The Guide

The South Texas Oilfield Injury Guide: What Injured Workers and Their Families Need to Know

By Guy Muller  ·  Injury lawyer, San Antonio  ·  Updated July 2026

The chapters

If you are reading this, something probably went terribly wrong on a lease somewhere in South Texas.

Maybe it happened to you.
Maybe it happened to your husband, your dad, your son, or your brother.
Maybe he is in a hospital bed in San Antonio right now.
Maybe he is not coming home at all.

This guide is for you.

It is not a sales pitch. It is the most honest, plain explanation I could put together of how oilfield injury laws work in Texas. What happened to you. Who might be responsible. What the law actually says. And how to tell a qualified lawyer from an unqualified one.

If this guide helps you and you never call me, that is still a win in my book because its main purpose is to help people in need.

If you do want to talk, I am here. Either way, you should not have to work through this blind, while a company that has done this a hundred times already has its lawyers on retainer and ready on speed dial to undercut your rights.

I am Guy Muller. I am an injury lawyer in San Antonio, Texas. Here is what you need to know.

The short and plain version

  • Oilfield work is one of the most dangerous jobs in America. Federal researchers found oil and gas workers have died on the job at about seven times the rate of the average U.S. worker, every single year going back to 2003.
  • Texas law makes these cases hard on the worker. It is an uphill battle. Chapter 95 of the Texas Civil Practice and Remedies Code can limit a property owner's liability in some contractor-injury cases, but only if the statute fits the facts and the plaintiff cannot prove the control and actual-knowledge requirements. A Master Service Agreement can allocate defense, indemnity, and insurance obligations after an injury, but Texas law does not let every clause decide fault or shift every loss. You need a lawyer who understands both.
  • Workers' compensation is not always your only option. You may still have a separate claim. In Texas, about 1 in 4 employers do not have workers' comp at all.
  • Evidence on a well site disappears fast. The first 30 days after an injury matter more than most people know.
  • Most Texas oilfield injury claims must be filed within two years. If you wait too long, the case is over before it starts.
  • Talking to a lawyer can cost nothing. You can get a free consultation, and even hire a lawyer without having to pay anything upfront, and you owe no fee unless money is recovered in your case (the fees and expenses would come out of the money recovered).

Who this guide is for

This guide is written first for the injured worker and the worker’s family.

If you work the oil patch, you already know the job. You know what a derrickhand does ninety feet off the ground. You know what a frac spread sounds like. You know the lease roads off Highway 16 and Highway 281, the man camps, the twelve-hour tours, the heat.

You do not need me to explain the work to you. But you do need someone to explain the law to you in plain words without the unnecessary legal jargon. That is what this is designed to do.

If you are a family member, maybe you have never set foot on a rig. Maybe English is your second language, or your husband’s second language. If so, that is completely fine. I wrote this guide the way I talk, which is meant to be understood by anyone. It is meant to be read at a kitchen table or on a couch after a long day. If a word has to be a legal word, I define it right there in plain English.

If you are a lawyer, a reporter, or someone in the industry, this guide will still serve you. The deeper legal detail lives in the linked pages. But the main pages are written for the worker or their family, because they are who this is for.

Why I built this guide

I will be blunt and direct with you about where I am coming from.

I believe oilfield workers are some of the most taken advantage of people in the American economy. The work is brutal and dangerous, and everyone in the industry knows it. They know a certain number of workers will not come back whole. It is a calculated risk the companies plan for, and they have done the math.

For a large operator, even a big jury verdict or settlement is no more than an operating cost, or cost of doing business, and only counts against one quarter of their profit. In other words it is peanuts to them. It can be cheaper to pay the lawsuits than to slow down and run the job safely.

So the corners get cut over and over again. Good safety training is usually the first thing to go when there is pressure to produce. A safety orientation that should take days gets crammed into a few hours. The JSA, the job safety analysis, turns into a form somebody signs without reading. Maintenance gets put off. Experienced hands get spread across too many wells. A green worker ends up on the floor with maybe a hard hat, some FRs (flame-resistant clothes), and not much else.

