Bakken Oil Field workers who suffer injuries while working in those fields
generally have a right to file claims under North Dakota's worker's
compensation laws. Those laws provide
compensation only for lost wages and medical costs, but not for other consequential damages that result from an employer's
negligence. Employers and the North Dakota Workforce Safety and Insurance
entity, which is the state's exclusive provider of workers compensation
insurance, will seek to minimize the payout to an injured employee. Accordingly,
if you intend to file a
workers compensation claim for a Bakken or any other injury in the state, your best opportunity
to increase your recovery is to work with a qualified workers compensation attorney.
A qualified attorney will help you to avoid these common mistakes that
have lowered workers compensation claims for injuries in the Bakken oil fields:
-Settling a case for less than it is worth. Insurers prefer to settle cases
quickly because settlements limit their liability for future claims that
become apparent after an injury occurs.
-Accepting a medical diagnosis from the insurer's physician. The insurer
will send you to its own physician, whose fees are paid by the insurer.
You can generally trust a doctor to act independent, regardless of who
is paying him. Nonetheless, you are not obligated to accept the first
diagnosis and recovery projections from the insurance company's doctor.
An independent second opinion from your own physician may reveal other
injuries that the insurance company's doctor overlooked.
-Accepting an insurance company's assessment of the extent of your
disability. An insurance company will argue that any disability that results
from a Bakken or other work-related injury will not prevent you from returning
to work after a short recovery or from resuming all of your previous duties
and responsibilities. If you accept the insurance company's opinion,
you may be required to work with chronic pain or physical limitations.
-Giving up due to financial pressure. Insurance companies occasionally
delay payments that are intended to replace lost wages in an attempt to
force an injured worker to accept a low settlement simply because he needs
the money. If you have a valid workers compensation claim, you should
receive regular payments that replace your wages and that keep you and
your family whole while your claim is fully adjudicated.
The Bakken oil fields are notorious for the risks that they place upon
workers and for the injuries that those workers suffer. If you are dealing
with an injury that was caused by any operations relating to Bakken, please
contact us at your earliest convenience to protect the full value of your claim and
to recover the maximum worker's compensation payments.