Workplaces in the oil and gas industry are some of the most dangerous environments. With massive equipment, hazardous chemicals, and intense physical demands, accidents can occur in an instant, leaving devastating injuries in their wake. One of the most catastrophic injuries you can sustain in this field is a crushing injury, often seen in oil tank accidents.
If you’ve experienced a crushing injury in an oil tank incident in San Antonio, TX, you may feel lost about your options.
What Are Crushing Injuries?
Crushing injuries happen when a body part is caught, pinched, or compressed between two objects, applying immense pressure to the area. These injuries can be life-threatening and lead to long-term health challenges. Some common effects of crushing injuries include:
Fractured Bones
Bones may shatter under pressure, requiring complex surgeries and extended recovery periods.
Severe Tissue Damage
Muscles, nerves, and blood vessels can sustain permanent damage, potentially impairing movement and sensation.
Compartment Syndrome
This occurs when increased pressure within a muscle group restricts blood flow, leading to tissue death if not treated promptly.
Internal Organ Damage
Depending on the location of the injury, internal organs can be crushed or impaired, threatening immediate survival and long-term health.
Crushing injuries are more than physical; they can deeply impact a person’s emotional and financial well-being. Medical treatment, lost income, and ongoing therapy can weigh heavily on victims and their families.
How Do Crushing Injuries Happen in Oil Tank Accidents?
Accidents in the oil and gas sector are often severe due to the dangerous combination of large machinery and hazardous working conditions. Crushing injuries in oil tank incidents usually occur in the following ways:
1. Falling Equipment
Heavy machinery, tools, or even oil tanks themselves can topple, pinning workers underneath or between objects.
2. Structural Failures
Improper maintenance or design flaws in tanks, platforms, or support structures can lead to collapses, trapping workers.
3. Caught-In/Between Accidents
Workers may find themselves caught between forklifts, machinery, or parts of an oil tank while performing maintenance or inspections.
4. Explosions or Collapses
Oil tanks store highly flammable materials. Ignitions can lead to explosions, causing debris to fall and crush workers nearby.
5. Poor Safety Protocols
Lax adherence to safety guidelines, lack of proper training, or failure to provide appropriate protective equipment can cause preventable accidents.
Each accident is unique, but they are entirely avoidable in many cases. Victims often discover that negligence by another party contributed to the conditions that caused their injuries.
Third-Party Liability in Oil Tank Accidents
The concept of third-party liability is integral to understanding who can be held accountable in oil tank accidents. While workers’ compensation typically covers injuries suffered on the job, a third-party liability claim aims to hold other entities (besides your employer) accountable for their role in your accident. But who exactly qualifies as a "third party"? Here are some examples:
1. Equipment Manufacturers
The manufacturer could be liable for producing unsafe products if a crushing injury resulted from defective machinery or faulty equipment.
2. Contractors and Subcontractors
Oilfield operations often involve multiple companies working on-site. Contractors or subcontractors who act negligently or fail to uphold safety standards may bear responsibility.
3. Property Owners
Property owners might be held accountable if they failed to provide a safe work environment or address known hazards.
4. Suppliers or Vendors
Sometimes, defective materials or tools provided by third-party vendors can cause accidents, opening the door for liability claims.
5. Maintenance Crews
When equipment failure is rooted in shoddy maintenance or inspection practices by an external company, they, too, can be considered liable.
By pursuing third-party liability, victims may secure compensation that extends beyond what workers’ compensation benefits offer, covering lost wages, medical costs, and pain and suffering.
Why You Need a Personal Injury Attorney
Navigating the legal complexities of a third-party liability claim while recovering from a crushing injury can feel overwhelming. This is where an experienced personal injury attorney comes in. They can help you every step of the way by:
1. Investigating Your Case
Determining the underlying cause of an oil tank accident often requires a thorough investigation. Your attorney will gather crucial evidence, hire experts to evaluate machinery failures, and consult safety records to establish fault.
2. Identifying Responsible Parties
Oilfield operations involve numerous stakeholders. An attorney will work to identify all parties who may be held accountable, ensuring no liable entity is overlooked.
3. Building a Strong Compensation Claim
Your attorney will calculate the full scope of damages you’ve endured—from medical expenses and lost wages to emotional trauma and future care needs. They’ll use this to strengthen your claim.
4. Negotiating with Insurance Companies
Insurance companies often undervalue claims, offering settlements that don’t reflect your true losses. An attorney will negotiate on your behalf to ensure you receive a fair offer.
5. Fighting for You in Court
If a settlement cannot be reached, your attorney will represent you in court, advocating for the justice and compensation you deserve.
Without knowledgeable legal support, it can be challenging to build a compelling case, especially against large oilfield companies or manufacturers.
How To Protect Your Rights After a Crushing Injury
The choices you make immediately after sustaining a crushing injury can significantly impact your ability to pursue compensation. Here are a few critical steps:
Seek Immediate Medical Attention
Crushing injuries often cause severe trauma requiring prompt medical care. Keep detailed records of your diagnoses, surgeries, and treatments.
Report the Incident Notify your supervisor or employer right away and ensure the accident is documented.
Preserve Evidence
Take photos of the accident scene, your injuries, and any equipment involved. Collect witness statements and contact information.
Avoid Signing Anything Without Legal Advice
Insurance companies or employers may pressure you to sign settlement agreements that limit your ability to recover full compensation. Always consult your attorney before agreeing to anything.
Contact a Personal Injury Attorney
The sooner you connect with a lawyer, the better they can assist you in building your case and protecting your rights.
Construction Accident & Injury Lawyers in Texas
In the face of crushing injuries, navigating the path toward recovery and justice can be challenging. Kemmy Law Firm, P.C., based in San Antonio, TX, is dedicated to assisting clients throughout this difficult process. Our seasoned legal team is ready to offer expert guidance and advocacy for those seeking compensation and accountability through third-party liability claims. If you or a loved one are affected by such unfortunate incidents, contact Kemmy Law Firm, P.C. today for support tailored to your unique situation. Our commitment is to ensure your rights are upheld, providing you with comprehensive legal representation in your pursuit of justice and recovery. Contact us today at (830) 264-6297 to get started.