Then somebody always gets hurt.

And when they do, the system is built to protect the people at the very top. The operator points at a contract and says the contractor is responsible. The contractor points at the subcontractor. An insurance adjuster calls the worker with a fast, low offer before he even understands what happened to his own body, and sometimes before he is even out of the hospital. Meanwhile the company had their lawyers ready and fully briefed before the ambulance even left the lease road.

I do not think that is right. Not even close.

The legal system is not perfect, but it is one of the few real tools our society gives a hurt worker. The workers who fuel this whole country, who keep going through pain, heat, and danger, should at least understand the basics of how that system works so that they know their rights if something goes wrong, not a self-serving, salesy, chest-puffing war storied version of it.

That is why I built this guide. If it does its job, it will be a useful oilfield injury resource to the people who need it the most: the people that were hurt and their families. If it is, the phone will ring on its own, and I am happy to let it work that way.

The boom is back. So is the danger.

Texas oil is producing at a level the country has never seen.

By the numbers 13.6M bbl/day

U.S. oil production just set a record. U.S. crude oil production reached a record 13.6 million barrels per day in 2025 and is forecast to stay near that level in 2026. The Permian Basin in West Texas alone accounted for 48 percent of all U.S. crude oil production. The Eagle Ford in South Texas added another 9 percent.

U.S. Energy Information Administration, "U.S. crude oil production rose in 2025, setting new record," March 2026

Here is something the industry does not really talk about. Operators are pulling record volumes of oil out of the ground while running historically few drilling rigs. Baker Hughes counted roughly 550 active rigs in the United States in May 2026, which is very low by the standards of past oil booms. The companies have learned to squeeze more out of every rig and every crew. That sounds like efficiency. But in real life it often means the same job done faster, with fewer people, and in less time.

The drilling itself has not slowed. The Railroad Commission of Texas, the state agency that regulates oil and gas, issued 504 new drilling permits in December 2025 alone, and processed more than a thousand oil well completions that same month. So that means South Texas is very busy, and the lease roads are full of trucks.

That is just the production side. Here is the human side.

By the numbers ≈7×

Oil and gas work kills people at far above the normal rate. Federal researchers at the CDC found that workers in oil and gas extraction have died on the job at an average of about seven times the rate of all U.S. workers, every year since 2003. During the last big boom, from 2003 to 2013, the oilfield workforce doubled and the fatality rate per worker actually dropped by a third. But because there were so many more workers and so much more activity, the number of workers killed still rose almost 28 percent, to 1,189 deaths over that period.

CDC, Morbidity and Mortality Weekly Report, "Occupational Fatalities During the Oil and Gas Boom, United States, 2003 to 2013"

You may want to read that last sentence again, because it is the whole story. A booming oilfield can look safer on paper while it kills more people than ever. More wells, more crews, more trucks, more hours. The math always catches up with somebody eventually.

The most recent federal count tells the same story. In 2024, the U.S. Bureau of Labor Statistics recorded 65 deaths across the oil and gas extraction and oilfield services job codes, which was part of 92 deaths in the wider mining and extraction sector. And those numbers undercount the real toll, because crashes on public roads, which kill more oilfield workers than anything else, often do not get reported the same way an on-site death does.

Texas is the center of all of it. Texas produces more oil than any other state, and innocent Texans trying to make a living pay for it. In 2024, 557 Texas workers died on the job. The CDC’s oilfield fatality research found deaths heavily concentrated in Texas, with the Permian Basin alone accounting for almost a third of the worker deaths it tracked.

By the numbers 3 of 5

Where and how oilfield workers get hurt and killed. According to OSHA, motor vehicle crashes are the number one cause of death in upstream oil and gas (the exploration and production side of the industry), close to half of all fatalities. On the well site itself, "struck-by," "caught-between," and "caught-in" incidents are the leading killer. OSHA reports that roughly three of every five on-site oil and gas deaths come from being struck by or caught in equipment.

