workers compensation is an administrative process, some Bakken oil field workers who become
injured on the job feel that they don't need qualified legal help
to represent them when they make a claim. However, this is a mistake.
For example, one reason you should never make a workers compensation claim
without a competent attorney is that you may in some situations be entitled
to a personal injury lawsuit as well. This doesn't happen in most
cases, but here are three reasons it may apply.
1. Third party injury
If you were attacked or otherwise injured by a third party (someone other
than a co-worker or employer), you
might be able to sue. However, this only works if you're fairly sure you'll
be able to bring evidence that shows the third party was responsible for
your injury. Consulting with an experienced lawyer in the Bakken oil field
area is the best way to determine if your case falls under this heading.
2. Intentional harm
If you were
injured intentionally, your case may be an exception to the rule against taking your employer
or co-workers to court. This is the case whether your employer or co-worker
injured you directly or whether the person in question acted in an intentionally
neglectful manner that clearly compromised your safety, and caused your
injury that way (this does not, however, apply to normal negligence that
wasn't specifically intended to harm you).
3. Lack of workers' compensation insurance
Because it's illegal for your employer not to have sufficient workers'
compensation insurance to cover your work injuries, you may be able to
sue if their insurance arrangements don't cover you or if they don't
have workers' compensation insurance at all.
If you think any of these situations may represent your case, or if you're
thinking of filing a workers' compensation claim in the Bakken oil
contact us to learn more about our legal representation services.