangers onboard the rig. Safety technology and software may also fail, and key data that should warn of an uncontrolled release or blowout may be missing. This may lead to oil rig evacuations, fires, or explosions in severe cases. 

Human Error

Accidents on an oil rig can have life-or-death consequences. Common causes of human error accidents include:

  • Workers dealing with exhaustion and fatigue
  • Intoxicated or drugged employees
  • Inexperienced or improperly trained employees
  • Inattention to detail
  • Negligence or gross neglect of duties

Hazardous Conditions

The conditions aboard an oil rig play a significant role in the number of serious accidents each year. Hazardous conditions that lead to injuries commonly include:

  • Bad weather: Dangerous weather conditions include high winds, large waves, fog, high heat, freezing temperatures, and more. Weather at sea can be highly unpredictable, including the risk of large storms or hurricanes.
  • Slippery conditions: Oil rigs can be very slippery, leading to serious slip and fall accidents. Water from the ocean is ever-present. Oil and fuel can slick walking surfaces and make traction almost impossible. A bad slip could mean a bump on the head, or it could mean falling from heights.
  • Toxic chemicals: Rigs carry and use dangerous chemicals all the time. The oil or natural gas you mine is itself toxic, volatile, and flammable. Other chemicals aboard are known to cause cancer, asbestosis, chemical burns, and more.
  • High-pressure systems: Oil rigs utilize many pipes and machines operating under high pressure. The risk of an uncontrolled release or blowout is high, especially if the equipment is improperly maintained.

Lack of Proper Training

Oil rig worker accidents are more likely when management fails to properly train employees to perform drilling operations safely. Whether it’s maintaining equipment or operating a semi-submersible drilling rig, these jobs require specialized knowledge and instruction.

Employers fail to train employees for several reasons. High turnover rates mean that new workers are constantly being hired, and supervisors may be desperate to throw new people into the job to fill vacancies. Other employers do not want to spend the time to train someone, electing instead to give them an insufficient crash course. 

Frequency of Oil Rig Accidents

While oil and gas workers represent a relatively small percentage of the U.S. workforce, they suffer a disproportionate number of injuries. The frequency of oil rig accidents is quite high, which makes sense because of the dangerous nature of the job. However, part of the problem is that oil companies prioritize profit over safety. They put workers’ safety and lives at risk when they do so.

According to Centers for Disease Control and Prevention (CDC) data, 82,366 severe injuries occurred in work-related accidents. Of these, 2,101 were reported by the oil and gas extraction industry. This accounts for 2.6% of the total injuries in the workforce, a high number considering the large number of industries in the United States.

The Occupational Safety and Health Administration also tracks employee injuries and deaths on oil rigs. It shows a continuing trend of severe and fatal accidents for oil rig workers. Despite the safety measures added over time, this continues to be dangerous work.

Common Types of Injuries in Oil Rig Operations

Injuries on oil rigs are some of the most severe you can face. In addition to physical harm, you could also suffer psychological harm and long-term health effects.

Physical Injuries 

Physical injuries are the direct result of impacts, accidents, and negligence that lead to catastrophic harm. Common physical injuries on oil rigs include:

  • Thermal, chemical, and electrical burns
  • Amputation or loss of limb
  • Spinal cord and back injuries
  • Electrocution
  • Loss of hearing or vision
  • Repetitive motion injuries
  • Crush injuries
  • Traumatic brain injuries and concussions
  • Fractures and broken bones
  • Paralysis
  • Wrongful death

Whether your injuries are minor or severe, you could be entitled to compensation.

Psychological Injuries

The injuries you suffer after an oil rig wreck can have psychological impacts, commonly referred to in the legal context as “pain and suffering.” Psychological injuries in rig accidents often include:

  • Anxiety and depression
  • Difficulty concentrating or focusing
  • Loss of interest in activities or relationships
  • Guilt
  • Mood swings or loss of temper
  • Insomnia and nightmares
  • Flashbacks and panic attacks
  • Post-traumatic stress disorder
  • Loss of appetite
  • Hypervigilance and fear
  • Avoidance behavior
  • Memories of the extreme pain you endured
  • Suicidal thoughts 

Long-Term Health Issues

Both physical and psychological injuries can cause long-term health issues. You can recover from many of these injuries, while others will impact you for a long time. For example, crush injuries often lead to amputation or paralysis, which forever changes your life. Traumatic brain injuries can cause permanent brain damage, altering your independence and even personality. Explosions can cause permanent scarring, hearing loss, and vision loss.

Many chemicals on oil rigs are carcinogenic, meaning they can cause cancer in those exposed to it. Some oil rig workers suffer from cancer diagnoses during their employment or later in life, often due to their work. Exposure to hydrogen sulfide, common on oil rigs, is known to cause leukemia.

Many hazards to your lungs may lead to long-term health detriments. Exposure to petroleum, natural gas, or asbestos can damage the lungs or cause other serious medical conditions. Workers who suffer long-term health issues should ask whether their employment may have contributed to their condition. An experienced oil rig worker rights attorney can help.

Steps To Take After an Oil Rig Injury

If you were seriously injured on an oil rig, you may be wondering: What do I do next? This can seem daunting and confusing as you deal with your physical recovery, the trauma of the accident, and the financial burdens it places on you. 

