Oil and gas extraction is one of the most dangerous industries for modern employees. Vehicle incidents, chemical exposure, contact with equipment and falls from elevations are all common workplace hazards.
Oilfield professionals are at risk of sustaining career-ending injuries while performing job functions. They may then have decades of lost future income and significant medical expenses to address. Professionals hurt at an oil field may want to hold their employers accountable through civil litigation.
Does the law in Oklahoma allow an injured employee to sue oil and gas companies if a worker sustains major injuries on the job?
Workers’ compensation is the first line of defense
Typically, oil and gas workers are employees, which means that they are eligible for workers’ compensation benefits. Provided that their employer complies with the law and carries the coverage required for statutory compliance, the law largely indemnifies employers from worker litigation. The primary exceptions to this rule include when employers do not follow workers’ compensation coverage requirements or when they have proof that intentional misconduct led to their deliberate injury.
However, an Oklahoma Supreme Court ruling actually expanded this right specifically for those working at oil and gas extraction facilities. Oil and gas well operators and owners no longer have total protection from litigation.
In scenarios where there is proof of negligence, possibly related to worker training or facility maintenance, injured professionals may have grounds for a personal injury lawsuit against their employer or the owner of the well. It may also be possible for injured oil and gas workers to file third-party lawsuits against the manufacturers of defective equipment or negligent third-party contractors present at the job site.
However, there are restrictions on the right to sue if the situation qualifies. A workers’ compensation claim may become the exclusive remedy for an injured worker, which makes reviewing the situation carefully before taking any action critical. Workers need proof of negligence and of the damages they incurred to take legal action.
Reviewing the circumstances surrounding an oil and gas work injury with a skilled legal team can help professionals understand their options. Workers’ compensation and litigation may both be viable sources of financial relief for injured Oklahoma oil and gas professionals, although they must choose which option to pursue as their exclusive remedy in most cases.