In the high-risk world of oil rig work—whether offshore on the Gulf or at an inland drilling site—a single moment can change everything. Explosions, equipment failure, and dangerous working conditions frequently lead to catastrophic injuries. Unfortunately, oil rig accidents are more common than many realize.
However, the legal path to justice isn’t always straightforward for victims and their families. Is your case governed by maritime law or Texas personal injury law? The difference can determine how much compensation you’re eligible to receive and who is held accountable.
At The Burkett Law Firm, we’ve helped injured workers in Corpus Christi and across South Texas understand and navigate these complicated claims for over 40 years. Led by David T. Burkett, a Board-Certified Personal Injury Trial Lawyer in Texas, our firm knows what it takes to build a winning case, whether it’s under the Jones Act or the Texas civil court system. We’re not just lawyers—we’re trial-tested advocates with deep roots in the Coastal Bend.
As a Corpus Christi injury lawyer with a long-standing reputation for protecting oilfield and offshore workers, David Burkett brings a level of legal skill and personal commitment that sets our firm apart. “When a client comes to us after an oil rig accident,” he says, “they’re not just looking for answers—they’re looking for someone who knows how to fight for their future. And that’s what we do.”
We Help You Recover Compensation
We’ve handled severe cases involving oil rig explosions, offshore falls, crane malfunctions, and even wrongful death on the water. Our team understands the intricacies of both maritime and Texas injury law because we’ve stood in court and fought those battles firsthand.
One former client shared:
“After my offshore injury, I didn’t know where to turn. The Burkett Law Firm explained everything clearly and made sure I got the compensation I deserved. They treated me like family.”
This blog will break down the key differences between maritime and personal injury suits, explain what qualifies under each system, and help you determine the best legal route forward. If you’ve been hurt in an oil rig accident, understanding this distinction could mean the difference between a low settlement and the full recovery you deserve.
If you’re searching for a Corpus Christi oil rig accident lawyer who understands both the Jones Act and Texas personal injury law, you’re in the right place. Let’s dive into what sets these two legal systems apart.
What Qualifies as an Oil Rig Accident?
Oil rig work—especially offshore—ranks among the most dangerous jobs in the country. Accidents can occur in the blink of an eye, leaving workers with devastating injuries and long-term consequences. Understanding whether your accident qualifies for a maritime injury claim or a Texas personal injury lawsuit begins with the type of incident and where it happened.
Common Oil Rig Accidents We See at The Burkett Law Firm
As a trusted Corpus Christi oilfield injury attorney, David Burkett and our team have handled a wide range of serious injury claims involving:
- Explosions and fires caused by gas leaks, blowouts, or improperly maintained equipment
- Falls from elevated platforms, ladders, or derricks—often due to slippery conditions or lack of proper fall protection
- Crane, hoist, and machinery failures are frequently tied to operator negligence or defective parts.
- Toxic chemical exposure resulting in respiratory illness, skin burns, or long-term internal damage
- Being struck by swinging loads, dropped tools, or heavy equipment in high-traffic rig zones.
- Electrocutions and electrical fires from faulty wiring or outdated systems
- Transportation accidents involving boats or helicopters used to access offshore rigs
Each of these incidents can result in injuries such as spinal cord trauma, traumatic brain injuries (TBI), burns, amputations, or even wrongful death. If you’ve suffered any of these outcomes, you may qualify to pursue substantial compensation under either the Jones Act or Texas civil liability laws—but the correct legal approach depends heavily on where the accident occurred and your role at the time.
Location Matters: Offshore vs. Onshore Injuries
- Offshore oil rig accidents—including those occurring on jack-up rigs, semi-submersibles, drilling ships, or production platforms—typically fall under maritime law, including the Jones Act, Maintenance and Cure, and General Maritime Law.
- Onshore oilfield accidents—on drilling sites, fracking operations, or pipeline jobs within Texas—are generally covered under Texas personal injury law or workers’ compensation, depending on your employment classification.
Key Differences Between Maritime and Personal Injury Law
Oil rig accident cases are complex, not just because of the injuries involved, but because the type of law that applies can completely change the outcome. You’re not alone if you’re unsure whether your case falls under maritime law or Texas personal injury law. Many injury victims are unaware that the location of the accident, your job classification, and even the type of rig can all influence your legal rights.
As a maritime injury attorney in Texas and a Corpus Christi injury lawyer with over 40 years of trial experience, David Burkett understands how critical it is to choose the correct legal route from the start.
