Personal Injury Law Firm
San Antonio Oilfield Injury Lawyer
If you have been hurt in a oilfield accident caused by the negligence of another party, call my personal cell phone at 210-464-5454
If you or someone you care about was hurt in an oilfield accident in San Antonio or anywhere across South Texas, you’re dealing with more than just a physical injury. You’re probably facing medical bills, missed work, and pressure from insurance adjusters who would rather settle fast and cheap than give you what your case is actually worth. The oil industry employs some of the best-paid legal teams in Texas.
You deserve someone fighting just as hard on your side.
At Toscano Law Firm, we’ve helped oilfield workers recover compensation that goes well beyond what workers’ comp alone would pay. Call us today for a free consultation. You pay nothing unless we win.
Table of Contents
- How Dangerous Is Oilfield Work in South Texas?
- Types of Oilfield Accidents We Handle
- Injuries That Can Result from an Oilfield Accident
- Workers’ Compensation vs. Your Right to Sue
- 5 Steps to Take After an Oilfield Accident in Texas
- Our Oilfield Case Results
- Why Oilfield Workers in South Texas Trust Toscano Law Firm
- What Our Clients Are Saying
- Frequently Asked Questions
- Related Blogs & News Commentaries
- Citations
How Dangerous Is Oilfield Work in South Texas?
Oilfield work is one of the most hazardous professions in the United States. Texas sits at the center of it. The Permian Basin and Eagle Ford Shale are two of the most active oil-producing regions in the world, and both run through South Texas. With that level of production comes an enormous concentration of risk.
The data tells a consistent story:
Oil and gas extraction workers face fatal occupational injury rates 7X higher than for all U.S. workers, according to the CDC and NIOSH¹
Texas consistently records the highest number of oilfield worker fatalities of any state in the country, per the Bureau of Labor Statistics²
Three of every five on-site fatalities in the oil and gas extraction industry result from struck-by or caught-in/caught-between equipment, according to OSHA³
Highway vehicle crashes account for roughly four out of every ten oilfield worker deaths, making transportation the single leading cause of fatalities in the industry³
A Center for Public Integrity analysis of federal OSHA data found that from 2008 through 2017, oil and gas companies were cited for 10,873 OSHA violations, with 64% classified as “serious”, meaning inspectors found hazards likely to result in death or serious physical harm⁵
Texas leads the nation in oil production, accounting for more than 25 percent of total U.S. refining capacity.⁶ That economic power comes with a cost that workers and their families bear every day. If a safety failure caused your injury, you have the right to hold the responsible parties accountable.
Types of Oilfield Accidents We Handle
Oilfield accidents happen in many different ways, and the cause matters when it comes to determining who is legally responsible. We handle cases involving all of the most common types of oilfield accidents in Texas, including:
Equipment Failures and Malfunctions
Faulty drilling rigs, pumps, valves, and pipelines are responsible for a significant share of oilfield injuries. When equipment fails due to poor maintenance, defective design, or inadequate inspection, the people closest to it pay the price.
Common injuries from equipment failures include:
Fractures and crush injuries
Amputations
Severe burns
Injuries that can permanently end a career
These cases often involve not just the employer, but the equipment manufacturer or the company responsible for maintenance.
Fires, Explosions, and Blowouts
The combination of flammable materials, high pressure, and round-the-clock operations creates constant fire and explosion risk. A blowout can happen with little warning and injure everyone in the vicinity. These incidents often result in severe burns, blast injuries, and fatalities. They also tend to involve multiple responsible parties, including the operator and the service companies on site.
Falls from Heights and Falling Objects
Derrick work, rig platforms, and elevated equipment create serious fall hazards at every level of oilfield operations. A fall from an elevated structure can cause traumatic brain injuries, spinal damage, and fractures that require extensive recovery time. Falling tools and equipment are equally dangerous, even at ground level, when workers are not given adequate head protection or are not warned about overhead work.
Vehicle and Transportation Accidents
According to OSHA,³ transportation incidents are the leading cause of fatalities in the upstream oil and gas industry, accounting for nearly half of all worker deaths. Oilfield workers travel long distances on rural roads, often after exhausting 12-hour shifts. When fatigued driving, company vehicle negligence, or poorly maintained roads contribute to a crash, there may be a viable claim beyond workers’ compensation.
