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Elsa RodríguezGoogle · ES
Oilfield injuries · McAllen, Texas
McAllen Oilfield Accident Lawyer
Del campo a la corte
Hurt on a rig, at a refinery or driving to the fields? An oilfield accident lawyer looks at every company on the site: the operator, the drilling contractor, the service companies and the makers of the equipment. Call us and we find out who was responsible and who carries insurance, then explain your options in English or Spanish.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
After an oilfield accident
When to call an oilfield accident lawyer
An oilfield injury case starts with a map of the site. One well can have an operator, a drilling contractor and several service companies working at once, each with its own crew, contracts and insurance.
Your own employer may owe workers' comp benefits while another company on the site owes damages. Our workplace injury and workers' comp page explains how the two fit together.
Why Alex Martinez Law
Why oilfield workers call us
estamos contigo
Oilfield cases can involve an operator, several contractors and their insurers. We keep track of all of them while you recover.
An attorney on your case.
Alex Martinez, licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas, handles your claim.
Oil and gas trial background.
Adrian Martinez, of counsel, brings more than 40 years of civil litigation, including work as a senior trial lawyer for an oil and gas company.
Your language, any hour.
Hablamos español. Call the 24/7 hotline or send a WhatsApp, and talk it through in English or Spanish.
Wherever you are recovering.
Start with a phone, WhatsApp or video call, then meet us in McAllen or at our Brownsville office in Olmito.
Contingency fee.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How our attorneys build an oilfield injury case
Who works your case
Alex Martinez starts by sorting out the companies: who operated the well or plant, who employed you, who owned the equipment that failed, and what the contracts between them say about safety and insurance.
He works with Adrian Martinez, of counsel, whose career includes trial work for an oil and gas company, and with our bilingual staff, who keep you updated by phone or WhatsApp.
Evidence we gather
- Railroad Commission notices of fires, leaks, spills and breaks
- The employer's OSHA report of a death, hospitalization or amputation
- Service agreements between the operator and its contractors
- Driver logs and truck records for oilfield hauling
- Equipment inspection and maintenance records
- Your medical and burn care records, bills and pay stubs
What to bring
- Pay stubs and the name of the company that pays you
- The operator's name and the well, lease or plant location
- Photos of the site, the equipment and your injuries
- Any paper you were asked to sign after the injury
- Names and phone numbers of co-workers who saw it
Accidents we handle
Oilfield accidents we take
Rig & well site accidents
Falls, pinch points, dropped pipe and cable failures on drilling and workover rigs.
Explosions, fires & burns
Blowouts, flash fires and gas ignitions at wells, tanks and plants.
Refinery & plant injuries
Process fires, chemical releases and equipment failures.
Oilfield trucking crashes
Water, sand and equipment haulers on long shifts.
Gas & chemical exposure
Hydrogen sulfide and other exposures at wells and plants.
Equipment & pipeline failures
Ruptures, pressure failures and defective parts.
Rules that shape an oilfield injury claim
General information, not legal advice. Exceptions apply — ask us about your own dates.
Eagle Ford
The Railroad Commission describes the play as about 400 miles long, from the Mexican border into East Texas.
Rule 20
Operators must report fires, leaks, spills and breaks to the Railroad Commission right away.
24 hrs
Oilfield haulers may restart their weekly hours after 24 hours off duty. Most truckers need 34.
PSM
OSHA's process safety rule covers refineries and plants with large amounts of flammable material. It excludes well drilling and servicing.
Ch. 95
A property owner is liable to a contractor's worker only if it controlled the work and knew of the danger but failed to warn.
Deaths
If an employer's gross negligence causes a worker's death, the spouse and children may seek exemplary damages, even when it has comp.
No blame
An employer without comp cannot defend by blaming your own carelessness. You still prove its negligence.
What happens next
From your first call to a resolution
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01First call
Free case review
Call, WhatsApp or use the form from wherever you are. We ask where the well or plant was and who was working there.
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02First weeks
Preserve the evidence
We request agency reports and contracts, and ask the companies to keep equipment, logs and video.
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03Weeks to months
Who is responsible
We sort out comp benefits from your employer and claims against the operator, contractors or equipment makers.
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04While you treat
Treatment and claim
Burns and crush injuries can need long care. We document it and deal with each insurer.
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05Months or longer
Resolution
Cases against several companies may settle together or go to trial.
Fees and consultation
How much does an oilfield injury attorney cost?
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
Your case review is free, and you pay no attorney's fee unless we recover money for you.
If part of your case is a workers' comp claim, the state or a court must approve that fee, and it generally cannot exceed 25% of what you recover (Labor Code §408.221).
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the U.S. District Court for the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with more than 40 years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Oilfield injury questions
Questions about fees, deadlines and the first steps for every kind of injury are on our personal injury services page.
Who is responsible for an oilfield accident?
It depends on who controlled the work and the equipment. That can be the operator, the drilling contractor, a service company, a trucking company or the maker of a part that failed. Your own employer is usually limited to workers' comp benefits if it has coverage, and can be sued for negligence if it does not.
I work for a contractor, not the oil company. Can I still make a claim?
Yes. Workers' comp from your own employer and a claim against another company on the site can go forward together. If the comp carrier paid benefits, it is repaid from what you recover from the other company.
Does a crash on the drive to a well site count as a work injury?
Sometimes. Texas comp law generally leaves out the commute, unless the employer provided or paid for the transportation, controlled the vehicle, or sent you from one place to another. If another driver caused the crash, you may also have a claim against that driver.
What can a family do after an oilfield death?
The family may have a wrongful death claim against the companies responsible. If the employer had workers' comp but its gross negligence caused the death, the spouse and children may still seek exemplary damages. A claim for comp death benefits must be filed within one year of the death. Our wrongful death claims page explains more.
How is an oilfield burn or crush injury claim valued?
There is no set amount. The claim looks at your medical care now and in the future, the wages and earning ability you lose, pain, scarring and how the injury changes daily life. Who was at fault and how much insurance each company carries also matter.
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Hurt in the oilfield? Call El Gallo.
Phone, WhatsApp or the form. English or Spanish, day or night.