What Rights Do Injured Oil Field Workers Have Under Texas Law?

Protecting Injured Workers in the Permian Basin and East Texas Oil Field

Working in the Texas oil fields is demanding, dangerous, and essential, but when injuries happen, many workers and their families aren’t sure where to turn or what rights they actually have. Whether you’re on a rig in the Permian Basin or at a site in the East Texas Oil Field, understanding your legal rights is the first step toward protecting your health, your paycheck, and your future.

At Shaw Cowart LLP, we represent injured oil field workers across Texas. This guide breaks down your legal rights after a serious workplace injury and explains how to get the help and compensation you deserve.

Common Oil Field Injuries in Texas

Before diving into your legal rights, it’s important to understand just how serious oil field accidents can be. Catastrophic injuries happen frequently in high-risk areas like:

• The Permian Basin (including Midland, Odessa, Andrews, and Monahans)
• The East Texas Oil Field (including Tyler, Kilgore, and Longview)

Common accidents include:

• Well blowouts and rig explosions
• Falls from derricks or platforms
• Burns from fires or chemical exposure
• Crush injuries from heavy machinery
• Head trauma and spinal cord injuries
• Exposure to toxic substances like hydrogen sulfide (H2S)

These injuries can result in permanent disability, loss of income, and enormous medical bills — which is why it’s so important to know your rights.

Right #1: Medical Treatment and Workers’ Compensation (If Available)

Not all Texas oil field employers carry workers’ compensation insurance, but if yours does, you have the right to:

• Receive medical treatment for your injury
• Have those medical expenses covered
• Get partial wage replacement if you can’t work
• Pursue long-term disability or impairment benefits
• Appeal a denied claim through the Texas Division of Workers’ Compensation (DWC)

Important: Texas law allows employers to opt out of the workers’ comp system. If your employer is a non-subscriber, your rights may actually be broader — including the right to sue for negligence.

Right #2: File a Personal Injury Lawsuit Against Negligent Parties

Even if you have workers’ compensation, you may still have the right to file a third-party personal injury claim against:

• Equipment manufacturers (if defective equipment caused the injury)
• Subcontractors or service companies (for negligence or safety violations)
• Property owners (in cases of unsafe work environments)
• Trucking companies (if a commercial vehicle was involved in your injury)

These lawsuits can allow you to recover full damages, including:

• All medical expenses (past and future)
• Full lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages in cases of extreme negligence

Example: If you were injured in a blowout in the Permian Basin because a valve failed, and that valve was known to be defective, you may be able to sue the manufacturer in addition to filing a comp claim.

Right #3: Refuse Unsafe Work and Report Violations

Texas law gives you the right to refuse work that poses an imminent danger to your health or safety. Additionally, you can file complaints with regulatory agencies like:

• OSHA (Occupational Safety and Health Administration)
• Texas Railroad Commission (which regulates oil and gas safety)
• Texas Department of Insurance, Division of Workers’ Compensation (DWC)

You have the right to report violations anonymously and without fear of retaliation.

Right #4: Protection from Employer Retaliation

It is illegal for your employer to retaliate against you for:

• Reporting an injury
• Filing a workers’ compensation claim
• Reporting unsafe work conditions
• Participating in a legal investigation or lawsuit

Retaliation can include firing, demotion, wage cuts, or blacklisting. If this happens, you may be able to sue for wrongful termination or retaliation damages.

What If Your Employer Doesn’t Offer Workers’ Compensation?

Texas is the only state that allows employers to opt out of the workers’ compensation system. These employers are called non-subscribers, and if you’re hurt working for one, you can sue them directly for negligence, and they can’t blame you even if you were partially at fault, unless you were 100% responsible.

Injured while working for a non-subscriber? You may be entitled to:

• Full medical cost reimbursement
• Full lost wages and future income
• Pain, suffering, and emotional distress
• Punitive damages for reckless conduct

This is especially common in smaller East Texas operations and subcontractors in the Permian Basin.

Don’t Sign Anything Before You Speak to a Lawyer

Many oil companies and their insurers will rush to settle your injury claim — sometimes even before you’ve seen a doctor. These early offers are usually far less than you deserve and may even waive your rights to future compensation.

Before signing any paperwork or accepting a settlement, talk to a lawyer who understands the oil and gas industry.

Shaw Cowart LLP – Standing Up for Injured Oil Field Workers Across Texas

At Shaw Cowart LLP, we have deep experience representing injured workers from the oil fields of Midland, Odessa, Tyler, Kilgore, and beyond. We know how oilfield operations work, how safety gets overlooked, and how corporate players try to shift blame. Most importantly, we know how to win.

We offer:

• Free, confidential case reviews
• No upfront costs — you don’t pay unless we win
• Aggressive representation for maximum compensation
• Clear, honest communication every step of the way

Speak With an Oilfield Injury Lawyer Today

If you or your loved one was seriously injured while working in the Texas oil fields, you’re not alone — and you don’t have to face the legal system without help.

Call Shaw Cowart LLP at 512-842-7085
Or Fill out our free consultation form

We proudly fight for the workers who fuel Texas.

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FAQs: Oil Field Workers’ Rights in Texas

Can I sue my employer directly?
Only if your employer is a non-subscriber to Texas workers’ comp. Otherwise, your path may be through workers’ compensation or a third-party claim.

How long do I have to file a claim?
In most cases, the statute of limitations for personal injury in Texas is two years from the date of the accident. But don’t wait — early investigation is critical.

Do undocumented workers have rights in Texas?
Yes. You still have legal rights to injury compensation, regardless of your immigration status.

Will reporting my injury cost me my job?
It is illegal for an employer to retaliate against you for reporting a workplace injury or filing a claim.

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