What Makes Oilfield Accident Cases Unique?
The oil and gas industry is a vital part of Montana's economy, but it also presents a highly hazardous working environment. oilfield accidents present unique challenges that distinguish them from other personal injury cases.
When someone is injured on an oilfield site, the legal and factual issues often go far beyond the basics of a standard workplace accident. These claims require more than proving that someone got hurt. They frequently involve multiple companies, extensive safety regulations, and heavy machinery that can cause life-altering harm.
At Gerstner Law, we handle a wide range of oilfield injury claims in Billings, Montana, and nearby areas, including Glendive, Miles City, and Sidney. From our perspective, what makes these cases truly different is how the injuries affect every aspect of a person’s life and how fiercely companies work to limit their liability.
The Oilfield Work Environment
Oilfield sites are inherently hazardous, characterized by long hours, high-pressure equipment, and demanding operations. Many injuries result from failures in safety protocols, worn-out machinery, or poorly trained subcontractors.
In Montana, oilfields often bring together a mix of local and out-of-state workers, contractors, and companies, each with different policies and responsibilities.
When a personal injury occurs on an oilfield, determining who is legally responsible can be challenging. A drilling company may lease land from another entity, subcontract operations to multiple parties, and rely on third-party vendors for equipment or maintenance.
These overlapping responsibilities often mean more than one party contributed to the conditions that caused the injury. That’s why it’s essential to identify all liable parties early in the process.
Beyond Workers' Compensation
Montana law requires most employers to carry workers' compensation insurance, and injured workers often start there for immediate medical coverage and partial wage replacement. But oilfield accident cases often involve more than just workers' comp.
In many situations, a third party, not the employer, is responsible for unsafe conditions or faulty equipment. In those cases, the injured worker may also have the right to pursue a separate personal injury claim.
Workers' compensation covers basic benefits, but it doesn’t address the full range of damages a personal injury lawsuit can provide. That includes:
Pain and suffering
Loss of future earning capacity
Long-term disability
We focus on these claims because we believe those injured by another party’s carelessness deserve full and fair compensation under Montana law.
We often find that employers and contractors shift blame to each other or argue that the injured person was responsible for their own harm. Our job is to cut through those distractions and present a clear case showing what happened, why it happened, and who is legally at fault.
Safety Violations and Regulatory Failures
In many oilfield injury cases, we find that safety violations are a driving factor. Montana incorporates federal OSHA standards, and oil and gas operations are subject to numerous state and federal safety regulations.
Unfortunately, not every company follows them. Some companies cut corners to keep projects on schedule or reduce costs, putting workers at risk.
When someone suffers a personal injury due to a regulatory violation, we work to document precisely how those violations occurred. This may include improper training, a lack of protective gear, or failure to follow proper drilling and maintenance protocols. These details can become central to proving a company’s negligence in a civil lawsuit.
Many incidents could have been prevented if companies had taken reasonable steps to protect their workers. Unfortunately, once an injury happens, those same companies often deny wrongdoing and try to avoid accountability.
The Severity of Injuries in Oilfield Cases
Oilfield accidents tend to result in more severe injuries than many other workplace incidents. High-pressure equipment, explosions, heavy machinery, and falls from heights can all lead to devastating harm.
We’ve represented workers who suffered amputations, traumatic brain injuries, spinal cord damage, and severe burns. These cases involve long-term medical care, lost earning ability, and changes to every aspect of life.
A typical personal injury claim may involve a car crash or a slip and fall, but oilfield injuries often require more extensive medical documentation and long-term planning. We collaborate with physicians, life care planners, and economists to create a comprehensive picture of our client's future needs, not just their current requirements.
It’s not just the physical injuries that matter. Many of our clients suffer emotional trauma, financial stress, and career-ending consequences. These losses deserve recognition in a personal injury case. We take care to present a complete, human picture of what our client is facing, rather than reducing their injuries to a list of medical records.
Proving Negligence in a Challenging Industry
Proving fault in an oilfield case is rarely straightforward. Companies involved in oil and gas operations typically have extensive legal departments and insurance carriers in place to protect them from liability.
They often begin investigating an accident the same day it happens. By the time an injured worker seeks legal help, those companies may already be building a defense.
That’s why early investigation is critical. We work quickly to gather incident reports, maintenance logs, safety audits, witness statements, and photographs. We also push to preserve equipment and site conditions that might be altered after the accident. Timing is critical, especially when multiple companies are involved.
Montana personal injury law allows injured individuals to seek compensation when another party fails to act with reasonable care. That’s the standard we apply to oilfield operators, contractors, and suppliers.
We look at industry best practices, contractual obligations, and safety records to determine whether our client’s injury resulted from someone else’s failure to act responsibly.
Fighting Corporate Defenses
In oilfield cases, the defense strategies are aggressive. Companies often try to claim that the injured worker was at fault or that their injuries are not as serious as reported.
They may argue that the worker signed waivers or assumed the risk by working in a dangerous environment. These arguments are common, but they do not automatically block a personal injury claim.
Montana law allows for comparative fault, meaning a person’s compensation may be reduced if they were partly responsible for their injuries.
However, they are not barred from recovering unless they were more than 50 percent at fault. We often deal with arguments over fault percentages and work hard to show that our client’s conduct does not justify the blame.
We also push back against attempts to minimize our clients’ injuries. In oilfield accidents, the long-term impact of a personal injury can be enormous. A person may never return to work, may live with chronic pain, or may require lifetime care.
These are not speculative claims—they are tangible and measurable losses that deserve recognition in court.
Insurance Complications and Corporate Layers
Oilfield injury claims often involve multiple layers of insurance coverage. One contractor may have a primary policy, while another carries excess coverage. In some cases, the employer is self-insured or part of a larger risk pool. Identifying who holds the responsibility—and which policy applies—can be a challenge.
We don’t let our clients face these issues alone. We analyze insurance documents, contracts, and indemnity agreements to identify which party is financially responsible for the injury.
In personal injury cases involving serious harm, the difference between $500,000 and $5 million in coverage can make a significant difference. That’s why we push to uncover every possible source of compensation.
Long-Term Support for Injured Workers
When someone suffers a personal injury in an oilfield accident, their life may never return to what it once was. They may lose the ability to support a family, enjoy daily activities, or maintain their independence. These losses go far beyond hospital bills.
At Gerstner Adam Law, we focus on securing compensation that reflects the long-term nature of these losses. Whether it’s future medical treatment, lost future income, or permanent disability, we work to present a complete account of what our client will need to rebuild their life.
We also understand that financial compensation, while important, cannot undo what has happened. However, it can provide someone with the resources and security they need to move forward. That’s what we fight for in every oilfield personal injury case.
Contact Us for the Next Steps
At Gerstner Law, we approach every oilfield injury case with a focus on truth, fairness, and full accountability. We’re proud to serve Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney. Call today to pursue justice and compensation if you've been injured in an oilfield accident.