Fracking Injuries and Death Attorneys
While hydraulic fracturing or fracking of shale rock formations has unlocked vast reserves of oil and gas in shale formations under our soil, somewhere else a price may be paid. Many people are affected by fracking and chemical exposure. Others are affected by property damage. It may be paid on our roads when an innocent person is struck and killed by a rig truck. It may be paid by a property owner whose tap water is poisoned by fracking chemicals and natural gas.
West Virginia Fracking Lawyer: Representing Injured Workers
When an accident happens on the job, especially in industries like oil and gas, it can turn a person’s life upside down.
At Bailey, Javins & Carter, L.C., our fracking lawyers have a history of representing people who have been hurt while working, along with their families and neighbors.
Our fracking lawyers are focused on those who have been harmed by fracking and exposure to chemicals. The issues we deal with are so important that when lawmakers in West Virginia need to understand the dangers of fracking, they often come to us for information.
We’ve been defending the people of West Virginia for many years, and we’ve handled some of the most difficult and innovative legal cases against major companies, including those in the oil and natural gas sectors.
We see the physical, emotional, and financial burdens that people affected by fracking must carry. We work closely with our clients, using our deep background in this field to seek the greatest possible compensation for them.
Understanding the Dangers of Fracking in West Virginia
Fracking, or hydraulic fracturing, is a process used to extract oil and natural gas from the ground. It involves injecting a high-pressure mix of water, sand, and chemicals into rock formations. While it has led to a boom in energy production, it has also created a range of serious risks for both workers and the public.
These risks aren’t just theoretical; they can lead to life-altering injuries and damage. For workers, the job sites are often dangerous places where heavy machinery, volatile substances, and high-pressure systems are a constant presence. For communities living near these sites, the risks can be just as severe, affecting their health and the value of their property.
The drilling process itself can lead to accidents. Workers may be injured by explosions from natural gas or by accidents involving the heavy equipment used on site. The constant truck traffic associated with drilling operations also poses a risk to both employees and others on the road, leading to serious vehicle accidents.
Beyond the immediate risks, there are long-term concerns related to contamination. The chemicals used in the fracking process can seep into the groundwater, contaminating drinking water for nearby residents. This can cause a range of health issues, some of which may not appear for years.
These are just a few examples of the kinds of claims that can arise from fracking and drilling activities:
- Injuries from traffic: Accidents involving the large number of trucks moving to and from drilling sites.
- Explosions: Injuries caused by natural gas explosions.
- Water contamination: Harm from water that has been polluted by fracking activities.
- Ground damage: Claims for damage to property caused by drilling on neighboring land.
- Equipment accidents: Injuries from accidents involving heavy machinery.
- Chemical exposure: Injuries resulting from contact with chemicals.
- Property damage: Damage to a home or land as a direct result of fracking.
If you have been hurt or your property has been damaged by companies involved in fracking, the law says you are owed compensation for everything you have lost. However, getting that money is often a battle. Insurance companies that cover fracking operations rarely pay large claims willingly. In fact, they will often do whatever they can to minimize how much they have to pay out. To get the full and fair amount you deserve, it usually takes legal help, and this is a situation where we can provide support.
The Challenge of Taking on Large Corporations
When you’re facing a major oil and gas company and its insurance providers, it can feel like a one-sided fight. These companies have huge financial resources and a team of lawyers whose job is to protect them. They may try to delay the process, offer a settlement that’s far too low, or even deny your claim outright. They count on the fact that an individual may not have the resources or the persistence to fight them.
That’s where a law firm like ours comes in. We regularly stand up to large companies and their insurers, and we are not intimidated by their size or resources. We have a background in litigation and are strong negotiators. From the very beginning, we build your case with the understanding that it might go all the way to a trial. We do this because our success in the courtroom often gives the other side a good reason to offer a fair settlement without having to go to trial.
If they are not willing to negotiate in good faith, however, we are ready and able to pursue full compensation through all necessary legal channels. Our commitment is to our clients, and we will not back down from a fight when it is needed.
Our team understands the laws related to industrial accidents and environmental damage. We know how to investigate a claim, gather evidence, and build a strong argument. This might involve reviewing medical records, consulting with scientists and engineers, and documenting all the ways your life has been affected. We work to show the full extent of your losses, including medical bills, lost wages, and the emotional and physical pain you have endured.