OSHA, Oil and Gas Well Drilling and Servicing eTool, "Common Wellsite Incidents and Fatalities"

None of this is bad luck. A truck crash at night on a two-lane road might happen because somebody was driving on no sleep after a double tour. A worker gets caught between a stand of pipe and a hard surface because the job was rushed and nobody ran the safety analysis, or because the crew was fatigued and pushed to keep working. Every one of these injuries traces back to a decision. Usually a decision made by someone in an office, who was never anywhere near the danger, and making way more money than the injured worker.

13.6M bbl/day U.S. crude oil production in 2025, a record high. The Permian accounted for 48 percent and the Eagle Ford another 9 percent. EIA, 2026
≈7× Oil and gas extraction workers have died on the job at about seven times the rate of the average U.S. worker, every year since 2003. CDC MMWR
~1 in 2 Motor vehicle crashes cause close to half of all upstream oil and gas deaths. On site, struck-by and caught-between lead. OSHA
~1/3 The Permian Basin alone accounted for almost a third of the oilfield worker deaths the CDC tracked. Texas produces more oil than any other state. CDC

Seven things every injured oilfield worker should understand

The rest of this guide breaks into seven deeper pages. Each one answers a question that comes up in almost every oilfield case. You can read them in any order. Start with whatever is keeping you up at night, or whatever interests you.

The law that protects the oil company: Chapter 95

Chapter 95 of the Texas Civil Practice and Remedies Code can limit a property owner’s liability in some contractor-injury cases, but only if the statute fits the facts and the plaintiff cannot prove the control and actual-knowledge requirements.

Plain English: Chapter 95

Chapter 95 is a Texas law. In many oilfield cases, it makes it harder to sue the oil company that owns the well site. It does not always apply, and it does not mean you have no case. When Chapter 95 applies, the plaintiff must prove both retained control over the manner of the work and actual knowledge of the specific danger. A lawyer who does not know Chapter 95 cold should not be handling your case.

Chapter 95 is not the end of the road. It has limits and exceptions, and Texas courts have spent years working out exactly when it applies and when it does not. But it comes up in almost every oilfield injury case, and it is one of the first things a serious lawyer checks.

The contract you never signed: Master Service Agreements

Before a single worker shows up on a lease, the companies have usually signed contracts, including a Master Service Agreement, that can allocate defense, indemnity, and insurance obligations if someone gets hurt.

Plain English: Master Service Agreement, or MSA

A Master Service Agreement is the top-level, master contract between an oil company and a contractor it hires to do the work. It can shape who must defend or reimburse whom after an injury, but only to the extent Texas law enforces the clause. It is written by lawyers long before the job starts, and the worker never sees it, but it can shape the entire case.

The MSA is where the companies play a quiet game of hot potato with the blame, or at least with who pays when something goes wrong. These contracts often try to push financial risk downhill toward smaller contractors, but whether they actually do depends on the wording, the insurance program, and Texas law. Understanding that contract is one of the most important parts of an oilfield case, and it is one some lawyers do not even think to ask for.

Who is actually responsible

A well site is crowded. The operator. The drilling contractor. A dozen different service companies. The company man. Subcontractors under subcontractors. When a worker gets hurt, the honest first question is both simple and hard at the same time: who caused this?

Plain English: operator, contractor, company man

The operator is the oil company that holds the lease and runs the project. The contractor or service company is a company the operator hires to do a specific job, such as drilling, fracking, or well servicing. The company man is the operator's representative on site, the person watching over the work. Sorting out who controlled what is the heart of figuring out who is responsible for an injury.

Often more than one company shares the blame. The job of a good oilfield lawyer is to map the whole chain and find every party that made a dangerous choice, not just the easy one.

Workers’ comp and the non-subscriber trap

Most injured workers think workers’ compensation is the beginning and the end of it. It is not that simple in Texas.

Texas is the only state that lets most private employers opt out of the workers’ compensation system entirely. An employer that opts out is called a non-subscriber.

Plain English: non-subscriber

A non-subscriber is a Texas employer that has chosen not to carry workers' compensation insurance. If your employer is a non-subscriber and its negligence hurt you, you may be able to sue the employer directly, which a worker covered by workers' comp usually cannot do. Whether your employer is a subscriber or a non-subscriber changes your options in a huge way.

