Whether one act or another applies is dependent upon the rig worker's situation. Is the rig worker more than 3 miles, or 12 miles offshore? Is the worker on a U.S. made vessel? Could the rig worker be considered a "seaman" at the time of his or her injury?
The Jones Act provides protection for workers who spend the majority of their time at sea. Under the Jones Act, injured workers are entitled to maintenance and cure. Maintenance is considered the money that is required to supply room and board to the worker on the same basis as that was generally provided on board the vessel.
The Oil Pollution Act of 1990 governs the process of compensation for injuries sustained by a spill or other refinery or rig catastrophe. Furthermore, those injured during the clean-up process after the catastrophic event may also seek workers' compensation awards as a result of the clean-up process.
Enjuris Tip: Enjuris offers a post-accident pain journal that can help you document your injuries and treatment plan, which can be helpful in a workers' compensation or insurance case.
Injuries and fatalities in Texas offshore drilling work
The Centers for Disease Control (CDC) analyzed data from the Bureau of Labor Statistics (BLS) and found 128 fatalities in activities related to offshore oil and gas operations occurred from 2003-2010.
Transportation events were the leading cause of deaths in offshore drilling at 51%, and most of those involved aircrafts. Nearly 24% of the fatalities occurred among workers whose occupations were classified as "transportation and material moving."
Transportation events were the leading cause of deaths in offshore drilling at 51 percent.
Careless and reckless actions by employers and coworkers, misuse of equipment, failing to provide proper training and delaying the repair of defective equipment are just a few of the common reasons why injuries on the job occur.
Another FuelFix article notes that some oil companies are trying to ensure that workers get enough sleep by providing higher quality mattresses. Better rested employees are less likely to make errors that can cause injury, according to the article.
Oil and gas workers often face prolonged exposure to dangerous chemicals and other substances through breathing, ingestion or physical contact. Such life-altering conditions as leukemia, cancer, paralysis and chemical burns have been associated with continued exposure to dangerous chemicals on oil rig sites.
Using machines to drill for oil and gas can be a dangerous venture. Workers might be required to operate such equipment as a traveling derrick, heavy lifts, spinning chain, hoists and drills. The machines could be utilized in unguarded areas, or safety measures might be skipped, increasing the potential risk factors for injury.
Falls are one of the most common types of workplace injuries. BLS reports that 274,120 non-fatal cases involving falls occurred in 2014. During the same year, 800 deaths were attributed to this reason.
Falls are more common in the oil and gas industries because employees work on elevated platforms.
Some of the leading causes of such falls include harness failure or improper rigging methods, slipping over chemicals or tools, and being struck by tools and equipment.
Explosions and fires
Federal labor statistics have found that the oil and gas industry accounts for more deaths caused by explosions and fires than in any other private industry. This is likely due to the highly combustible chemicals and gas that are present on oil and gas rigs.
Confined spaces also create a dangerous situation for many gas and oil line workers, including offshore workers. Working in confined spaces subjects workers to the risks of flammable vapors, chemical hazards and lack of oxygen.
Types of injuries
Oil and gas rig injuries are likely to be more severe than in other industries and often take much longer to recover from. Types of injuries include:
Brain injuries – Falls can result in injuries to the head, brain and spinal cord, possibly causing permanent damage and paralysis. Falling equipment and chemical exposure can also result in these injuries.
Respiratory problems – Breathing in dangerous substances can have a long-term impact on health.
Amputations – Using heavy machinery and tools can result in amputations if these objects are dropped or crush a person.
Burns – Accidents involving chemicals and steam, fires and explosions can be cause very serious and severe pain and suffering for the victim.
Oil and gas rig injuries are likely to be more severe than in other industries.
If you have been injured in a workplace accident in the Texas oil industry, you do have options available to get financial support. You may be eligible for workers' compensation, which would cover your medical costs but not pain and suffering. You may then consider hiring an attorney to pursue your legal options under a personal injury claim.