Workers’ Compensation vs. Personal Injury Claims in Oil Field Accidents

Oil field work is challenging, risky, and demanding. Oil field workers face extreme weather conditions, dangerous machinery, and the potential for devastating accidents. If you’ve been injured in an oil field accident, you might be wondering about your legal options. Should you file a workers’ compensation claim, pursue a personal injury lawsuit, or both? It’s important to understand your rights and options.

Workers’ compensation versus personal injury claims

If you’re injured on the job, workers’ compensation is often the first route people think about. The North Dakota Workforce Safety & Insurance is the “sole provider and administrator of workers’ compensation in North Dakota.” Through that no-fault, employer-funded system, workers may recover benefits quickly without the need to prove who was responsible for the accident.

However, in some cases, workers may have the option to pursue a personal injury lawsuit, especially if a third party is responsible for their injuries.

Here’s the most important difference. Workers’ compensation typically covers injuries regardless of fault but limits the type of compensation you can receive. On the other hand, personal injury claims require you to prove negligence but can result in higher compensation, including your pain and suffering.

What is workers’ compensation?

Workers’ compensation can be thought of as a safety net for employees injured while performing their job duties. If you qualify for workers’ comp, your employer’s insurance will typically cover things like:

• Doctor visits, surgeries, hospital stays, and other treatments related to your injuries.
• A portion of your lost income while you recover.
• Compensation for permanent or temporary disabilities.

Workers’ comp has a variety of benefits, including the fact that you don’t have to prove anyone was at fault for the accident. Payments are also often quicker than personal injury settlements. Coverage includes medical expenses and some lost wages.

However, workers’ comp has its challenges as well. For example, workers’ comp doesn’t cover things like non-economic damages, like pain and suffering. The benefits are often limited, and you might not receive full compensation for lost wages. And, in most cases, you cannot sue your employer for additional compensation.

When can I file a personal injury claim for an oil field accident?

If your oil field accident and injuries were caused by someone other than your employer – like a contractor, equipment manufacturer, or another third party – you likely have the option to file a personal injury claim. These types of lawsuits hold third parties accountable for their negligence and allow you to seek compensation for damages that workers’ comp doesn’t cover.

What are examples of third-party claims in Minot oil field accidents?

Some examples of third-party claims include:

• If faulty machinery or tools caused your injuries, the manufacturer might be held liable.
• If an on-site contractor failed to follow safety protocols and caused your injury, you may be able to sue them.
• If you were hurt in a vehicle accident involving a third party while you were working, you may also have a case.

What are the benefits and challenges of personal injury claims?

The benefits and challenges of personal injury claims are varied. For example, you can recover compensation for pain and suffering, emotional distress, and other non-economic damages. You could recover the full amount of your losses, as there is no cap on damages. Finally, a personal injury claim holds third parties accountable, which could lead to safer practices in the future.

Challenges include that you must prove negligence, which can be complicated and time-consuming. Further, cases can take months or even years to resolve. Also, legal fees and costs might be higher than a workers’ comp claim.

Can I pursue both a personal injury claim and a workers’ compensation claim in Minot?

If you’re an injured oil field worker, you may be eligible for both workers’ compensation and a personal injury lawsuit. For example, if your employer provides workers’ comp benefits but your injury was caused by defective equipment, you could likely file a workers’ comp claim and a third-party personal injury claim simultaneously.

However, you must understand how these claims interact with each other. Workers’ compensation insurers often have a right to reimbursement from your personal injury settlement. This process is called subrogation and ensures the insurance company recovers what they’ve already paid on your behalf.

Here’s an example. Imagine you’re working on an oil rig, and a piece of heavy machinery malfunctions, crushing your hand. If your employer provides workers’ comp, you could receive immediate benefits for your medical bills and partial wage replacement.

However, let’s say the machinery malfunctioned because of a design flaw. In this case, you could also pursue a personal injury claim against the manufacturer of the equipment. This type of claim allows you to seek damages for pain and suffering, emotional distress, and the full extent of your lost wages.

When might a personal injury claim be the better route?

Although workers’ compensation can help injured Minot oil field workers cover immediate expenses, it can fall short of providing you with full and fair compensation. This is where a personal injury claim comes in. Your personal injury claim allows you to pursue a broader range of damages and ensure that negligent third parties are held accountable.

At Larson Law Injury & Accident Lawyers, we focus on helping injured workers pursue these third-party claims. While we don’t handle workers’ comp directly, we do work closely with our clients to identify all potential sources of compensation beyond what workers’ compensation offers.

What is the value of my Minot personal injury case?

When you and your lawyer file a personal injury lawsuit, you have the right to seek compensation for:

• All medical expenses, including future medical care.
• Lost wages and full reimbursement for the time you missed from work.
• If your injury prevents you from returning to work or reduces your ability to earn a living, you can claim loss of earning capacity.
• Pain and suffering, which is compensation for the physical and emotional toll of your injuries.

How can your personal injury lawyers help with my case?

It can be overwhelming to deal with the legal system, especially when you’re trying to recover from a serious injury. That’s where the attorneys at Larson Law Injury & Accident Lawyers come in. We can help you:

• Investigate the cause of your accident
• Identify all liable parties
• Build a strong case that proves negligence
• Negotiate with insurance companies
• If necessary, represent you in court

If you’ve been injured in an oil field accident and believe a third party may be responsible, don’t wait to seek legal help. The Minot personal injury lawyers at Larson Law Injury & Accident Lawyers are here to evaluate your case, explain your options, and fight for the compensation you deserve. Whether it’s a defective piece of equipment, a negligent contractor, or another party’s mistake, you shouldn’t have to bear the burden alone. Call our Minot oil field accident attorneys now or fill out our contact form to schedule a free consultation in Fargo, Minot, or Bismarck.