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February 13, 2018

What if my employer doesn't carry worker's compensation?

Oil field accident victims living with catastrophic injuries can be devastated to discover their employer doesn't carry worker's compensation insurance.

While most states require employers to have worker's compensation coverage for their employees, some states—like Texas—allow employers to opt out as “non-subscribers.”
However, this doesn't mean injured oil field workers with non-subscriber employers are without legal recourse. If the accident and injuries were caused by negligence on the part of the employer or a fellow oil field worker, the victim can file a personal injury lawsuit in civil court to pursue compensation from the employer directly.

There are both benefits and drawbacks to this situation. While a personal injury claim allows oil field accident victims to seek compensation for a broader range of damages, they'll have to provide evidence to prove their claims of negligence in the workplace.

In some cases, this can be as easy as demonstrating that the employer in question failed to provide a safe workplace, adequate training and supervision, and the tools and equipment necessary to perform the job safely.

Compensation available through worker's compensation is limited to medical expenses and disability payments while the victim is unemployed due to injuries sustained in the workplace. In contrast, potential damages in personal injury cases can include medical expenses, lost wages, loss of earning capability, pain and suffering, mental anguish, disfigurement, permanent disability, and other damages.

Alternatively, some injured oil field workers may be able to take advantage of state programs that provide funds to cover some of the medical bills of people who were injured while working for a non-subscriber employer.

Were You Injured in an Oil Field Accident?

If you were injured while working in the oil field due to an accident caused by another person's negligence, McGartland Law's experienced legal team can help you fight for the compensation you deserve. Contact McGartland Law today to request a free initial review of your oil field accident case.

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