West Virginia Fracking Lawyers Focused on Compensation and Justice
The goal in any legal case is to get justice for our clients. This means not only holding the responsible parties accountable but also securing the financial support needed to help our clients move forward.
The compensation you receive can cover a wide range of costs. For example, it can pay for your medical treatment, including future medical care that you might need. It can also replace wages you have lost because you were unable to work. In cases where an injury has a permanent impact, it can cover the cost of long-term care and other life changes.
But it’s not just about the money. For many of our clients, a successful lawsuit is about making sure what happened to them doesn’t happen to someone else.
It’s about sending a message to large corporations that they cannot operate in a way that puts people at risk without facing consequences. This is why we are so dedicated to our work. We believe that everyone, no matter how big the company they are going against, deserves to have their voice heard and their rights protected.
If you or a loved one has been harmed by a fracking-related incident, remember that you don’t have to face this challenge alone. The legal system can be complex, and navigating it without guidance can be overwhelming.
We are here to help. We are ready to review the details of your situation and talk about how we can help you fight for the compensation you deserve. Our history of representing people in West Virginia shows our commitment to standing up for the community and ensuring that those who have been wronged get a chance to make things right.
What Are Some Legal Options for Injured Fracking Workers in West Virginia?
Working in the oil and gas industry is among the most dangerous occupations in the US, with a workplace fatality rate of nearly 8 times the all-industry average. Those in this industry work long hours with lots of overtime, and by the end of the day, they are often beyond the point of exhaustion. Throughout the day, they frequently work in a fast-paced environment using all types of hazardous equipment and often working on highly elevated platforms.
Some workers also spend a lot of time transporting supplies to and from well sites, many of which are located in mountainous and rural areas where the roads lack basic safety features, such as firm shoulders and roadside barriers.
Because of the risks on the job, fracking workers are susceptible to a wide range of accidents and injuries, including:
- Slips, trips, and fall accidents;
- Collapsed rigs;
- Well blowouts;
- Industrial chain accidents;
- Defective machinery and equipment failures;
- Fires and explosions;
- Electrocutions;
- Contaminated water;
- Exposure to toxic fumes and other dangerous substances;
- Transportation accidents.
If you have been injured in a work-related accident, you are entitled to benefits from workers’ compensation. However, workers’ comp benefits do not provide compensation for noneconomic losses such as pain and suffering and emotional distress. This is why it is important to have your case reviewed by an attorney who understands all of your legal options.
For those who are injured or for the families of those who are killed in work-related fracking accidents, it may be possible to recover damages (over and above what you are receiving from workers’ comp) through a legal claim against a third party that may have been responsible for the injury. And in some cases, you may even be able to file a lawsuit against your employer.
A large number of oil and gas worker injuries happen as a result of transportation accidents, and in cases like these, there is a good chance that you might be able to bring a personal injury lawsuit against the driver of another vehicle that caused the accident, or against a government entity if they failed to maintain safe roads.
Another common instance of third-party negligence is when a subcontractor is brought in by the fracking company to perform a certain task and that subcontractor causes injury to a worker. In this case, you can sue the subcontractor directly or damages.
Product makers are also common contributors to workplace accidents. When they produce faulty or dangerous equipment that malfunctions and causes a worker to become injured, that worker can bring a product liability claim against the manufacturer, distributor, or other parties in the product’s supply chain.
Finally, if it can be shown that the fracking company intentionally placed you in harm’s way and this caused the workplace injury, you may qualify to file a personal injury claim directly against your employer under the legal theory known as “deliberate intent”. Examples of deliberate intent may include failure to provide an employee with adequate training or failure to provide the employee with adequate protection for the job they are asked to perform.
Deliberate intent claims are very complicated, and there is a high burden of proof on the plaintiff to show that the workplace injury resulted from the employer’s intentional actions. That said, winning these types of cases is not impossible, and we can thoroughly examine your specific circumstances to determine if this might be a viable option in your case.
Free Initial Consultation with A West Virginia Fracking Injury Attorney
Fracking is a very dangerous procedure that frequently causes injuries and damage not only to industry workers, but to those in the community as well. If you or someone close to you has suffered injury or loss because of this activity, you need strong legal counsel in your corner advocating aggressively for your rights and interests.
Contact our firm to schedule a free consultation with our fracking accident attorneys in Charleston, Logan or Summersville. We will fully assess your case and explore every potential legal avenue toward recovering maximum compensation.
We handle all personal injury and wrongful death cases on a contingency basis. We don’t get paid unless you do.