Here’s a breakdown of the most important differences between the Jones Act/maritime law and Texas personal injury law:
Jurisdiction and Location
- Maritime Law: Applies to offshore accidents—typically those that occur on navigable waters, such as the Gulf of Mexico, or on vessels like drilling ships or floating rigs.
- Texas Personal Injury Law: Applies to land-based oilfield accidents, including fracking sites, inland wells, and pipeline work.
Pro tip: Even rigs near shore may qualify as offshore under federal law. Our team knows how to classify your worksite correctly to maximize your claim.
Who Can File a Claim
- Jones Act (Maritime): Only workers classified as “seamen” (spending at least 30% of their time on a vessel) are eligible to file.
- Texas Civil Law: Any injured party, including oilfield workers, contractors, or even bystanders, can pursue a claim if another party was negligent.
Burden of Proof
- Jones Act: You only need to prove some employer negligence, known as a “featherweight” burden of proof.
- Personal Injury Law: You must prove that the defendant’s negligence was the direct cause of your injury, which usually requires more evidence.
David Burkett says, “Maritime claims often favor the injured worker in terms of burden of proof, but the key is knowing whether you qualify under the Jones Act. We help clients make that call early.”
Statutes of Limitation
- Jones Act: You have three years to file a claim from the date of the injury.
- Texas Personal Injury Law: You typically have two years to file a lawsuit in state court.
Missing the deadline could bar your recovery. That’s why it’s critical to speak with a qualified oil rig accident lawyer in Corpus Christi as soon as possible.
Type of Compensation Available
- Maritime Law: Includes medical bills, lost wages, pain and suffering, and in some cases, punitive damages for unseaworthiness.
- Texas Law: Covers similar categories but may also include non-economic damages like mental anguish or exemplary damages in cases of gross negligence.
At The Burkett Law Firm, we don’t rely on guesswork. We accurately evaluate your case, drawing from decades of experience in maritime and personal injury law. Whether you’re a seaman injured offshore or a worker hurt in an oilfield explosion, we know how to pursue the maximum recovery under the law that best fits your situation.
Understanding the Jones Act and Maritime Claims
When an injury happens offshore—on a drilling ship, jack-up rig, or production platform—your case may fall under the Jones Act, a federal law that gives injured seamen the right to sue their employer for negligence. This legal protection is specifically designed for workers who spend a significant portion of their time at sea. Unlike typical workers’ compensation, the Jones Act allows injured offshore workers to seek full compensation for damages, not just basic benefits.
To qualify as a “seaman” under the Jones Act, you must:
- Spend at least 30% of your work time aboard a vessel in navigable waters
- Contribute to the function or mission of that vessel
- Be employed in a role directly connected to the operation of the ship or rig
This includes workers on:
- Jack-up rigs
- Semi-submersible rigs
- Drillships
- Supply vessels
- Floating production platforms
At The Burkett Law Firm, we’ve handled numerous Jones Act claims for offshore workers in the Gulf of Mexico and surrounding waters. Our firm understands the maritime environment and how employers often cut corners on training, safety protocols, and maintenance. These failures can lead to catastrophic injuries that forever impact a worker’s life.
Compensation You May Receive Under the Jones Act
Victims filing under the Jones Act may be eligible for:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish
- Compensation for disfigurement or disability
In addition to Jones Act negligence claims, injured offshore workers may also have a case for:
- Unseaworthiness: When a vessel is unsafe for its intended purpose
- Maintenance and Cure: A no-fault system that provides medical care and daily living expenses until maximum recovery
David Burkett brings decades of experience to these complex claims. He’s not only a Corpus Christi injury lawyer, but one with an understanding of federal maritime statutes and how they apply to oilfield workers. “We’ve seen firsthand how oil companies neglect safety offshore,” Burkett says. “When they do, we hold them accountable in court.”
If your accident occurred offshore, and you believe your employer was at fault, you may be entitled to more than basic compensation. Understanding your rights under maritime law is the first step toward financial recovery—and we’re here to guide you every step of the way.
Texas Personal Injury Claims for Oilfield Accidents
While offshore injuries fall under maritime law, many serious oilfield accidents happen on land—at drilling sites, fracking operations, and pipeline construction zones across Texas. The Jones Act does not govern these cases but falls under Texas personal injury law, providing a different legal framework and compensation process.
If you were hurt while working at an onshore oilfield site, you may be entitled to file a personal injury lawsuit if:
- Your employer does not carry workers’ compensation insurance
- A third party (such as an equipment manufacturer or contractor) caused or contributed to the accident
- The incident involved gross negligence, unsafe working conditions, or an ignored known hazard.