By the numbers 1 in 4

About 1 in 4 Texas employers carry no workers' comp. The Texas Department of Insurance estimated that 75 percent of Texas employers carried workers' compensation insurance in 2022, the most recent estimate available. That leaves roughly one quarter of Texas employers as non-subscribers, with no workers' comp at all.

Texas Department of Insurance, "Employer Participation in the Texas Workers' Compensation System, 2022 Estimates"

Even when workers’ comp does apply, it may not be your only source of recovery. A third party, a company other than your employer, may also be responsible. That is the difference between a workers’ comp check and a real recovery for what happened to you.

If the employer subscribes to workers’ compensation, the surviving spouse or heirs of the body of a deceased worker may still seek exemplary damages if the death was caused by the employer’s intentional act or omission or gross negligence. In Texas, gross negligence requires proof of an extreme degree of risk and actual, subjective awareness of that risk, followed by conscious indifference to the rights, safety, or welfare of others.

Where workers get hurt: the Eagle Ford

The Eagle Ford Shale runs across South Texas, through counties most people in San Antonio drive past without thinking: Karnes, Atascosa, La Salle, Dimmit, DeWitt, Gonzales, Live Oak, McMullen, and more. The Eagle Ford brought jobs and money to small towns like Cotulla, Cuero, Three Rivers, and Pleasanton. But it also brought funerals.

The Eagle Ford guide looks county by county at where workers get hurt, what kinds of operations dominate each area, and what the public data shows about the roads and the lease sites. The jobs are worth having, but the funerals are not worth accepting.

What to do in the first 30 days

The first month after an injury decides a lot. Evidence on a well site does not wait around, and it often disappears fast. Equipment gets moved, repaired, or scrapped. The JSA gets rewritten. Witnesses scatter to the next job. Memories fade. Meanwhile, the company’s investigators and legal team are working from the very first hour. The injured worker is usually the last person to start protecting himself.

The first-30-days guide is a plain, step-by-step checklist: get the right medical care and make sure it is documented, report the injury correctly and in detail, write down what you remember, do not give a recorded statement before you understand your options, and find out fast whether your employer is a subscriber or a non-subscriber.

What your case is worth

People ask what a case is worth. The honest answer is that it depends on a lot of things, and anyone who gives you a number on day one is guessing or selling.

But you can understand the pieces. Texas law allows recovery for medical bills, past and future. For lost income and lost earning capacity, which matters a lot for oilfield workers, because oilfield pay is not just a base wage. It is overtime, per diem, and completion bonuses, and an inexperienced lawyer often misses that. For physical pain, mental anguish, disfigurement, and physical impairment, meaning the loss of the ability to do some of the ordinary things you could do before the injury. And in cases of gross negligence, for exemplary damages, which exist to punish and deter the conduct.

What this means for you and your family

Here is the plain version.

Texas law is not built to make this easy for you. There is a law that can protect the oil company. A Master Service Agreement can allocate defense, indemnity, and insurance obligations after an injury, but Texas law does not let every clause decide fault or shift every loss. There may be three or four companies involved, and each one will try to point at the others and minimize how much you deserve.

That does not mean you have no case. It means the lawyer you pick has to know this specific area of law. A good general injury lawyer can be a great lawyer and still be the wrong choice for an oilfield case, the same way a good family doctor is the wrong choice for heart surgery.

You do not have to understand all of it yourself. That is the lawyer's job. But you should know enough to ask the right questions and spot the lawyer who is in over their head. The next section gives you those questions.

Talk to Guy

If something like this happened to you or someone in your family, and you want to talk it through with a lawyer, I am available for a free conversation. No pressure and no obligation.

Call or text (210) 460-0569

What else this guide covers

The seven pages above are the foundation. This guide goes deeper on the specific ways oilfield workers get hurt and the specific legal issues that follow. As those pages are published, they will be linked here. I will keep adding new information and data to this guide over time.

