How to Build a Strong Case for Oilfield Accident Compensation
When accidents occur, workers and their families often face significant medical expenses, lost wages, and long-term uncertainty. Pursuing fair compensation after such an accident requires building a strong case rooted in Montana law.
As attorneys focused on personal injury cases, Gerstner Adam Law guides clients through the process of securing the compensation they need to recover and move forward. Our attorneys understand the risks faced by those who work in Montana’s oilfields and strive to offer them support throughout the legal process. Located in Billings, Montana, we serve the surrounding communities in Glendive, Miles City, and Sidney.
The Dangers of Oilfield Work in Montana
Oilfield operations involve heavy machinery, flammable materials, and demanding physical labor. Workers are often exposed to risks such as explosions, falls, toxic chemical exposure, and crushing injuries.
In Montana, where oilfields operate in both harsh weather and remote conditions, the chance of accidents can be even greater. When something goes wrong, the results are rarely minor. Injuries in these cases frequently require extensive medical care and can leave workers unable to return to their jobs for extended periods—or ever.
From a legal perspective, personal injury cases involving oilfields call for careful investigation and strong advocacy to prove how negligence, unsafe practices, or regulatory violations contributed to the accident.
Personal Injury Law and Oilfield Accidents
Under Montana law, injured workers may have more than one avenue for recovery. Workers’ compensation benefits often provide medical coverage and partial wage replacement, but they don’t always address the full scope of damages.
In some cases, a third-party personal injury claim may be available, allowing injured workers to seek additional compensation for pain and suffering, lost future income, or permanent disability. For example, if a contractor, equipment manufacturer, or outside service provider contributed to the accident, a personal injury claim may be filed against them.
At Gerstner Adam Law, we assess every case to determine whether a personal injury claim can be pursued in addition to workers’ compensation benefits. This dual approach often provides our clients with a more complete recovery.
Building a Case: Key Steps
When handling oilfield accident claims, the process of building a strong case involves multiple steps. Each one strengthens the connection between the accident and the damages suffered. Over the years, we’ve developed a clear approach that improves our clients’ chances of success.
Investigating the Accident
The first step is a thorough investigation of how the accident occurred. We work to identify whether it resulted from equipment failure, unsafe working conditions, lack of training, or negligence by another party. This often involves reviewing safety records, company policies, maintenance logs, and witness statements.
In oilfield accidents, companies sometimes attempt to downplay their part or shift blame to workers. Our investigation aims to uncover the truth and show how improper safety measures or violations of industry regulations contributed to the incident.
Preserving Evidence
Time is critical in personal injury cases. Evidence at oilfield sites can be quickly lost or destroyed, whether intentionally or through routine cleanup. Photographs, equipment inspections, and immediate witness interviews all play a part in preserving key details. The earlier we become involved, the stronger the case we can build.
Documenting Injuries
Medical records form the foundation of any personal injury claim. In oilfield accidents, injuries are often severe and may include burns, fractures, traumatic brain injuries, or spinal damage. We work closely with medical professionals to document the extent of these injuries, their impact on quality of life, and the long-term care that will be required.
Identifying Liable Parties
In many oilfield accidents, more than one party shares responsibility. A contractor may have failed to follow safety protocols, a manufacturer may have sold defective equipment, or a site owner may have ignored hazards. Determining liability is critical to maximizing compensation.
Pursuing Full Compensation
Compensation in personal injury cases extends beyond medical bills and lost wages. It also includes damages for future medical care, reduced earning capacity, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available if a company’s conduct was reckless or willfully negligent.
Types of Evidence That Strengthen a Claim
Every oilfield accident case depends on the quality of the evidence presented. At Gerstner Adam Law, we focus on building a comprehensive picture of the accident and its aftermath. Some of the most important evidence includes:
Accident reports filed with employers or government agencies.
OSHA or Montana Department of Labor investigation findings.
Eyewitness testimony from coworkers or bystanders.
Photos or videos of the accident site and equipment.
Maintenance and inspection records for machinery.
Expert opinions on safety violations or mechanical failures.
Medical evaluations and treatment records.
This evidence not only establishes what happened but also highlights the degree of negligence involved. In personal injury cases, the clearer the link between unsafe practices and injuries, the stronger the claim for compensation.
Common Causes of Oilfield Accidents
While each case is unique, certain factors frequently appear in Montana oilfield accidents. Recognizing these patterns helps us anticipate defenses and build stronger claims on behalf of the victims. These factors include
Equipment failures due to poor maintenance.
Inadequate safety training for workers.
Explosions or fires caused by flammable substances.
Falls from rigs, scaffolding, or elevated platforms.
Vehicle accidents involving large trucks or transport equipment.
Toxic exposure to hazardous chemicals.
Fatigue from long hours and demanding shifts.
By identifying the root cause of an accident, we’re able to show exactly how it could have been prevented, thereby strengthening the argument for compensation.
How Montana Law Shapes Oilfield Accident Claims
Montana law influences oilfield accident cases in several important ways. First, the state’s workers’ compensation system generally bars employees from suing their direct employer. However, third-party claims remain available, and these are often the best path to full compensation in serious cases.
Second, Montana applies a modified comparative negligence rule. This means that if an injured worker is found partially at fault, their compensation will be reduced by their percentage of fault. If they’re found 51% or more at fault, they can’t recover damages. For this reason, evidence that minimizes the worker’s share of responsibility is critical in personal injury cases.
Finally, Montana law allows for punitive damages in cases where the conduct was particularly reckless. In oilfield cases, this might apply if an employer knowingly ignored safety regulations, failed to repair dangerous equipment, or forced employees to work in unsafe conditions.
The Challenges of Insurance Companies
Insurance carriers often defend oilfield accident claims aggressively, particularly when high damages are at stake. They may attempt to downplay injuries, shift blame to the worker, or push for quick settlements that don’t reflect the full extent of damages.
At Gerstner Adam Law, we push back against these tactics by presenting strong evidence and demonstrating the real impact of the accident on our clients’ lives.
We emphasize that fair compensation isn’t just about immediate medical bills but also about long-term stability. Personal injury claims in oilfield cases must account for rehabilitation costs, future lost earnings, and the emotional toll of serious injuries.
Reach Out Today
Oilfield accidents in Montana can leave workers and their families facing overwhelming challenges. The injuries are often severe, the recovery long, and the financial impact devastating. Building a strong case for compensation requires careful investigation, preservation of evidence, and a deep understanding of Montana personal injury law.
At Gerstner Adam Law, we support injured workers throughout this process. By identifying liable parties, gathering evidence, and countering insurance company tactics, we work to secure the compensation you need to rebuild your life. We’re proud to serve Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney. Call today for a consultation.