Working in the oil and gas industry is inherently dangerous, and accidents can happen even when safety protocols are followed. However, when an employer’s negligence or failure to maintain a safe work environment leads to an oilfield accident, injured workers have the right to seek compensation for their losses.
If you’ve been injured in an oilfield accident in North Dakota, understanding how to prove employer liability is critical to the success of your case. Below are key elements of establishing employer responsibility and more information on how a skilled North Dakota oilfield accident attorney can help you fight for the compensation you deserve.
Duty of Care
The first step in proving employer liability is establishing that your employer owed you a duty of care. In the context of an oilfield accident, this means that your employer had a legal obligation to provide a reasonably safe work environment and to follow industry regulations and safety standards. This duty of care extends to all aspects of the job, including providing proper training, maintaining equipment, and ensuring that safety protocols are followed.
Breach of Duty
Once you’ve established that your employer owed you a duty of care, you must demonstrate that they breached this duty. A breach of duty occurs when an employer fails to act in a manner that a reasonable employer would under similar circumstances. Examples of breaches of duty in an oilfield accident case may include:
- Failing to provide adequate safety training
- Not maintaining or repairing equipment properly
- Ignoring or encouraging unsafe work practices
- Failing to provide necessary safety gear
- Not addressing known hazards in a timely manner
To prove a breach of duty, you’ll need to gather evidence such as safety records, maintenance logs, witness statements, and expert testimony.
Causation
The next element in proving employer liability is causation. You must show that your employer’s breach of duty directly caused your injuries. In other words, you need to establish a clear link between your employer’s negligent actions or inaction and the harm you suffered.
Causation can be challenging to prove, particularly in cases where multiple factors may have contributed to the accident. An experienced oilfield accident lawyer can help you build a strong case by investigating the accident, gathering evidence, and consulting with experts who can testify to the cause of your injuries.
Damages
Finally, to hold your employer liable for your oilfield accident, you must have suffered losses as a result of their negligence. Losses can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability or disfigurement
- Loss of earning capacity
Documenting your losses is essential to the success of your case. Keep detailed records of your medical treatment, lost income, and any other expenses related to your injury. Your North Dakota oilfield accident attorney can help you calculate the full extent of your losses and fight for the compensation you deserve.
The Role of an Oilfield Accident Lawyer
Proving employer liability in an oilfield accident case can be a complex and challenging process. Employers and their insurance companies will often go to great lengths to deny responsibility and minimize payouts to injured workers. That’s why it’s crucial to have a skilled North Dakota oilfield accident attorney on your side.
At Pringle & Herigstad, P.C., our experienced oilfield accident lawyers have been fighting for the rights of injured workers for over a century. We understand the unique challenges of these cases and have the knowledge, resources, and tenacity to take on even the most formidable opponents.
If you’ve been injured in an oilfield accident in North Dakota, don’t hesitate to seek the legal help you need. Contact Pringle & Herigstad today at (701) 775-9000 for a free consultation with one of our skilled oilfield accident lawyers. Let us fight for the justice and compensation you deserve.
