Oil field Accident Lawyer in San Antonio

The indemnity contract may be void. Texas has a statute written for this industry alone. Under the Texas Oilfield Anti-Indemnity Act, Chapter 127 of the Civil Practice and Remedies Code, an agreement relating to a well cannot indemnify a party against its own sole or concurrent negligence for personal injury or death. Those provisions are void. There is a mutual indemnity exception when both sides carry supporting insurance, and even then the obligation is limited to the lower of the two coverage amounts. Companies write these clauses aggressively anyway, and an unenforceable clause has stopped many injured workers who never had it read properly. They may claim you worked for them. Expect the borrowed servant defense. An operator or contractor argues you were its borrowed employee, so workers’ compensation is your exclusive remedy and your negligence claim is barred. The test is the right to control the details and manner of your work. To win it, the company has to plead and prove that you were a borrowed servant, that you were entitled to benefits, and that its comp policy actually covered borrowed employees. Those elements fail more often than companies expect, and the evidence that defeats them is in the daily reports and the contract.