Big River Trial Attorneys

July 2023

Personal Injury

An In-Depth Look at Oil Rig Injuries

The oil and gas industry is an extremely lucrative business. It is no surprise then that it attracts thousands of employees in Baton Rouge every year. Employment positions on oil rigs often come with very large salaries, and people often do not need extensive experience, nor are they given a lot of training. Unfortunately, accidents on oil rigs are common, and when they occur, they result in catastrophic injuries. Working on an oil rig is dangerous and difficult. Below, our Baton Rouge industrial accident lawyer outlines the most common types of injuries, what causes them, and how you can claim compensation if you have been hurt. Common Oil Rig Injuries Workers in the oil industry often feel pressured to sacrifice their own personal safety for productivity. There are often no clear training protocols for navigating rig decks that are at great heights or for operating heavy machinery. Workers also must regularly handle dangerous materials without receiving much training on how to do so safely. Workers are also not given much training on how to properly clean and maintain the equipment they use, which can cause it to become faulty and dangerous. This can result in some of the most serious accidents that cause catastrophic injuries. The most common of these are as follows: Limb amputations Finger or fingertip amputations Traumatic brain injuries Broken bones Spine injuries Puncture wounds and lacerations Vision loss Hearing loss Oil rig injuries such as chronic illnesses and burns are not as common, but they do still happen. This is due to the fact that workers in oilfields are often required to handle dangerous materials, such as hydrogen sulfide gas. These materials are highly combustible, and fires often occur. Workers in oilfields are also commonly around diesel particulate and silica matter. These hazardous materials can damage the eyes, skin, and lungs. If oilfield workers are negligent when working with these materials, they can suffer burns and acute illnesses as a result. Common Causes of Accidents on Oil Rigs The oil industry is one that is in very high demand. Due to this, employees and employers alike push themselves to the brink of productivity. They may try to cut corners, ignore safety precautions, and try to improve productivity in other ways. The most common causes of accidents on oil rigs are as follows: Drug use: Drug use is a very big part of the culture in the oil and gas industry. This side effect is a combination of high wages as well as the highly demanding nature of the job. Workers often use stimulants such as methamphetamine and cocaine to stay alert. While many companies are implementing strict drug testing, abuse is still a problem that contributes to many oil rig accidents and injuries. Insufficient training: One of the biggest draws for employees in the oil industry is that they can earn high wages without needing to submit to a great deal of training. Still, any worker on an oil rig should receive sufficient training that allows them to perform their job safely. When proper training is not provided, it can result in a serious accident that results in a catastrophic injury. Lack of safety precautions: Proper training is not the only safety measure that should be made available to workers in the oilfield. Proper safety equipment, as well as making sure it is adequately maintained, is also important. According to OSHA, equipment and chemicals should be actively monitored to ensure they are safe. OSHA also recommends utilizing safety control devices such as two-handed controls, tripwires, and barriers such as protective shields and gates. Workers’ Compensation and Oil Rig Injuries An oil rig injury is typically very serious and prevents an employee from returning to work. In these cases, workers’ compensation may be available to help employees recover their medical expenses and a percentage of their lost income. Many oil rig workers are reluctant to file for workers’ compensation because they worry their employers will retaliate against them. This is against the law; any workers should file a claim as soon as possible to protect their case. In other instances, personal injury claims are more appropriate after an oil rig injury. A personal injury claim can be filed against any entity that caused the accident, and that is not related to the worker’s employee. For example, when a defective machine causes a worker’s injury, the injured party may have a valid claim against the manufacturer. Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury If you have been injured on an oil rig, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can advise you of your legal options and help you navigate any avenue to claim the full and fair compensation you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free review of your case and to learn more.

Personal Injury

How Do Fatigued Commercial Truck Drivers Cause Accidents?

Many years ago, the Federal Motor Carrier Safety Administration (FMCSA) enacted new hours of service rules in an attempt to reduce the number of crashes caused by truck driver fatigue. These rules outline the number of hours a truck driver can be on the road, when they must take breaks, and how long they must remain off of the road before taking another trip. Unfortunately, not all truck drivers and trucking companies comply with these rules. According to the FMCSA, fatigued truck drivers cause approximately 1.5% of fatal truck accidents every year. Any time a truck is involved in a crash, it can result in severe and catastrophic injuries. When a driver is fatigued and could not react right away, those injuries can be even worse. If you or a loved one has been injured, it is critical to speak to a Baton Rouge truck accident attorney. How to Prove Truck Driver Fatigue Unlike when testing for drugs or alcohol in the system, law enforcement does not have any test that can determine when an accident was caused by truck driver fatigue. Investigators must then use other methods to determine if a truck driver was drowsy or if they fell asleep. Some factors law enforcement may take into consideration are as follows: Driving late at night The accident only involved the truck that left the road There is no evidence to suggest that the truck driver tried to prevent the crash, such as skid marks on the road Investigators may also still perform a breath test or other chemical test to determine if there was alcohol in the truck driver’s system. Alcohol can make a person feel even more tired more quickly, so even if the test does not prove the trucker was impaired, it may still show that the truck driver was fatigued. For a number of years, truck drivers have also had to log the number of hours they spent on the road. Historically, they did this manually, which made the logs easy to forge and manipulate. Today, fortunately, most trucks on the road are equipped with electronic logging devices (ELDs). This makes it much more difficult for truckers and trucking companies to change the numbers manually. What are the Hours of Service Rules? There are many rules set out by the FMCSA that outline how long a truck driver can remain on the road. The hours of service rules apply mainly to long-distance drivers, and they are as follows: Truck drivers can only drive for a maximum of 11 hours after having 10 hours off. Truck drivers cannot drive after working for 14 hours following a period of being off duty for 10 hours. If a break is taken during the 14 hours, it does not extend the 14-hour period. Truckers can take one long ten-hour break, or they can divide the time into two separate times. However, one of these times must be at least two hours, and seven of those hours must have been spent in the berth of the truck. The two times must add up to at least 10 hours. For every eight hours of driving, truck drivers must rest for at least 30 minutes. Drivers can spend that break resting in their cab or outside of the truck. Truck drivers cannot be on the road for more than 60 hours in seven days or 70 hours in eight days. The seven or eight-day period restarts after the trucker has taken 34 hours off. If truckers encounter inclement weather or other adverse conditions, they can extend the 14-hour period by a maximum of two hours. Who is Liable for a Crash Caused by Truck Driver Fatigue? In the majority of cases, the truck driver who drove while fatigued is liable for any accident they caused. However, there are times when the trucking company may also be found liable. Trucking companies often provide incentives for truck drivers to remain on the road longer than the law allows. They do this so they can make more deliveries in shorter periods of time and increase their profits. It is important to identify all liable parties. Each liable party will have insurance coverage, but those policies all have limits, or a maximum they will pay. By identifying all liable parties, you can receive damages from each insurance company and maximize your claim. Our Truck Accident Lawyers in Baton Rouge Can Help After a Fatigued Driving Accident At Big River Trial Attorneys, our Baton Rouge truck accident lawyers can determine if your injuries were caused by fatigued driving and prove your case so you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about how we can help.

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