This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
Fight the Arrogance of Your Opponents in an Oilfield Accident Liability Case
In all non-subscriber and third-party oilfield injury claims, defendants usually have large insurance companies with lots of good attorneys to oppose you. The remainder of those employers will be “self-insured” or uninsured. And all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, pity the poor foolish oilfield worker who makes an injury claim against them alone.
Non-subscriber insurance companies have attorneys either on staff or permanent retainers. They are very good defenders of their clients against oil rig accident claimants like you who try to sue them. Insurance companies are always confrontational under such circumstances. But you can beat them if you have a just cause for claim, solid evidence, and an experienced attorney in your corner who knows every trick they pull, and how to counter it. More on this webpage
But as bad as the insurance companies can be in an oil patch injury claim or lawsuit, self-insured contractors and subcontractors who are liable for your injuries, or those who have no insurance at all, use every trick they can think of once an injured worker takes legal action against them to recover damages. Some of those tricks are obscene and some even cross the legal line.
You will deal directly with an officer if the self-insured drilling or pipeline company is a small one. This person’s salary is derived from company profits. Whatever you’re paid for an injury comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out of his own pocket. A sneaky, self-insured company officer uses any and all means to oppose your claim in order to protect his company’s, and personal, assets.
Self-insured drilling contractors and subcontractors can deliberately dispose of evidence as well bribe or intimidate witnesses, even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court to prevent anyone within the company from behaving inappropriately against our clients. Sometimes these motions include clear demands that they make no attempt to communicate with our clients, or their families, in any way without one of our attorneys present.
Injury Claims on Offshore Drilling Rigs are Different from Texas Worker Injury Laws
The laws that govern work injury cases to those who work on offshore drilling platforms, regardless of whether the rig is a “jack-up” inside US territorial waters or a deepwater platform, are completely different than those governing petroleum drilling on Texas soil.
Most (but not all) platform drilling injury cases will fall under the Jones Act (also known as the Merchant Marine Act of 1920). But other legislation such as the Death on the High Seas Act, an even older Limitations Liability Act of 1855, which was enacted years before the laws that govern today’s insurance companies, might also come into play.
And though the same types of damages available through Texas Civil Law are offered to offshore platform workers through the above-mentioned pieces of maritime legislation, the mechanics of winning compensation for injuries, lost wages, pain, suffering and death benefits are dramatically different because there are many contradictory loopholes through which defendants might be able to use against your claim. The insurance companies who underwrite offshore drilling companies and their attorneys are much more specialized than you would find in a Texas accident injury case. We have much more information on maritime drilling injury accidents and the process of filing and winning a civil suit if you will follow this link. But it’s paramount that if you have been injured in an offshore drilling accident that you contact one of Our Law Firm’s drilling accident attorneys to better understand your injury compensation rights if you have been injured on an offshore drilling platform.
No Matter Who You Sue, You’re In for a Fight
In all oilfield injury suits, defendants usually either have powerful insurance companies with very good legal representation to stand in your way or will be “self-insured” or uninsured. No matter which of these three categories your opponent falls into, they all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, they may have a powerful patron to back them up, if it suits their purposes.
Attorneys are either on staff or permanent retainer to represent non-subscribers insurance companies. They have to be good defenders of their clients or these deep-pocketed insurance companies would never hire them. These attorneys, and their Insurance company clients, often act confrontational, patronizing, and very dismissive towards you. But you can beat them if you have a just cause for a claim, solid evidence to back it up, and a drilling accident lawyer to counter their arrogance and trickery.
But as bad as they are, other opponents can be even worse. They would be the self-insured contractors and subcontractors who are liable for your injuries or those who have no insurance at all. These people, usually the wildcatters and independents, can come up with even worse tricks once an injured worker takes legal action against them to recover damages. Some of their tricks would curl your hair.
You will deal directly with an officer of this self-insured drilling or pipeline company whose salary comes from company profits. So if this person pays your injury claim that money comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out of his own pocket. We’ve seen many sneaky, self-insured company officers use any and all means, legal or otherwise, to oppose your claim while he protects his company’s, and personal, assets.
These people are not above deliberately destroying evidence, bribing or intimidating witnesses, or resorting to physical threats against you, your attorney, or anyone else standing in his way. When we represent a client against a self-insured company, the first thing we often do is to file motions to prevent anyone within the self-insured company from behaving inappropriately against our clients. Sometimes these motions include clear demands that not even communicate with our clients, or their families in any way without one of our attorneys present.
What You Need to Do (and Not Do) Right Now to Win Oilfield Injury Compensation
The most important thing for you to remember right now is this. Before you speak with an insurance company, accept even a single dollar of payment or compensation from your employer, sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Your employer or his insurance company is praying that you’ll accept a substandard settlement and save them money, and a trial. So keep your mouth shut and your eyes wide open. In fact, it’s never a good idea to discuss any details of your injuries or intentions, or anything else about the injury, with your employer, a third party, anyone with the insurance company, or even your co-workers before you speak to an experienced drilling accident lawyer. He’ll tell you to keep on keeping your mouth shut. And it is good advice.
Then, you must realize the critical importance of acting swiftly. In oilfield accident cases, the evidence begins fading almost immediately. Physical evidence can quickly change, or be lost forever. Witness stories change, or they forget what they saw. If you wait too long to hire an attorney and put him to work, you seriously compromise your ability to win the injury damages you and your family deserve.
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
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