On the hazards: hydrogen sulfide, or H2S, the invisible sour-gas poison that can kill in a breath or two. Falls from height on derricks, rig floors, and tank batteries. Struck-by and caught-between injuries, the leading on-site killer. Oilfield trucking and hot shot crashes, where the danger moves from the lease road to the highway. Frac operations and silica dust, a hazard that can take years to show up in a worker’s lungs. Burn injuries from flash fires, explosions, and pipeline ruptures. And refinery and downstream incidents, the plant-side dangers that look different from wellsite work.

On the legal issues: wrongful death, and what a family can recover when a worker does not come home. Permian Basin cases and how they differ from the Eagle Ford. Pipeline worker injuries and their unusual liability picture. The borrowed servant doctrine, which decides whether the company controlling your work counts as your employer. MSA indemnity fights, where the companies and their insurers argue over who pays. The strict deadlines that can end a case before it is filed. The expert witnesses who explain a case to a jury. How an OSHA investigation becomes evidence. Insurance coverage and who actually pays. What to expect at mediation. And a running record of recent Texas oilfield verdicts and settlements.

If your situation is not on this list, it is still worth a conversation. Oilfield cases come in every shape.

How to choose a lawyer for an oilfield case

You may not trust lawyers. I understand that. I do not trust a lot of them either. In the oil patch, the lawyer is often the person who wrote the contract that put the risk on the worker, or the person the safety man called to help the company after somebody got hurt. That distrust is earned.

So do not take my word that you need the right lawyer. Test any lawyer you talk to, including me. Here is how.

Questions to ask any lawyer you are considering for an oilfield case
  • Ask if they know what Chapter 95 is and whether it applies to your situation. If they hesitate, that tells you something.
  • Ask if they know what a Master Service Agreement is and how it could affect who pays in your case. Then ask about their experience drafting, negotiating, and interpreting complex contracts like these.
  • Ask whether your employer was a subscriber or a non-subscriber to workers' compensation, and what that difference means for you.
  • Ask who will actually handle your case day to day, and whether the firm works with experienced co-counsel on serious oilfield cases.
  • Ask how the fee works, what expenses they pay up front, and what happens if the case is lost.
  • Ask how they would go about finding every company that shares the blame, not just the easy one.
  • Ask them to explain something complicated in plain words. If they cannot, they will not be able to explain your case to a jury either.

A good lawyer will welcome these questions. A lawyer who gets weird and defensive about them is showing you the answer.

Talk to Guy

You do not have to work this out alone. If you are not sure what your next step is, call me. The conversation is free, and I will be straight with you about whether you have a case, even if the answer is no.

Call or text (210) 460-0569

About Guy Muller and how these cases are handled

I am an injury lawyer in San Antonio, Texas. My firm handles catastrophic injury and wrongful death cases. Oilfield and industrial injury is a focused part of that practice. You can read more about me on the attorney page and about the firm.

One thing about my background matters for these cases in particular. Before I started my firm, I spent years as in-house corporate counsel. I was Associate General Counsel for an experiential technology company, then General Counsel for a publishing company with a global footprint. A large part of that work was drafting and negotiating the same kinds of contracts that sit at the center of oilfield cases: master service agreements, independent contractor agreements, indemnity clauses, and limitation of liability language. Different industry, but the same architecture.

I have sat on the side of the table where Master Service Agreement and contracts get written, and sat in the boardrooms discussing risk mitigation strategies. I know what the drafter is trying to accomplish, how the words will be interpreted according to Texas law, where the leverage points are, and where the language tends to break when a real person actually gets hurt. I have spent years drafting and negotiating complex contracts, and know how Texas law and courts interpret the words in them.

About this firm

Guy Muller handles oilfield injury cases in association with The Stewart Law Firm, PLLC, of Austin, Texas. Stephen W. Stewart, founder of The Stewart Law Firm, has tried catastrophic oilfield and product liability cases throughout Texas for over twenty-five years and serves as Chairman of the Advisory Board for MADD-Texas. Co-counsel arrangements are governed by Texas Disciplinary Rule of Professional Conduct 1.04(f) and are made with written client consent and full disclosure.