As a seasoned Corpus Christi oilfield injury attorney, David Burkett knows how to aggressively investigate and pursue these cases. We often represent workers who have suffered:
- Crush injuries from falling rigs or machinery
- Burns from chemical leaks or fires
- Head and spine injuries caused by falls or dropped tools
- Repetitive trauma from overexertion or unsafe equipment
Personal Injury Suits
Unlike maritime claims, Texas personal injury suits may involve:
- Filing in state court rather than federal court
- Establishing negligence through documentation, safety violations, or witness testimony
- Calculating damages based on Texas civil law, which allows for non-economic damages such as mental anguish, loss of enjoyment of life, and future impairment
One significant advantage is that Texas law allows lawsuits against multiple parties. For example, if faulty drilling equipment caused your injuries, the site owner and equipment manufacturer might be liable.
David Burkett has helped countless workers in the Corpus Christi region recover compensation in complex oilfield injury cases. “Oilfield operations are high-risk environments, and too often we see corners being cut in ways that put workers in danger,” he explains. “We make sure injured Texans get the justice—and the compensation—they deserve.”
Understanding the distinctions between maritime and personal injury cases is critical to getting the full recovery you’re entitled to.
Compensation Differences: What Victims Can Recover
One of the most important reasons for understanding the legal difference between maritime and personal injury claims is the impact on your potential compensation. The type of case you file determines not only what damages you can recover, but also how much and how quickly you may be able to secure them.
At The Burkett Law Firm, we’ve helped injured oilfield and offshore workers pursue maximum recovery under both systems. Our experience allows us to tailor each case to the legal framework that offers the most significant benefit to the client.
Compensation Under the Jones Act (Maritime Law)
If your oil rig accident falls under maritime law, and you qualify as a seaman, you may be entitled to:
- Maintenance and Cure: Daily living expenses and all necessary medical care, regardless of fault
- Lost Wages: Both current and future income losses due to your injury
- Medical Expenses: Emergency care, surgeries, rehab, and long-term treatment
- Pain and Suffering: Physical pain, emotional distress, loss of enjoyment of life
- Punitive Damages: In cases involving egregious employer misconduct or vessel unseaworthiness
David Burkett, a trusted maritime injury attorney in Texas, emphasizes,
“The Jones Act offers powerful tools for injured seamen—but only if you qualify. Getting that classification right from day one can make or break your case.”
Compensation Under Texas Personal Injury Law
Compensation is pursued through a civil lawsuit or third-party claim for land-based oilfield injuries. Victims may recover:
- Medical Costs: Current and future treatment, therapy, prescriptions, surgeries
- Lost Income: Missed work, diminished earning capacity
- Non-Economic Damages: Pain and suffering, emotional trauma, disfigurement
- Exemplary (Punitive) Damages: In cases of gross negligence, such as ignored safety hazards
Texas law also allows families to pursue wrongful death claims when a loved one dies due to oilfield negligence. These suits can recover funeral expenses, loss of financial support, and loss of companionship.
Whether you were injured offshore or in a West Texas oilfield, The Burkett Law Firm will evaluate every angle of your case to pursue the most complete compensation available under the law.
Why Choosing the Right Attorney Matters After an Oil Rig Accident
Choosing the right legal representation is one of the most critical decisions an injured oil rig worker can make. Because maritime and personal injury laws differ significantly in how claims are filed, what evidence is needed, and the damages that can be recovered, hiring an attorney who understands both systems is essential to protecting your rights and securing full compensation.
Why You Need an Experienced Attorney Who Understands Both Systems
At The Burkett Law Firm, we offer more than just legal support—we understand the complex legal frameworks that govern oil rig accidents in Texas and the Gulf of Mexico. Whether your case involves the Jones Act or Texas personal injury law, our team can guide you through every step clearly and confidently.
Here’s why that matters:
- Correct Case Classification: Filing the wrong type of claim can delay your case, cost you financially, or result in outright dismissal. We analyze jurisdiction, your job duties, and the nature of the rig to determine whether maritime or civil law applies.
- Maximized Compensation: Our dual focus allows us to identify all potential economic and non-economic damages across both legal systems. This helps ensure that no source of recovery is overlooked.
- Litigation-Ready Representation: Whether your case ends in negotiation or goes to trial, David Burkett, a Board-Certified Personal Injury Trial Lawyer, has the litigation skills to protect your interests in any courtroom. He’s served Corpus Christi and South Texas for over 40 years.
David Burkett explains,
“We’ve handled oilfield cases from land rigs in West Texas to offshore platforms in the Gulf. Our job is to give clients confidence that they’re on the right legal path—and that we’ll fight for them every step of the way.”
