Oilfield Accident Attorneys – Personal Injury Lawyers

Oilfield Accident Attorneys – Personal Injury Lawyers

Oil Patch Defendants Always Say it’s Not Their Fault: but Yours

If your drilling employer is a workers’ comp insurance non-subscriber, or the third party against whom you’ve filed an injury claim has private coverage, then he or she isn’t likely to automatically pay you for the harm you’ve suffered due to that negligence. That’s because the insurance company doesn’t want your employer to do that. And paying a claim will certainly produce even higher coverage rates for the defendant(s). Our experience in these matters has revealed that most non-subscribers, their insurance companies and attorneys will often one or two traditional defenses to avoid paying injured employees the restitution they deserve.

oilfield accident lawyers
Oil well and storage tanks in the Texas Panhandle.

The primary liability defense afforded non-subscribers after an oilfield employee suffers an injury is to charge the plaintiff with sole proximate cause. This means the victim was totally to blame for his or her own injuries. In order to invoke the sole proximate cause defense, non-subscribing employers, their insurance companies and attorneys say and do anything to soil your good reputation as a worker by claiming you were careless or irresponsible and caused your own injuries. And since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, your own cunning oilfield accident attorney to turn the tables of liability back on the negligent employer or third party is a powerful weapon on your behalf.

Defendants Question the Employer-Employee Relationship in Order to Avoid Paying You

When you are injured on a drilling rig, many clever employers place themselves in a position to claim you are technically not their employee, but rather, a contractor. This tactic is supposed to help them avoid responsibility for your drilling rig injury since no Texas employer is liable for their subcontractors or their employees’ injuries. So by claiming this technicality to deny the existence of an employer-employee relationship between you and the company, they then pose the question of why they should be for compensating an injured non-employee?

But most of the time, it’s a ruse. They hire their employees as employees, not as contractors or as temp workers through a third-party. They know that an actual employer-employee relationship exists and the injured worker has the right to obtain compensation against this non-subscriber. They’re just hoping no one will find out a release has been signed by this worker who is unaware of the employer’s subterfuge, then accepts compensation for his injuries that would never fully compensate him. But a skillful, well-seasoned drilling rig accident lawyer can quickly reveal this employer for what he really is, and prove the employer-employee relationship by meeting at least one, and often more, of the following standards of employment:

Social security or taxes have been withheld from your paycheck by the employer.

The essential equipment for the job was supplied to you by the employer.

Your work has been regularly managed, overseen or inspected by your employer.

A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.

Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.

You have been employed for an undetermined period of time and not just for a single job.

You are paid by a salary or an hourly wage and not on a job-by-job basis. oil rig accident lawyers

In cases where a worker is borrowed from another company, or a third-party agency, and then is injured on the job, the rules for determining the working relationship are similar to those above, but there can be some important differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor

Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.

This answer is the same when it comes to tools and equipment. If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.

If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.

If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.

If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee. oilfield

If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.

A thorough investigation of your employer by a skilled drilling accident attorney proves the existence of any one of these standards. By accomplishing this, your employer finally knows he must is liable for all the damages owed to you. And his subterfuge, once it is brought out in the open usually doesn’t sit well with civil trial juries. So many times, this “he was my contractor” house-of-cards defense collapses. Then the employer will probably see reason and settle with you. Whether he does or not depends on the rest of the evidence you present. As you San Antonio drilling accident attorney, we will depose co-workers, review contracts and examine pay stubs to clearly prove establish that you were an employee when you suffered your drilling rig injury.

Massachusetts Police Search For Driver Accused of Hit and Run

Have you or a family member been injured in an auto accident caused by a negligent driver? If so, our law firm’s Boston auto accident personal injury attorneys will make sure that you receive the money damages that you justly deserve. We have an exceptional reputation for client dedication and service and for recovering millions of dollars in personal injury damages for our Massachusetts clients. Call us today to learn about your legal rights and options.

Driving is a privilege, not a right. It comes with an obligation to operate your vehicle in a safe, considerate manner. Otherwise, serious injury or even death may occur. Oftentimes, a negligent driver that causes such injuries will be held financially or criminally liable for that harm. That is precisely what Chelsea, Massachusetts police are trying to do after a local man was found killed by an apparent hit and run.

Authorities found twenty-five-year-old Marco Cruz hit by a vehicle on Washington Ave. last Saturday at around 10 PM. According to boston.com, Cruz was rushed to Massachusetts General Hospital, but died as a result of his injuries. Police are currently investigating the circumstances of the accident and are searching for the driver that fled the scene of the car accident.

When someone decides to drive a motor vehicle in a negligent or reckless fashion, they should be held accountable for any injuries they cause. This may take the form of criminal charges, but this alone does little to compensate a victim monetarily for the injuries they sustained. Often times, the best and only way for a victim or their family to recover money damages for their personal injuries is through a successful civil lawsuit.

If you or a family member have been injured in an auto accident caused by negligence, it is crucial that you actively enforce your claims. Please contact one of our expert personal injury lawyers, including our car accident injury attorney experts, who will work tirelessly on your case.

Firefighter Responds To Car Wreck And Finds His Daughter To Be The Victim

Volunteer firefighter Stephen Whitcomb rushed to the scene of a car crash in Brookline, New Hampshire on Christmas Eve. As he worried whether the female victim would survive, he sadly recognized her as his 30-year-old daughter.

Katie Hamilton, the firefighter’s daughter, was driving to work Christmas Eve morning after dropping her three children off at their grandmother’s house. It was around 9:00 AM when the deadly crash occurred. Hamilton was preparing to take a left turn when a Toyota Tundra pickup truck struck the side of her vehicle, causing her to veer into oncoming traffic where a second pickup truck collided with her vehicle. She was pronounced dead at the scene, just moments before her first-responder father arrived.

According to police, speed nor alcohol seem to be factors in the fatal crash. However, police are investigating whether driver inattentiveness could have caused the wreck.

Car accidents can result in serious personal injuries and sometimes even death that can greatly disrupt the lives of the victim and her family. If you or someone you love has sustained injuries as a result of a Massachusetts car accident you may be entitled to relief. If you would like to discover whether you have a sustainable legal claim for personal injury damages or wrongful death damages.