Workers’ compensation benefits can help an injured oilfield worker cover medical bills and replace lost wages — but those benefits are not always enough to cover the full cost of a serious injury, and some workers find they have no comp coverage at all. The good news is that workers’ compensation is often not the only path to recovery.
How Louisiana’s workers’ comp system works
Louisiana’s workers’ compensation system is a trade-off: it pays benefits regardless of fault, and in exchange it generally shields employers from personal injury lawsuits. Under most circumstances, an injured worker cannot sue an employer for a workplace accident.
There are key exceptions that let an employee go beyond workers’ compensation and pursue a claim against the employer directly:
- The employer did not carry workers’ compensation insurance as required by law.
- The injury resulted from gross negligence or intentional misconduct by the employer.
The main practical difference is the damages available. A workers’ comp claim pays medical expenses and partial lost wages. A personal injury claim can recover both economic and non-economic damages — including pain and suffering — when negligence can be proven.
Filing a third-party claim for an oilfield injury
Beyond workers’ compensation and a possible claim against your employer, you may also be able to file a third-party claim against a different negligent party. An injury lawyer can determine whether any of these parties bear responsibility for the accident:
- Parts or equipment manufacturers
- Oil rig owners
- Trucking companies
- Shipping companies
- Landowners
A third-party claim is separate from the workers’ compensation system, so it does not depend on the comp bar against suing your employer — and it opens the door to the full measure of damages.
Why these cases need careful handling
Every oilfield accident is different, and these cases tend to be more complex than a typical workplace injury — they can layer a workers’ compensation claim, a possible employer claim, and one or more third-party claims on top of each other. Sorting out which parties are liable, and which avenue of recovery applies, takes a careful look at the facts.
If you were hurt on an oilfield site, a Louisiana injury lawyer can review your case, identify every party who may be responsible, and lay out the options for recovering beyond workers’ compensation alone.