Houston Oil Rig Explosion Lawyer

If you have been injured, call our office to speak with a Houston oil rig explosion lawyer about your case. It is important that you do so immediately so we can provide you with assistance and begin to gather any necessary evidence while it is still available.

Dangers of Working in the Oil and Gas Industry

According to the Bureau of Labor Statistics, the oil and gas industry is classified as mining because the industry extracts natural resources from the earth. As such, it is a dangerous and volatile industry to work in. If you have been injured in an explosion or other accident, we can assist you in making sure that your rights are protected. As it stands, you would not be alone if you were injured in a fire or explosion.

According to the Bureau of Labor Statistics, this is the third most common reason for fatalities suffered in the oil and gas industry. If you work in the oil and gas industry in Texas, you are working in the state with the most fatalities in the entire country.

The Severity and Frequency of Injuries Is Increased

If you are injured while working in the oil and gas industry, the chance of your injury being serious is much higher than in other professions. For example, the average days missed from work after a workplace injury is seven. This is across the board in all industries. However, in the oil and gas industry, workers who become injured tend to miss at least thirty days from work. This is a striking difference, and one that highlights the true risk associated with working in this industry. If you have been the victim of an explosion, call and schedule a consultation with our law firm today.

According to National Public Radio (NPR), the propensity for oil and gas workers to become injured is only increasing. They reported that in 2009, there was a 100 percent increase in oil and gas workers killed while performing their job duties. This is in part due to the increase in sheer volume of the oil and gas industry. However, it also indicates some serious safety concerns that need to be addressed. To confirm this, the Bureau of Labor Statistics put out information demonstrating that workers in the oil and gas industry have a fatality rate that is eight times higher than in other industries.

A Houston Oil Rig Explosion Lawyer: What You Are Entitled to

When you come in for a consultation, we will discuss your case in detail and may make recommendations regarding what we feel the value of your case is. This, however, is highly speculative because it will be up to a jury to determine what your actual award is. In general, you should be entitled to the following:

• Maintenance
• Cure
• Lost wages
• Money for pain and suffering
• Vocational rehabilitation
• Therapy
• And more.

You Are Entitled to Cure, Regardless of Fault

There is no need to prove fault when seeking cure. Your employer has a duty to provide for your medical care after an accident. As a seaman, you will receive this benefit regardless of whether you were at fault for the actual accident. This is unique to the industry, and if all your medical expenses are not being paid for, you should speak with an attorney right away.

Daily Maintenance

In addition to receiving cure for all your medical bills, you are also entitled to receive maintenance. Maintenance is what an employer will provide you in lieu of room and board, as that’s what you would be receiving if you were to remain aboard a vessel. The amount of maintenance that you will receive is a range of anywhere from eight dollars per day all the way up to thirty-five dollars per day.

As an attorney, we can help make sure that you receive the level of maintenance you are entitled to. Generally speaking, the payments for maintenance should begin right away, regardless of what happens with your Jones Act case. This is because you are entitled to maintenance and cure regardless of fault.

A Houston Oil Rig Explosion Lawyer Can Determine How to File Your Case

In the maritime industry, there are two main laws governing what happens to employees injured on the job. These are the Jones Act and the Longshore and Harbor Workers Compensation Act (LHWCA). The Jones Act is specifically designed to protect seaman, while the LHWCA protects general maritime workers. To file under the Jones Act, you need to be a seaman employed on a vessel in navigable waters.

What Is a “Vessel?”

A vessel must be used for transportation or be able to transport. In order to be considered a vessel, it cannot be fixed in place because it must be able to sail in navigable waters. There are certain vessels that very clearly fit this definition, such as a tugboat, supply ship, barge, drillship, fishing fleet, and many others. However, in the oil and gas industry, things tend to not be as cut and dry. If you were injured on an oil rig, you may still be able to file under the Jones Act. If not, we can make a recommendation as to an alternative course of action.

The Connection Between Negligence and Compensation as Explained by a Houston Oil Rig Explosion Lawyer

In order to receive any compensation for your injuries, someone else must be more at fault than you for the accident itself. You can each bear a portion of the responsibility, so long as you have a minority of the fault assigned to you.

Understanding Comparative Negligence

As national maritime lawyers, when we speak with clients, we stress the importance of understanding comparative negligence and how it applies to the Jones Act. While it is always a possibility for you to represent yourself in an injury claim, it is unwise for you to do so because of the need to prove negligence. Under the Jones Act, you must prove that someone other than yourself was to blame for the majority of your accident.

If you are found to be responsible for the majority percentage, you will not receive anything. However, so long as someone other than yourself is proven to be 51 percent or more at fault, you can still receive compensation. When it comes time to distribute a settlement, the amount of negligence you are determined to have will be applied against your total award.

For example, if a jury determines that your case has a value of $100,000 and you are found to be 20 percent at fault, you will only receive $80,000. Keeping your percentage of negligence low is one of the ways we maximize your compensation.

File Before the Statute of Limitations Is Reached

It is important for you to know that there is a statute of limitations that governs how long you have to file a claim or a lawsuit after being injured. If you are filing a case under the Jones Act and maritime law, you have three years from the time of your injury to file suit. However, as experienced attorneys, we know how fast this can go by, especially if you are continuing to receive medical care, physical therapy, or have started searching for a new profession. This is why we encourage you to call our office and schedule a consultation as soon as possible. Even if you are not ready to settle your case, having everything ready to go will ensure that you do not miss your opportunity to do so.

Speak with a Houston Oil Rig Explosion Lawyer Today

We can ensure that your rights are protected, that you are treated fairly, and that you receive the compensation you deserve for your injuries. To schedule a consultation with an attorney at Zehl & Associates, call 1-888-302-3838.