Three signs your Bakken oil field injury may entitle you to both workers' compensation and a personal injury lawsuit

Because 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 field region, contact us to learn more about our legal representation services.

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