What that means in plain terms: a catastrophic oilfield case gets handled with the attention, preparation, and resources it deserves from day one.

How the fee works is simple. There is no fee to talk. If we take the case, we work on a contingency fee, which means our fee comes out of money recovered in the case. If there is no recovery, you do not owe a fee. We front the case expenses. You can read more on the firm’s fees page.

If you would rather start with the firm’s main practice page for oilfield and industrial injury, that is here.

For Texas lawyers

If you are a Texas lawyer with an oilfield case and you want co-counsel who takes this work seriously, see the For Texas Lawyers page. Referral and co-counsel arrangements comply with Rule 1.04.

For Texas Lawyers

Common questions

Straight answers.

I got hurt at work. Can I even sue, or is workers' comp my only option? +

It depends, and that is the honest and real answer. If your employer carries workers' compensation, you usually cannot sue that employer directly, but you may still have a claim against another company, a third party, that helped cause the injury. If your employer is a non-subscriber, meaning it carries no workers' comp, you may be able to sue the employer itself. Either way, do not assume a comp check is all you can get. Find out who else was involved, and speak to a lawyer that can help.

What is Chapter 95 and why does everyone keep mentioning it? +

Chapter 95 of the Texas Civil Practice and Remedies Code can limit a property owner's liability in some contractor-injury cases, but only if the statute fits the facts and the plaintiff cannot prove the control and actual-knowledge requirements. It does not apply to every case, and it does not mean you have no claim. It changes what you have to prove. It is one of the first things a lawyer should check in an oilfield case, which is why it comes up so often.

Does it matter that I am not a U.S. citizen? +

A worker's immigration status does not automatically bar a personal-injury claim, but it can affect some employment and damages issues, so that question needs a case-specific analysis with counsel. If this is a concern for you or your family, raise it directly with any lawyer you talk to, and ask them to explain how they handle it.

My employer had me sign something on my first day. Does that hurt my case? +

Maybe, maybe not. New oilfield workers sign a stack of paperwork, and most never read it. Even the ones who read it usually do not fully understand it. Some of it can matter, including workers' comp elections and arbitration agreements. None of it should stop you from talking to a lawyer. Bring whatever you signed, or whatever you can get a copy of, to that conversation.

The company already offered me money. Should I take it? +

Be careful. Insurance companies often make a fast, low offer early, before anyone knows how serious the injury really is or how long recovery will take. Once you sign a release, the case is usually over for good. There is no harm in having a lawyer look at an offer before you accept it. If it is me, that review is free.

How long do I have to file an oilfield injury claim in Texas? +

In most cases, the deadline is two years, but filing alone is not enough; the plaintiff must also act diligently in getting the defendant served, and some claims have shorter deadlines or special notice rules. Two years sounds like a long time, but evidence disappears fast, so waiting works against you. If you are close to a deadline, talk to a lawyer right away.

I am worried about being fired or blacklisted if I make a claim. Is that fear real? +

Texas does recognize some anti-retaliation protections, but they are situation-specific; for example, Labor Code Chapter 451 protects employees who are fired or otherwise discriminated against for pursuing a workers' compensation claim in good faith. Fear of retaliation is one of the main reasons hurt workers stay quiet, and the companies know it. Knowing your protections is the first step.

What does it cost to hire a lawyer for this? +

Nothing up front. Oilfield injury cases are handled on a contingency fee. The lawyer's fee comes out of money recovered in the case, and the firm fronts the expenses. If there is no recovery, you do not owe a fee. The first conversation is always free.

I am not the injured worker. My family member was killed. What do we do? +

First, I am sorry. A wrongful death case is its own kind of case, with its own rules about who can bring it and what a family can recover. The most important early steps are to preserve evidence and to understand the deadlines, because they apply to your family too. A free conversation can walk you through what comes next, at whatever pace you need.

Texas lawyer with an oilfield case?

Co-counsel & referrals

Tell me what happened.

You can read every word of this guide without ever calling me, and that's on purpose. If you do want to talk, you'll get me. Free, confidential, no pressure.

Free consultation. No fee unless money is recovered in your case.

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