Toxic Chemical and Gas Exposure
OSHA identifies several serious chemical hazards in oil and gas operations,⁴ including:
Hydrogen sulfide
Benzene
Silica dust
Hydrocarbon vapors
Other toxic gases
Exposure may cause immediate harm such as burns, unconsciousness, or organ damage, or develop into long-term health conditions over months or years, including respiratory disease and certain cancers. These cases require careful medical documentation and experienced legal representation.
Injuries That Can Result from an Oilfield Accident
Oilfield accidents can produce some of the most severe injuries seen in any workplace setting. Because conditions change fast and equipment moves fast, workers often have no time to react before a serious injury occurs.
| Injury type | Common cause | Impact on work & life | Severity |
| Burns (thermal/chemical) | Explosions, fires, blowouts, chemical spills | Long-term treatment, scarring, career limitations | Critical |
| Amputations | Heavy machinery, falling objects, equipment malfunctions | Permanent disability, retraining required | Critical |
| Traumatic brain injury (TBI) | Falls from height, falling objects, vehicle crashes | Cognitive changes, memory loss, lost earning capacity | Critical |
| Spinal cord injuries |
Falls, structural collapses, vehicle incidents | Paralysis, permanent mobility loss | Critical |
| Fractures & crush injuries |
Struck-by/caught-between equipment (60% of on-site deaths per OSHA) | Surgery, extended recovery, reduced function | Severe |
| Respiratory disease |
Hydrogen sulfide, benzene, silica, hydrocarbon vapor | Chronic illness, cancer risk, ongoing medical care | Severe |
| Herniated discs / back injuries |
Heavy lifting, falls, vehicle collisions | Chronic pain, surgery, early career end | Significant |
| Loss of vision or hearing |
Explosions, chemical exposure, equipment noise | Permanent sensory loss, quality of life impact | Significant |
| Lacerations & puncture wounds |
Pressurized equipment, sharp materials, tools | Infection risk, scarring, nerve damage | Moderate |
The injuries on this list don’t just affect you physically. They affect your ability to work, your income, your family’s financial security, and your quality of life. The median time away from work after an oilfield accident is 30 days, more than four times the national average of 7 days. Many workers never return to the same job or the same earning level. That long-term impact is exactly what a personal injury claim is designed to address.
Use our free pain and suffering calculator to get a general estimate of what your oilfield injury claim may be worth.
Workers’ Compensation vs. Your Right to Sue
One of the most important things an injured oilfield worker can understand is that workers’ compensation is not necessarily your only option, and in many cases, it is not the best one.
When Workers’ Comp Applies and When It Falls Short
Workers’ compensation covers your medical bills and a portion of your lost wages.
What it does not cover includes:
Pain and suffering
Full future lost earning capacity
Emotional distress
Punitive damages
For oilfield injuries that permanently change a worker’s ability to earn a living, those gaps can represent hundreds of thousands of dollars. Workers’ comp was designed to be a quick, no-fault solution, but the trade-off is that benefits are limited by design.
What If Your Employer Is a Non-Subscriber?
Texas is the only state that does not require private employers to carry workers’ compensation insurance. If your employer has opted out (commonly called a “non-subscriber”), you cannot file a workers’ comp claim with them.
But Texas law actually gives you a stronger hand in this situation. Non-subscriber employers lose several of their primary legal defenses, including the right to argue that:
You assumed the risk of injury
You were at fault for the accident
A co-worker's negligence caused the harm
That makes it significantly easier to hold a non-subscriber accountable in civil court.
If you are unsure whether your employer carries workers’ compensation, that is one of the first things we can help you determine.
Who Else Can Be Held Responsible?
Even when workers’ compensation is available, it only covers your employer and co-employees. A third-party personal injury claim is separate, and it allows you to pursue full compensation from parties who contributed to your injury but sit outside that employment relationship.
Depending on the facts of your accident, liable third parties could include:
Equipment manufacturers, if defective tools or machinery caused your injury
Subcontractors working on site at the time of the accident
The property or lease owner
A trucking company or the driver of another vehicle involved in a road accident
Identifying every responsible party is one of the most valuable things an experienced oilfield injury lawyer can do. It is also where the difference between a workers’ comp-only outcome and a full recovery becomes most apparent. We can review your case and explain your options in a free consultation.
To understand your rights to report unsafe conditions in addition to your legal claim, see our guide on how to file an OSHA complaint after an oilfield accident in San Antonio.
5 Steps to Take After an Oilfield Accident in Texas
Seek medical attention immediately
Even if you feel okay — documentation starts here. Delays canweaken your claim and put your health at risk.
Report the incident to your supervisor
Texas law requires reporting within 8 days for workers’compensation claims. Failure to report can jeopardize your case.
