If you or a loved one works in the Texas oil industry, you may be concerned about the symptoms and effects of chemical exposure.
If you suddenly find yourself sick or experience adverse effects attributed to your job, you may be wondering about your options for a chemical exposure lawsuit.
These cases are often complicated and complex for several reasons, including proving the connection between your symptoms and the exposure, identifying the liable parties, and determining whether you might be bound to workers’ compensation benefits or a civil lawsuit.
At Tawney, Acosta & Chaparro P.C., we are experienced Texas chemical exposure attorneys committed to seeing our clients receive the compensation they deserve.
Chemical Exposure Symptoms
As with any illness or injury, the symptoms individuals may experience can vary drastically. Even individuals exposed to the same chemicals in the same location may experience different symptoms.
Chemical exposure in the Texas oil industry is no different. Workers who have been exposed to a variety of dangerous chemicals can experience minor to severe symptoms and adverse effects.
Many chemical exposure symptoms may develop immediately or shortly after exposure; others manifest and do not present themselves until much later.
Common early on-set symptoms can include:
- Dizziness,
- Confusion,
- Drowsiness,
- A feeling of drunkenness,
- Light-headedness,
- Headaches,
- Irritated eyes and nose,
- Throat irritation,
- Cracked or dry skin,
- Rapid or irregular heartbeat,
- Tremors, and
- Unconsciousness.
Sometimes, these symptoms will worsen once you have removed yourself from the exposure. Other times, they can linger and even never fully resolve.
The chemical exposure you might experience in an oil field can, and often does, cause long-term symptoms and health issues. Repeated exposure can lead to many health issues, illness, and even death.
Long-term Effects of Chemical Exposure
While short-term acute symptoms from chemical exposure in an oil field can be severe and life-altering, the long-term consequences can be catastrophic.
In cases of long-term repeated exposure, workers can experience:
- Chemical burns;
- Brain damage and neurological issues;
- Asthma and other chronic respiratory illnesses;
- Lung damage;
- Skin disorder;
- Damage to the nervous system;
- Organ damage, including kidney, liver, and lung damage;
- Infertility;
- Birth defects; and
- Anxiety and mental health issues.
In the most severe cases, exposure can lead to cancer or even death.
Oil Field Chemical Exposure
The oil industry and work in an oilfield can be hazardous. Dangerous chemicals are present during extraction, transportation, and oil processing. Some of the most dangerous chemicals on an oil field include:
- Petroleum gasses,
- Hydrogen sulfide,
- Diesel exhaust, and
- Mercury vapor.
Your employer must minimize exposure risks, including providing proper training and equipment.
The worksite should follow standard operating procedures that consider these hazards to provide you with a safe workplace. If your employer fails to meet these requirements, you have legal options.
Can I Sue My Employer for Chemical Exposure?
If you are exposed to chemicals while working in the oil field and are harmed, you might wonder if you can sue your employer.
Generally, you are limited to seeking workers’ compensation benefits if you suffer an injury or illness due to your job. However, Texas employers are not required to carry workers’ compensation insurance.
- If your employer has workers’ compensation insurance, you are generally limited to seeking those benefits and cannot directly sue your employer.
- If your Texas employer does not maintain workers’ compensation insurance, you may be able to pursue a lawsuit against them directly for damages. In this case, you will have to prove your employer was negligent and, as a result, caused your injury. Further, you may be barred from recovery if your negligence contributed to more than 50% of the cause of the accident or injury.
Third-Party Lawsuit
If a third party is responsible for your oilfield accident or injury, you may be able to pursue a lawsuit against them, even if you do collect workers’ compensation benefits. Examples of third parties that might be liable for your injury include:
- Contractors and subcontractors,
- Landowners,
- Oil rig owners
- Manufacturers, and
- Trucking and shipping companies.
It is essential to consult an experienced attorney because oilfield chemical exposure claims are complex, and it can be challenging to determine who the liable parties are.
An attorney can assess your case and determine who may be responsible and how to pursue compensation for your injury.
Act Quickly
If you think you are suffering from a chemical exposure injury, it is imperative to act quickly. Depending on the type of claim and parties involved, you may have less time to file than you think.
For instance, if you are pursuing a personal injury lawsuit, you generally only have two years from the date of injury to file your claim, and this timeframe can be significantly shorter depending on who the defendant is (e.g., a government entity).
Liability for Chemical Exposure
Employers are required to provide protective equipment and measures to keep their employees safe. Hazardous chemicals are any substance in the workplace that can cause harm if exposed. These include oil, gasses, fumes, and more.
The Occupational Safety and Health Administration (OSHA) and other federal and state agencies and laws require employers to adhere to specific industry health and safety standards.
There are certain limits of exposure in which a worker can legally be exposed in a given timeframe and specific safety protocols to be followed for protective equipment. The exposure levels typically vary depending on the toxic substance.
Employers, manufacturers, and any entities involved in the oil industry are responsible for protecting the safety of their employees in the workplace. They are also required to remediate any deficient safety protocols.
Potential Damages
If you can pursue a lawsuit against your employer or third party successfully, you may be able to seek significant damages. You can seek compensation for both economic and non-economic damages, including:
- Medical bills, including anticipated future medical costs;
- Reimbursement for any expenses related to injuries that were paid out of pocket;
- Lost wages and lost ability to earn a living;
- Past and future pain and suffering; and
- Loss of enjoyment of life.
The amount of compensable damages will depend on the circumstances of the case. By consulting a seasoned attorney, you can better understand what you might expect to recover.
Texas Chemical Exposure Lawsuit Attorneys
At Tawney, Acosta & Chaparro P.C., we provide aggressive legal representation and personalized attention to every client.
Our lawyers have been recognized as Super Lawyers, Top 40 Under 40 Trial Lawyers, and “Best Law Firm” by the El Paso Times. Contact us to schedule a free consultation today!
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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