Texas Oil Field Injury Claims: Workers’ Compensation vs. Third-Party Lawsuits
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What to Do Immediately After an On-the-Job Oil Field Injury in Texas
Oil field work in Texas is some of the toughest — and most dangerous — work in the country. When a serious injury happens on the job, many workers aren’t sure what kind of legal claim they can file or where to turn for help. It’s even more complex when you factor in oil field third-party claims.
At MLF Legal PLLC, our Texas oil field injury lawyers help injured workers understand the difference between workers’ compensation and third-party claims — two very different paths that can affect your recovery and your future.
1. Workers’ Compensation Claims in Texas Oil Fields
Under Texas Labor Code Title 5, employers who opt into the Texas Workers’ Compensation system must provide injured employees with benefits that cover:
- Medical treatment for work-related injuries
- Partial wage replacement while recovering
- Impairment income benefits if permanent damage occurs
However, Texas is unique — not all employers are required to carry workers’ compensation insurance. Many oil and gas companies are “nonsubscribers,” meaning injured employees may need to file a negligence lawsuit instead.
If your employer carries coverage, you must report your injury within 30 days and file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) within one year. Failure to do so can result in a loss of benefits.
Learn more about the steps to take immediately after an accident in our guide:
👉 What To Do After an Oil Field Injury.
2. When You Can File a Third-Party Lawsuit
Even if your employer carries workers’ comp insurance, you may still have the right to pursue a third-party claim if another company’s negligence caused your injury.
Examples of third-party liability in Texas oil field cases include:
- Defective equipment manufactured by another company
- Negligent subcontractors or site managers
- Unsafe transportation accidents caused by third-party drivers
- Improper maintenance by outside vendors
Unlike workers’ comp, a third-party lawsuit allows you to recover full compensation — including pain and suffering, emotional distress, and future medical expenses.
3. How to Tell Which Claim Applies to Your Situation
Determining the right type of claim often depends on your employer’s insurance status and how the accident occurred.
Here’s a quick guide:
Situation | Possible Claim Type |
Employer carries workers’ comp | File through TDI-DWC |
Employer does not carry workers’ comp | Negligence lawsuit (nonsubscriber case) |
Defective machinery or contractor negligence | Third-party lawsuit |
Combination of employer and third-party fault | Both claims may apply |
Because oil field accidents often involve multiple companies, you may have more than one avenue for recovery. That’s why it’s crucial to consult an experienced Texas oil field injury attorney who understands both workers’ comp and personal injury law.
On-the-Job Oil Field Injury Lawsuit in Texas – Q&A
Report the injury to your employer within 30 days, seek medical attention, and document the accident. If your employer carries workers’ comp, you must also file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) within one year.
No. Texas is unique because employers are not required to carry workers’ comp. Many oil and gas companies are “nonsubscribers,” meaning you may need to file a negligence lawsuit instead of a workers’ comp claim.
Workers’ comp can provide medical treatment, partial wage replacement, and impairment income benefits if permanent damage occurs.
You may file a third-party claim if another company’s negligence caused your injury — such as defective equipment, negligent subcontractors, unsafe transportation accidents, or improper maintenance by outside vendors.
Yes. If your employer carries workers’ comp but another company contributed to your injury, you may be able to pursue both claims for maximum recovery.
Unlike workers’ comp, a third-party lawsuit allows recovery for pain and suffering, emotional distress, future medical expenses, and full compensation for lost wages.
Employers and insurers often act quickly to limit liability. An attorney can preserve evidence, identify responsible parties, file paperwork on time, and fight for maximum compensation under Texas law.
For workers’ comp, you must report the injury within 30 days and file with TDI-DWC within one year. For third-party lawsuits, Texas generally has a two-year statute of limitations, but deadlines can vary depending on the case.
If your employer does not carry workers’ comp, you may file a negligence lawsuit directly against them. These cases often allow broader recovery than workers’ comp claims.
Our team handles both workers’ comp claims and third-party lawsuits, ensuring no source of recovery is overlooked. We fight to protect your rights and maximize your compensation.
Injured at work in Texas ?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
4. Why Legal Representation Matters
Oil and gas employers — and their insurers — move quickly after an accident. Evidence can disappear, witnesses can be pressured, and injured workers may be misled about their rights.
As experienced oil field third-party claims attorneys, we immediately step in to:
- Preserve evidence and accident reports
- Determine who is legally responsible
- File all required paperwork and deadlines
- Pursue maximum compensation under Texas law
Our team handles both state workers’ compensation claims and third-party lawsuits, ensuring that no source of recovery is overlooked.
5. Contact a Texas Oil Field Injury Lawyer Today
If you’ve been hurt in a Texas oil-field accident, don’t try to navigate the system alone. Whether your claim falls under workers’ compensation or a third-party lawsuit, MLF Legal PLLC will fight to protect your rights and maximize your recovery.
Get your free consultation with a dedicated Texas oil field injury lawyer today.