Texas law also requires notifying your employer within 30 days of your injury to preserve workers’ compensation rights.
Get a copy of the incident report. Do not rely on verbal confirmation that it was filed.
Document everything you can
Photos, witness names, incident report copies, your own notes. Evidence disappears fast in industrial settings.
Don't speak to insurance adjusters alone
Do not give recorded statements or sign anything beforespeaking with a lawyer. They work for the company, not you.
Adjusters may contact you the same day as your accident and may seem helpful.
They are not on your side. Any statement you give, even a casual one, can be used to reduce your claim.
Do not give recorded statements or sign any releases without speaking with a lawyer first.
Contact an oilfield injury lawyer as soon as possible
Your employer’s legal team starts working immediately. Toscano Law Firm offers a free consultation.
Safety records, equipment logs, and surveillance footage can be overwritten or discarded within days of an accident. The sooner a lawyer can send a document preservation letter, the better your chances of building a strong case.
Our Oilfield Case Results
$475,000 Oilfield Injury Settlement
Net to client: $275,055
Injury: Loss of toe
Expenses: $9,945
Attorney fees: $190,000
The number that matters most is what the client actually took home: $275,055. Oilfield injuries are sometimes minimized by insurance companies as “single-injury” cases. We don’t accept that framing. Our job is to account for the full impact of an injury: the client’s ability to work, their daily life, and their future. In this case, we held the responsible parties accountable and secured a result that reflected the real cost of what happened.
Patrick Toscano is a member of the Million Dollar Advocates Forum, a national group of trial lawyers who have recovered million and multi-million dollar verdicts and settlements for their clients. That recognition is not a credential we advertise for its own sake. It reflects a record of real results for real people.
Why Oilfield Workers in South Texas Trust Toscano Law Firm
You get Patrick directly.
When you call Toscano Law Firm, you reach Patrick Toscano: not a case manager, not a paralegal. Patrick gives clients his personal cell phone number because real access to your lawyer matters, especially in a case as serious as an oilfield injury.
That is not standard practice at larger firms.
It is here.
Experience that knows this territory.
Patrick has been practicing Texas personal injury law since 2000 and opened Toscano Law Firm in 2010 specifically to offer a more hands-on approach to each case.
He has handled hundreds of injury cases across South Texas, including against some of the largest insurance companies and corporations in the state. Oilfield injury claims involve complex chains of liability that require a lawyer who knows how to find every responsible party and pursue every avenue of recovery.
We serve the communities closest to the work.
Our clients come from across South Texas, including:
San Antonio
New Braunfels and San Marcos
Carrizo Springs and Crystal City
Laredo and Eagle Pass
Eagle Ford Shale
Permian Basin
We understand the industry and the region, and we’re here for workers wherever they are in South Texas.
No fees unless we win.
We handle all oilfield injury cases on a contingency basis. You pay nothing upfront. If we don’t recover compensation for you, you owe us nothing.
For a full explanation of how our no win, no fee promise works in practice, including how fees are calculated from your settlement, visit that page before your consultation.
What Our Clients Are Saying
Toscano Law firm has been in our family for years for business and family. We have always loved their professionalism with handling every situation, big and small. Our experience with their law firm has been topic of conversations and always come highly recommended whenever the need may arise.
I was having a serious problem with a family member. I saw Patrick Toscano’s page and that he gave his personal phone number. He, not his assistant nor his secretary, answered immediately. After a short discussion, he told me what he could do for me then suggested we meet at MY convenience: no appointment, no having to wait, he was ready to help me right away. When I met him at his office, he had already started the necessary paperwork. I have never had an attorney be so quick, efficient, and ready to go. Mr Toscano’s phone number is now in my contact list and he will be the first person I call when legal help is needed.
Thank you, Patrick and Valerie. For everything y’all have done for me and my mother during this case. This accident took life out of both of us — if we didn’t have y’all, we would be nothing. I will always come to this firm in the future.
Frequently Asked Questions
How Long Do I Have to File an Oilfield Injury Claim in Texas?
Texas has a two-year statute of limitations for personal injury claims, which means you have two years from the date of your accident to file a lawsuit. For workers’ compensation claims, the timelines are tighter:
- You must report the injury to your employer within 30 days
- You must file your claim with the Texas Division of Workers’ Compensation within one year of the injury, or within one year from your last benefit payment
Missing these deadlines can permanently eliminate your right to recover compensation, regardless of how serious your injuries are.
