The oil and gas industry is big business in Texas and not everyone works on land. Thousands of employees spend their working hours offshore on oil rigs. While the rigs are a crucial supplier of oil and gas, they can also be dangerous; fires and explosions are a constant threat.
Since most explosions are preventable, injured workers are often eligible to file a claim for damages but the process can be complex. So, here’s what to know about oil and gas rig explosion claims.
Common Causes of Oil and Gas Rig Explosions
According to the Bureau of Labor Statistics, 608 worker fatalities occurred in Texas in 2019 alone. Of those fatalities, 8.1 percent involved workers in the mining, quarrying, and oil and gas extraction industries.
So, what are the common causes of explosions on gas and oil rigs? Since oil rigs have a steady supply of combustible materials, fires, and explosions are always a concern. Even the equipment used can spark a fire resulting in an explosion.
Some other common causes include:
- Equipment failure: Oil rigs use a lot of heavy equipment that requires regular maintenance and user safety. Poor maintenance and defective equipment can cause an explosion.
- Inclement weather: Managers of oil rigs are responsible for evacuating workers when extreme weather is forecasted, which includes strong winds and lightning. Strong winds can make working conditions unsafe and lightning can cause explosions. If workers aren’t evacuated in time, injuries and even fatalities can occur.
- Well blowouts: A well blowout occurs when highly pressurized pockets of oil or gas are accidentally tapped. Most modern oil rigs are equipped with special devices to detect and prevent blowouts. However, if there’s an equipment failure during drilling, a blowout can cause fires or explosions.
Another common and preventable cause of oil rig explosions is unsafe work practices, and this can include anything from welding in an unapproved location to using the wrong tools for a job.
Types of Injuries Commonly Sustained in Gas and Oil Rig Explosions
Explosions send out intensive shock waves that can cause a variety of injuries. Workers can be knocked down or flung into the air from the force of the explosion. Some of the injuries commonly reported in oil and gas rig explosion claims include the following:
- First, second, and third-degree burns
- Skin trauma from chemical exposure
- Traumatic brain injuries
- Fractures and dislocations
- Blunt force trauma
- Spinal cord injuries
- Soft tissue injuries
- Amputation and dismemberment
Workers injured in oil and gas explosions can also suffer from post-traumatic stress disorder. Fatalities can also occur. If a fatality occurs, you may be able to file a wrongful death claim on behalf of your loved one.
How to File an Oil and Gas Rig Explosion Claim
You typically have a few options on what type of claim you file after being injured in an oil and gas explosion. The location of the oil rig can affect the type of claim, along with your job duties.
Filing a Claim For Injuries Sustained on an Off-Shore Platform
If you’re injured working on an offshore oil and gas rig platform, you may be able to file a claim under either the Longshore & Harbor Workers’ Compensation Act or the Jones Act.
El Longshore & Harbor Workers’ Compensation Act is a federal rule that provides compensation for offshore oil rig workers. The Act typically covers your medical expenses and lost income.
To qualify for compensation under the Act, your injuries must occur in U.S. waters or in nearby areas like harbors and loading docks. If your accident happens in international waters, you probably aren’t eligible for this type of compensation.
Another federal rule is the Jones Act, which allows workers injured on oil and gas rigs in the Gulf of Mexico to file legal claims against platform and vessel owners. Something to note is the Jones Act is limited to the Gulf of Mexico and it doesn’t provide compensation. The Act only allows workers to file a claim against others liable for their injuries.
For example, if the platform owner fails to keep up with platform maintenance and you’re injured in an explosion, the Jones Act gives you the legal right to sue.
What About Workers’ Compensation?
Your injuries caused by an oil and gas rig explosion may be covered by workers’ compensation. Almost all employers are required to carry this type of insurance, though there can be exceptions.
If your employer has workers’ compensation coverage, you may be able to file a claim. Workers’ compensation usually covers your medical expenses and lost wages. The insurance can also pay out lifetime benefits if your injuries are preventing you from returning to work.
However, if you file a workers’ compensation claim and accept the benefits, you’re also giving up your right to file a lawsuit against your employer. This means you no longer qualify for protections under the Jones Act.
You also can’t file a personal injury lawsuit for any additional losses like non-economic damages; this is something to consider before accepting a workers’ compensation award.
Filing a Personal Injury Lawsuit
As long as you’re not filing a workers’ compensation claim, you shouldn’t have an issue submitting a personal injury claim. You will need to prove your employer’s negligence, and this can be complicated.
Federal and state investigations typically show up anytime there’s an explosion causing injuries or fatalities on an oil and gas rig. However, waiting for the results of their investigation can take months.
If you do decide to go forward with a personal injury lawsuit, you can list both your economic and non-economic damages. This is something you can’t do with a workers’ comp claim.
Talk to an Attorney About Your Oil and Gas Rig Explosion
Unfortunately, explosions and other types of accidents aren’t unheard of on oil and gas platforms. Each year, workers are seriously injured. If your injuries are caused by an explosion, you may be able to file a claim to recover compensation.
However, navigating the process is complex, especially if you’re trying to decide which type of injury claim to file. Talk to an attorney about your claim and let them help you through the process.
