Working in an oilfield can be a dangerous job. Every year, workers in the oil and gas industry face numerous risks due to hazardous conditions and defective equipment. It’s important for anyone in this industry to know their rights when it comes to filing a claim for compensation, as these types of lawsuits can be complex and require the help of an experienced Albuquerque personal injury attorney. If you’ve been injured in Albuquerque and need the help of an oilfield lawyer, contact us today and schedule a free consultation.
Common Oilfield Injuries
Oilfield work can be a dangerous occupation, with employees facing a variety of hazards on a daily basis. Some of the most common causes of oilfield injuries include the following:
Exposure to Toxic Chemicals
Oilfields are known for their use of hazardous chemicals such as benzene, which can cause serious health concerns. The inhalation of these substances can lead to respiratory illnesses such as asthma, bronchitis, and even cancer.
Workers exposed to these toxins may be eligible for workers’ compensation benefits if they are diagnosed with a related illness. Additionally, medical costs related to the treatment of the condition may also be covered under the claim.
Slip and Fall Accidents on Wet Metal Rigs or Decks
Metal rigs or decks at oilfields can become slippery when wet from rain or snowfall. If a worker slips and falls due to this hazard, they may be able to file a claim for damages related to lost wages and medical expenses if they are injured in the process.
Oilfield workers often rely on heavy machinery and other equipment while performing their duties that could malfunction unexpectedly if not properly maintained by employers or manufacturers.
Work Truck Accidents
Work truck accidents are another common source of personal injury in the oil industry as these vehicles are often used for transporting personnel and supplies between various sites. Employers need to make sure that all drivers have been trained on how to safely operate these vehicles and have valid driver’s licenses before allowing them behind the wheel of a work truck.
Additionally, employers should regularly inspect their vehicles for any mechanical issues that could lead to an accident while they’re being operated.
Workers’ Compensation Claims After an Albuquerque Oilfield Injury
Workers’ compensation is a form of no-fault insurance that is required by law in most states. This means that an employee does not have to prove that the employer was at fault to receive benefits.
Instead, workers’ compensation provides benefits for lost wages and medical expenses to employees who are injured or become ill as a result of their work. The benefits are typically paid by the employer’s workers’ compensation insurance carrier, and in return, the employee gives up the right to sue the employer for negligence. Workers’ compensation claims do not provide compensation for pain and suffering.
Third-Party Negligence Claims After an Oilfield Injury
On the other hand, a third-party negligence claim is a legal action that is brought against a person or entity other than the employer. This type of claim is based on the legal theory of negligence, which requires the injured party to prove that the third party had a legal duty to exercise reasonable care and that the third party’s failure to do so caused the injury.
In an oilfield injury case, a third-party negligence claim might be brought against a manufacturer of faulty equipment, a contractor, or another company that was working on the site at the time of the injury.
Proving Negligence in a New Mexico Oilfield Injury Claim
Negligence is a legal concept that refers to the failure of a person or entity to exercise reasonable care, resulting in harm to another person. In the context of an oilfield injury, proving negligence can be a complex process. You must prove the following elements:
Duty of Care: The first step in proving negligence is to demonstrate that the responsible party had a legal duty to exercise reasonable care to prevent harm. This could the duty of a third-party contractor who is working alongside an employee.
Breach of Duty: Once the duty of care has been established, it must be shown that the responsible party failed to meet that duty by not taking reasonable steps to prevent the injury. This could include failing to provide proper training, failing to maintain equipment, or failing to follow safety protocols.
Causation: It must be proven that the breach of duty by the responsible party was a direct cause of the injury.
Damages: The injured person must have suffered some type of harm, such as physical injury or loss of income, as a result of the breach of duty.
Why Choose Davis Kelin Law Firm to Help With Your Albuquerque Oilfield Injury Claim
When it comes to hiring an oilfield attorney for your injury lawsuit, you want to make sure that you find someone who has the knowledge and experience to handle your case and get you the best possible outcome. That’s where The Davis Kelin Law Firm come in. Here’s why we’re the best choice:
We have decades of experience handling all types of personal injury cases.
Our Albuquerque oilfield lawyers have a deep understanding of the oil and gas industry and the specific hazards that oilfield workers face. We have experience working with experts in fields such as engineering, safety, and medicine to determine the cause of the injury and the full extent of the damages.
We understand that each case is unique and that every client has different needs. That’s why we provide personalized service to each client, taking the time to understand their specific situation and tailor our approach to their individual needs.
Oilfield injuries can be devastating, both for the injured and their family. If you or a loved one has been injured in an oilfield accident, contact us today to schedule a free consultation.
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