Navigating Legal Claims for Oilfield Injuries in Remote Locations
Working in the oil and gas industry is known for being both demanding and dangerous. However, the risk of workplace injury increases significantly for those assigned to remote oilfields. When oilfield injuries occur in these remote locations, legal claims can be far more complicated than in more accessible workplaces.
At Gerstner Adam Law, located in Billings, Montana, our attorneys assist injured workers and their families in navigating the legal process for oilfield injuries. Our goal is to guide you through the challenges and legal strategies involved in pursuing workers’ compensation or third-party claims after an injury in a remote oilfield.
The Basic Risks of Oilfield Work
The oil and gas extraction industry ranks among the most hazardous in the United States. According to the Bureau of Labor Statistics (BLS), the fatality rate for oil and gas extraction workers is several times higher than the national average for all industries. The causes of oilfield injuries are varied and commonly include:
Equipment malfunctions and blowouts
Fires and explosions
Falls from elevated platforms
Exposure to toxic chemicals and gases
Vehicle accidents on remote access roads
Fatigue from extended shifts or long commutes
These dangers are compounded in isolated locations where the nearest hospital may be hundreds of miles away. Without emergency intervention, injuries that might have been treatable in urban areas can become life-threatening. In such environments, even minor accidents can escalate quickly, making proactive safety measures and emergency preparedness essential.
Common Types of Oilfield Injuries
Oilfield jobs involve strenuous physical labor and exposure to hazardous materials. Even with strict safety protocols in place, accidents can happen in an instant, often with devastating consequences. Some of the most common oilfield injuries that occur, particularly in remote environments, include the following.
Crush injuries: These can happen from falling equipment or collapsing trenches.
Burns: The result of fires, explosions, or contact with hot surfaces.
Fractures and traumatic brain injuries: These can result from falls or being struck by objects.
Chemical exposure: This can often lead to respiratory damage or skin burns.
Amputations: These can often result from machinery accidents.
Heat stroke or hypothermia: Either of these is possible, depending on seasonal conditions.
Proper documentation and prompt legal action are essential to make sure that the full extent of your injury is accurately reflected in any settlement or judgment. A comprehensive legal strategy should also account for future medical expenses, loss of earning capacity, and the psychological toll on both you and your family.
Workers’ Compensation vs. Third-Party Claims
When an oilfield worker is injured on the job, it’s typical to file a workers’ compensation claim. However, workers’ compensation benefits may not fully cover the cost of severe oilfield injuries, especially when disability is involved. Some injured workers may be eligible to file a third-party claim against someone other than their employer, who may be liable for the injury. For instance:
If faulty equipment caused the injury, the manufacturer may be liable.
If a subcontractor’s negligence contributed to the accident, that company may be sued.
If a landowner or property manager failed to maintain a safe work environment, they may be held responsible.
Our attorneys at Gerstner Adam Law can assess your case to determine whether a third-party claim could supplement your workers’ compensation benefits and potentially provide greater financial recovery. These claims can be especially important in cases involving long-term disability, extensive medical treatment, or significant pain and suffering.
Legal Challenges in Remote Locations
Remote oilfields present unique complications for injured workers pursuing legal action. The isolated nature of these sites often leads to logistical, medical, and legal hurdles that can delay or derail a claim. Understanding the following challenges in advance can help you protect your rights and preserve essential evidence in the event of a serious injury.
Delayed reporting and documentation: In remote areas, it may take hours or even days for an injury to be properly reported and documented. This delay can lead to disputes with insurance providers over the timing and cause of the injury. For example, an insurer may claim the injury occurred off-site or during non-work hours if there’s a gap in reporting.
Limited access to medical care: Remote locations often lack nearby hospitals or trauma centers, and access to specialists is frequently limited. Injured workers may need to be airlifted to urban hospitals, which can further delay diagnosis and treatment. These delays can lead to complications in proving the extent of injuries or disputing the insurance company’s assessment of your condition.
Jurisdictional and legal complications: Remote oilfields often straddle state lines or exist on federal or tribal lands, which complicates jurisdiction. Determining which state’s laws apply and where to file a claim can significantly impact your case. In some situations, multiple jurisdictions may be involved, each with its own rules on benefits, filing deadlines, and appeal processes.
Considering Employer Negligence in Oilfield Injury Cases
While workers’ compensation claims typically don’t require proof of employer fault, some oilfield injuries can result from gross negligence, which may open the door to legal action beyond the standard compensation system. These cases often involve serious safety violations or reckless disregard for employee well-being. Some examples of employer negligence include:
Failing to provide proper safety training
Not maintaining or inspecting equipment
Ignoring OSHA safety regulations
Forcing workers to perform tasks outside their training or physical capacity
Failing to staff remote sites adequately or ignoring emergency protocols
If employer negligence contributed to the accident, you may be able to file a negligence lawsuit. Pursuing a negligence claim can lead to additional compensation for pain and suffering, punitive damages, and other losses not typically covered under workers’ compensation.
How an Attorney Can Help
Injured workers are often at a disadvantage when dealing with insurance adjusters and corporate legal firms. This power imbalance is even more pronounced when the injury happens in a remote location. A knowledgeable workers’ compensation attorney can help by:
Investigating the cause of the injury
Gathering time-sensitive evidence
Securing expert medical opinions
Filing the proper paperwork on time
Negotiating settlements
Having legal support is especially critical in remote-area cases where delays and confusion can weaken your position. An experienced attorney can anticipate and counteract tactics used by insurers to minimize payouts to make sure your claim is taken seriously. They can also serve as your advocate when you're unable to travel or communicate easily due to your injury.
Speak With an Experienced Personal Injury Attorney Today
Oilfield workers are the backbone of one of the most critical industries in the world, but they’re often vulnerable to serious workplace injuries. If you or a loved one has suffered oilfield injuries, there is help available for your injury claim. At Gerstner Adam Law, we assist clients in Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney with their oilfield injury claims. Contact our office today to schedule a consultation.