Beyond legal deadlines, acting quickly matters for practical reasons. Safety inspection records, equipment maintenance logs, surveillance footage, and eyewitness accounts can all be lost, overwritten, or altered. The sooner an attorney can send a document preservation letter and begin investigating, the stronger your case will be. If you’re unsure how much time you have left, contact us for a free consultation. We can review the specifics of your situation and let you know exactly where you stand.
Can I File a Personal Injury Claim If I'm Already Receiving Workers' Compensation?
Yes, in some cases. Workers’ compensation and personal injury lawsuits are not mutually exclusive. Workers’ comp is paid by your employer’s insurance carrier and covers medical expenses and a portion of your lost wages, but only from your employer’s side of the accident.
If a third party was also responsible for your injury, you can pursue a separate personal injury claim against them while still receiving workers’ comp benefits.
Common third parties in oilfield cases include:
- Equipment manufacturers, if a defective product caused your accident
- Subcontractors who were working on site
- Property or lease owners who failed to maintain a safe environment
- Trucking companies whose drivers contributed to a vehicle-related incident
A personal injury claim against a third party can recover compensation for pain and suffering, full future lost earnings, emotional distress, and other damages that workers’ comp simply does not cover. An experienced oilfield injury lawyer can review your case and identify every source of potential recovery.
What Compensation Can I Recover After an Oilfield Accident?
The full range of compensation available depends on the facts of your case: the severity of your injuries, who was responsible, and how the accident has affected your ability to work and live your life.
In general, an oilfield injury claim can pursue compensation for:
- Current and future medical expenses, including surgeries, rehabilitation, and ongoing treatment
- Lost wages from the time you were unable to work
- Reduced future earning capacity if your injury limits your career long-term
- Pain and suffering
- Emotional distress
- Physical disfigurement or permanent impairment
- Loss of enjoyment of life
- Punitive damages, in cases involving gross negligence where a party showed reckless disregard for worker safety
Use our free pain and suffering calculator to get a general sense of what your claim may be worth. For a more accurate picture based on the specific details of your accident, the best step is a free consultation with our team.
Does Toscano Law Firm Charge Upfront Fees for Oilfield Cases?
No. We handle all oilfield injury cases on a contingency fee basis. We call it our no win, no fee promise. That means you pay nothing to get started, and you owe us nothing unless we recover compensation for you. If we win your case, our fee is calculated as a percentage of the settlement or verdict. Before we move forward, we walk you through exactly how fees are structured so there are no surprises.
We are selective about the cases we take precisely because we operate this way. Every case we accept, we take on the financial risk alongside you. If you’ve been hesitant to call a lawyer because you’re worried about costs, that concern shouldn’t stand in the way of getting the help you need. Oilfield injuries are expensive to recover from and complex to litigate. Our fee structure is designed so that access to experienced legal representation is never a matter of whether you can afford it upfront.
Related Blogs & News Commentaries
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Common Oil Field Accidents in Texas and How to Seek Compensation
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How to File an OSHA Complaint for Oilfield Accidents in San Antonio, Texas
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Citations
¹Centers for Disease Control and Prevention (CDC) / National Institute for Occupational Safety and Health (NIOSH). “Fatalities in Oil and Gas Extraction Database, an Industry-Specific Worker Fatality Surveillance System — United States, 2014–2019.” Morbidity and Mortality Weekly Report (MMWR), September 2023. https://www.cdc.gov/mmwr/volumes/72/ss/ss7208a1.htm
²U.S. Bureau of Labor Statistics (BLS). Oil and Gas Industry Fatality Data. U.S. Department of Labor. https://www.bls.gov/iif/factsheets/archive/injuries-illnesses-fatalities-oil-and-gas-2014.htm
³Occupational Safety and Health Administration (OSHA). “Oil and Gas Extraction — Hazards.” U.S. Department of Labor. https://www.osha.gov/oil-and-gas-extraction/hazards
⁴Occupational Safety and Health Administration (OSHA). “Oil and Gas Extraction — Health Hazards.” U.S. Department of Labor. https://www.osha.gov/oil-and-gas-extraction/health-hazards
⁵Center for Public Integrity. “Death in the Oilfields.” Analysis of U.S. Department of Labor OSHA citation data, 2008–2017. https://apps.publicintegrity.org/blowout/us-oil-worker-safety/
⁶U.S. Energy Information Administration (EIA). Texas State Energy Profile. Referenced via Toscano Law Firm: The Biggest Refineries in Texas
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