There are steps you can take to protect your health and legal rights:

  • Immediately report the injury: Report the injury to your supervisor or human resources department as soon as possible. Most employers set specific timelines on how quickly you must report an injury — otherwise, you could lose the right to compensation for it.
  • Get medical attention: Call 911 or contact the appropriate emergency medical personnel aboard your rig. Get treatment as soon as possible to reduce the damage you suffer and the extent of your injuries. Prompt medical attention could save your life, but it also shows you were responsible about your health. After your initial treatment, follow up on your care and follow the doctor’s orders. Failure to maintain your treatment could impact your legal case and compensation.
  • Collect evidence: Gather everything related to your accident, including medical bills, notes, and invoices. Get copies of any reports you or others submit. Take notes about what happened, including who witnessed the accident.
  • Consult a maritime injury attorney: Speak with a maritime accident attorney as soon as possible after your accident. There are often strict time limits in oil rig accident cases, which can be as short as 30 days in some aspects. Contacting your attorney preserves your legal rights and also the evidence needed to prove your claim. An experienced lawyer can begin investigating the accident and working toward your deserved compensation.

Compensation for Oil Rig Workers

Compensation can help you repair your life after a serious accident, providing the financial stability you need to cover your expenses and helping you recover from pain and suffering.

Importance of Legal Representation for Victims

Legal representation is critical when seeking compensation. The types of compensation available depend on your injuries, circumstances, and even which laws apply. An experienced oil rig attorney knows how to investigate your case, negotiate a potential resolution, and file a claim on your behalf. Injured workers without an attorney often learn too late how complicated the legal system is and how powerful the oil company’s attorneys can be. With the right representation, you are better protected and far more likely to win the compensation you deserve.

Seeking Justice and Compensation

Seeking compensation is more than just about money; it is about justice. Negligent parties deserve to be held accountable for their actions. This is especially true when another individual or your employer consciously chooses to ignore safety regulations or commits other gross misconduct. 

The compensation available to you will depend on many factors. It is especially influenced by whether personal injury, maritime, or workers’ compensation law applies to your specific case. Compensation available in oil rig accidents may include:

  • Past and future medical costs
  • Rehabilitation expenses
  • Property damages
  • Lost income or lost earning capacity
  • Pain and suffering
  • Loss of companionship and support
  • Grief over the death of a loved one
  • Funeral expenses
  • Punitive damages

Not every form of compensation on this list is available in every case, and more might be available in your situation. To learn about what you are entitled to, speak with an offshore rig accident attorney right away.

Understanding the Legal Process

Your attorney can help you understand the legal process that applies to your specific case. You will learn whether you are subject to maritime law, personal injury law, or workers’ compensation. Maritime law in particular can be very confusing to injured workers or inexperienced attorneys.

Hire a knowledgeable attorney to help you understand the legal framework your case must follow.

Legal Protections for Injured Oil Rig Workers

Oil rig workers are entitled to legal protection for their injuries. What law applies, however, depends greatly on the individual circumstances of your job. Where you work and what you do can greatly impact what law applies and the compensation that may be available. Some workers who are tangentially related to oil rig companies but primarily work on land may be protected by state personal injury laws. 

For onshore oil rig workers or offshore employees, however, other laws typically apply. 

The Jones Act

The Merchant Marine Act of 1820, more commonly known as the Jones Act, was enacted to allow maritime workers to file claims against their employers. The act protects oil rig workers on “unseaworthy” vessels by enabling them to sue their employers for negligence, entitling them to damages unavailable under workers’ compensation.

Jones Act claims operate similarly to a standard personal injury claim. The injured worker must show the defendant was negligent to recover compensation. This act applies to workers who qualify as a “seaman” and contribute to the operation of a vessel. Most workers aboard ships and rigs qualify, including:

  • Crew members
  • Captains
  • Entertainers
  • Phone operators
  • Safety managers
  • Electricians
  • Machinery operators

The Jones Act is highly complex and requires years of experience to leverage effectively in legal cases.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA extends coverage to a broader set of maritime workers than does the Jones Act. Instead of only covering a “seaman,” it also covers workers employed on vessels affixed to the ground. This may include:

  • Harbor workers
  • Longshore workers
  • Shipbuilders
  • Ship repair workers
  • Oil rig workers on fixed rigs

This act operates more similarly to a workers’ compensation system, although it grants broader protections and damages. For example, the LHWCA provides for vocational rehabilitation, lost wages, medical care, and more. Often, those ineligible to file a Jones Act claim may instead file one under the LHWCA. Which act applies can be tricky, but your attorney can enable you to file the right type of case.

Workers’ Compensation

Depending on where your rig is located, you may be protected by the workers’ compensation system. This is a non-negligence-based system, meaning the injured party does not have to prove that anyone was negligent to recover. In fact, you could even recover if you were at fault for your injuries. This applies when you were hurt in the course of your employment and when in the right jurisdiction.

Benefits under workers’ compensation compensate you for actual losses, lost time at work, and your medical costs. It does not permit you to file for non-economic damages, such as your pain and suffering. This is different from other personal injury lawsuits or even Jones Act claims, which may cover these costs when properly proven.

Oil Rig Accident FAQs

What was the deadliest oil rig accident?

The Piper Alpha disaster of 1988 is the deadliest oil rig accident. 167 workers were killed in the disaster. It had a significant impact on the local ecosystem as well.

What was the worst oil disaster in history?

The Deepwater Horizon created the worst oil disaster in history. On April 20, 2010, the oil drilling rig exploded and sank in the Gulf of Mexico. Eleven workers were killed, and it was the largest oil spill in history.

How many people have died from oil rig accidents?

Tens of thousands of people have died in oil rig accidents. Even in the United States, hundreds die each year. The number of serious injuries is even higher.

Protecting Oil Rig Workers’ Rights After an Injury

After an injury, you need to take appropriate steps to protect your health and legal rights. Get immediate medical attention and focus on your health. Report the accident to your employer and contact an experienced oil rig worker attorney immediately.

To seek the compensation you deserve, speak with the attorneys at Morris & Dewett Injury Lawyers. We have decades of experience in oil rig accident cases that we can put to work for you. Our team has recovered millions for our clients. Contact us today for a free consultation of your case.

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.