Worker Loses Bid to Sue for Workers Comp, Company May Face Premises Liability Claim

A Texas contract worker injured in an Oklahoma oil field has lost his bid to sue outside of the state’s exclusive remedy rule for workers comp. However, the company he did contract work for may still face a premises liability claim, according to a federal appeals court ruling.

The man, an employee of Smith Contract Pumping Inc., was contracted to work on a pump jack at an oil well owned by Oklahoma City-based Angel Exploration LLC when he lost his right thumb after his hand was pulled into moving belts. The pump jack was not protected by safety guards, which the plaintiff argued violated federal safety regulations.

He sued Angel Exploration on the grounds that the company was intentionally negligent for failing to install safety guards to maintain reasonable safe premises.

The U.S. District Court in Oklahoma City dismissed the intentional tort and premises liability claims.

At the Law Offices of Aaron Allison, our workers compensation attorney takes workplace injury cases like this one very seriously. If you were injured on the job, do not assume that workers compensation will be your only source of payment. Texas law allows injured employees to sue for personal injury damages against negligent third-party defendants. If your company does not subscribe to workers comp insurance, you can even sue your own employer.

Our Austin workers compensation lawyer provides aggressive representation you can trust. With a 30-year tradition of client service in personal injury litigation, our law firm is thoroughly committed to helping you successfully resolve your claims.

The Law Offices of Aaron Allison – Austin Workers Compensation Attorney