With a reputation for client-centered service and proven results, our law firm stands out as a leading oilfield injury law firm in Corpus Christi. In the next section, we’ll share a real-world case outcome and testimonial that show the impact of choosing the right legal team after a severe oil rig accident.
Real Results: A Client Story That Shows the Difference
At The Burkett Law Firm, our reputation isn’t built on promises—it’s built on results. One of the most powerful ways to demonstrate the importance of hiring the right lawyer is through real client experiences. Below is a brief story that illustrates how our deep knowledge of maritime and personal injury law helped secure justice for an injured offshore worker.
Offshore Injury Case Example
- The platform was a vessel in navigable waters, qualifying the worker as a seaman under the Jones Act
- The employer failed to maintain safe walking surfaces and had ignored prior inspection warnings.
- The client was entitled to maintenance, cure, and damages for negligence and unseaworthiness.
By filing a claim under the Jones Act, we helped the client recover significantly more than a basic injury settlement would have offered, including pain and suffering damages and compensation for future lost earnings.
The client later said, “I thought I had no options. David Burkett and his team took the time to explain everything and never gave up. I walked away with not just a settlement, but justice.”
These outcomes are possible because we don’t dabble in oilfield accident law. We live and breathe it. We know the details that make a case maritime versus personal injury and how to hold companies accountable, no matter the jurisdiction.
Frequently Asked Questions: Oil Rig Accidents and Your Legal Rights
In the aftermath of a severe oil rig accident, workers and their families are often overwhelmed—not only by injuries and medical bills but also by uncertainty about what comes next. Below are some of the most common questions we hear at The Burkett Law Firm, along with clear, trustworthy answers to help you make informed decisions.
What’s the difference between a Jones Act claim and a personal injury lawsuit?
A Jones Act claim is a type of maritime law that applies specifically to seamen—workers who spend a substantial amount of time on vessels in navigable waters. It allows injured offshore workers to sue their employer directly for negligence.
Under Texas law, a personal injury lawsuit typically applies to land-based oilfield workers or those not classified as seamen. These lawsuits can be filed against employers (if they opted out of workers’ comp) or third parties responsible for the injury.
How do I know if I qualify as a “seaman” under the Jones Act?
To be considered a seaman, you must:
- Work on a vessel in navigable waters
- Contribute to the vessel’s mission or function
- Spend at least 30% of your time aboard the vessel.
If unsure, we can evaluate your job duties and work environment to determine eligibility.
What should I do immediately after an oil rig accident?
- Report the injury to your supervisor immediately.
- Seek medical attention—your health comes first.
- Do not sign anything or accept a settlement without speaking to an attorney.
- Contact a qualified lawyer, like David Burkett, who can determine the proper legal path and preserve evidence.
Can I sue my employer and another party at the same time?
Yes. In many oilfield cases—especially onshore—multiple liable parties may exist. For example, if your employer failed to provide safety training but a defective machine part also contributed to your injury, you may be able to pursue claims against both the employer and the manufacturer.
What’s the deadline to file a claim?
- Jones Act cases: 3 years from the date of the injury
- Texas personal injury lawsuits: 2 years from the date of the incident
Failing to file on time may permanently bar your claim. That’s why contacting a Corpus Christi injury lawyer quickly is essential.
How much does it cost to hire The Burkett Law Firm?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case. This allows you to focus on your recovery, not legal fees.
Take the Next Step: Get the Right Legal Help After Oil Rig Accidents
If you or a loved one has been injured on an oil rig—whether offshore or on land—the decisions you make today could shape your financial future for years to come. Choosing the correct legal path, understanding your rights under the Jones Act or Texas personal injury law, and working with a lawyer who knows the difference are all critical steps toward getting the justice you deserve.
At The Burkett Law Firm, we’ve been helping injured oilfield workers and their families for over 40 years. David T. Burkett, a Board-Certified Personal Injury Trial Lawyer, has earned a reputation throughout Corpus Christi and the Gulf Coast for aggressive advocacy, deep legal knowledge, and compassionate client service. We don’t just handle oil rig cases—we’ve built a legacy of fighting for the Texans who are hurt in some of the state’s most dangerous jobs.
Whether your injury occurred on a drilling platform in the Gulf of Mexico or at a South Texas fracking site, we can help you determine your best legal options. We offer free consultations and never charge a fee unless we recover compensation for you.
Contact us today to speak with an experienced oil rig accident lawyer in Corpus Christi. Let us protect your rights, pursue the compensation you deserve, and help you confidently move forward.
