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Non-Subscriber Lawsuits Can Be a Wild Ride, but Ultimately Deliver the Needed Compensation

You know that generally, half of Texas employers subscribe to workers’ comp. And though we’re not certain, fewer than one-in-two drilling companies, individual “wildcatters,” or pipeline companies likely subscribe to it. Many “petro production” employers live a hand-to-mouth existence. This makes them cheap and they try to cut corners whenever and wherever they can. Workers’ comp insurance, even if it costs less than traditional oilfield liability insurance, is still quite expensive simply because of the inherent dangers involved in petroleum production and pipeline delivery. So many oil and gas drilling employers don’t purchase workers’ comp. And they’ve probably been defendants in a non-subscribing injury claim or civil case. So they know what to expect and how to counter the claims of the workers they hurt. Therefore, if you are to win the compensation you deserve from a non-subscribing employer, the assistance of a skilled oil, gas or pipeline injury attorney to file a lawsuit and aggressively pursue them to pay you that fair compensation is a necessity. More about Oil Field Accident Attorney Laredo here

Usually, the victim, or plaintiff, files a claim against the non-subscribing employer (or third party defendant) that officially notifies them of the injury and the amount of fair restitution the victim expects. Defendants will most often hand the matter over to their insurance company if they have one; or their attorney if they don’t. Often, when that happens the insurer will immediately dispute the plaintiff’s allegations. From this point forward, the value of your Laredo oilfield accident injury lawyer becomes a clear asset to your claim or civil case. After your experienced attorney investigates all aspects of the accident and builds a solid claim, direct negotiations might deliver a fair settlement to pay all your medical bills, your lost income (past, present, and future) pain, suffering and the rest of your legitimate damages. But on the other hand, your oilfield injury case might turn into a full-fledged lawsuit in civil court. As the injured party, you, the plaintiff, holds the burden of proving that the employer’s or third party’s negligence caused the injury which produced the legal damages you rightfully seek.

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

Drilling or pipeline employers who don’t subscribe to workers’ comp insurance rarely pay you without a fight. After all, if they’re so cheap they don’t know what good a deal that workers’ comp is and ignore the bargain. So what makes you think they’ll treat your civil damage suit any differently? Nor is any third party against whom you’ve filed an injury claim liable to behave any differently either. They want to get the most for the least. It’s an oil patch given.

Now some – a lot actually – will have private liability insurance coverage. And those insurers don’t want your employer to pay-up either. Nor does it take a rocket scientist to understand why insurance carriers threaten their policyholders with much higher premiums if they’re thinking about settling with you, which is contrary to the wishes of their insurance company because it’s their money that pays you. Our experience in these matters has told us that most non-subscribers, their insurance companies and attorneys most-often use either of two traditional defenses to avoid paying injured employees the damages restitution they deserve. And sometimes they use both before the trial is over.

The primary non-subscriber liability defense after an oil or gas drilling, or pipeline, the employee suffers an injury is to turn the tables and charge the plaintiff with the sole proximate cause. This means the defendant is claiming that the victim was totally to blame for his or her own injuries. In order to invoke the sole proximate cause defense, these employers, their insurance companies and attorneys can often say and do anything to soil your reputation as a worker (or even as a human being) by claiming you were careless or irresponsible and caused your own injuries. Maybe they’ll accuse you of being drunk on the job, or high on drugs (ironic isn’t it?). And since insurance companies’ attorneys are very good (and very shrewd) when it comes to fighting your claim or civil case, without your own cunning Texas petroleum rig and pipeline injury attorney to turn the tables of liability back on the negligent employer, or third party, and their lawyers, you are in a way, taking a knife to a gunfight.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and the level of compensatory damages you can win from your oilfield injuries, we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.