Bozeman, MontanaBozeman Oil Field Accident
Bozeman Oil Field Accident Lawyers: Help for Gallatin Valley Workers Injured in the Bakken and Eastern Montana Fields
Boland Aarab PLLP.
Gallatin County has no major oil fields, but many Bozeman-area residents work rotations in the Bakken and eastern Montana. If you live here and were hurt on a rig or well site, workers’ comp covers your employer, and you may also have a claim against the operator or another contractor. Where it happened decides where it is filed.
Injured working in the oil patch and home in the Gallatin Valley? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why does a Bozeman firm page talk about oil field injuries?
Because the injured worker often lives here even though the rig does not. We want to be straight about the local picture:
- The work is elsewhere. Montana’s oil and gas production is concentrated in the northeastern and eastern part of the state, in counties like Richland, and across the North Dakota line in the Bakken. Gallatin County is not an oil-producing area.
- The workers commute. Rotational schedules, such as two weeks on and one off, let people keep a home in Bozeman, Belgrade, Manhattan or Three Forks and drive or fly to the field. Many travel I-90 east through Billings or fly out of Bozeman Yellowstone International Airport.
- The recovery happens here. After emergency treatment near the site, or at a trauma center in Billings, injured workers come home to Gallatin County for months of follow-up care, surgery and therapy, often at Bozeman Health facilities.
- The travel is part of the risk. Long drives at the start and end of a hitch, after 12-hour shifts, contribute to crashes. If you were driving a company truck or were paid for travel, a crash may be work-related.
That split, with the injury in one place and the life in another, is what makes these cases complicated, and it is why the first question we ask is where the injury happened and which companies were on the site.
What happens after an oil field injury when you live in Bozeman?
Reporting and the comp claim. Report the injury to your employer in writing right away; in Montana, notice is due within 30 days (§ 39-71-603, MCA). If you were hurt in North Dakota, that state’s workers’ compensation system may apply instead of, or in addition to, Montana’s, depending on where you were hired and where you usually work. That question needs an answer early.
Preserving the site evidence. Well-site conditions change daily. The operator’s incident report, the drilling contractor’s daily tour sheets, job safety analyses, and any hydrogen sulfide or gas-monitor data should be requested and preserved at once. Photographs taken by co-workers can be critical.
Where a lawsuit is filed. A third-party claim is usually filed where the injury happened or where a defendant is located. For a Montana field injury, eastern counties such as Richland fall in the federal court’s Billings Division (D. Mont. L.R. 1.2). In some cases, for example where a defendant company is based or does business in Gallatin County, the Eighteenth Judicial District Court in Bozeman (§ 3-5-101, MCA) or the federal court’s Butte Division may be an option. A North Dakota injury may belong in North Dakota. We review the choices with you before anything is filed.
Montana law that applies
Our Montana oil field and oil rig accident lawyer page explains the rules in depth:
- Workers’ comp is usually the only remedy against your own employer (§ 39-71-411, MCA), but you can sue other companies whose negligence caused the injury (§ 39-71-412, MCA).
- OSHA’s general industry standards (29 C.F.R. part 1910) cover most drilling and servicing work (OSHA interpretation, 2009).
- Oilfield truck drivers have special hours-of-service rules, including a 24-hour restart (49 C.F.R. § 395.1(d)).
- Most Montana injury and wrongful-death lawsuits must be filed within three years (§ 27-2-204, MCA). Other states’ deadlines can be shorter.
Why hire a Great Falls firm for a Bozeman case?
Oil field cases routinely cross county and state lines, so no one’s “local” office is local to all of it. We are based in Great Falls and take cases throughout Montana. Our attorneys meet clients in Bozeman and travel to the field, to Billings, to Butte or wherever depositions, hearings and trial take place. We have no Bozeman office. We handle these cases as trial lawyers, with federal-court experience when the defendants are out-of-state energy companies.
The Boland Aarab Way
- We go where the case is. Our attorneys have tried cases in Cascade, Phillips, Meagher and Yellowstone Counties and have more than 4,000 hours in the courtroom.
- Federal court experience. More than 40 cases in Montana’s U.S. District Court over nine years; Samir Aarab has argued twice before the Ninth Circuit.
- Appellate backup. Our appellate record reaches back to 1977.
- Trial bar members. AAJ and MTLA; Samir Aarab is also a Public Justice member.
We also handle workplace injury cases in Bozeman and burn injury cases in Bozeman. See our Bozeman personal injury page.
Frequently Asked Questions
I live in Bozeman but was hurt on a rig in North Dakota. Can a Montana lawyer help? We can evaluate the case and explain your options. Whether it must be filed in North Dakota, and which state’s workers’ comp applies, depends on the facts. Where North Dakota counsel is needed, we will tell you.
Can I sue the oil company that ran the well site? Often, if it is not your direct employer and its negligence contributed. Operators, drilling contractors, service companies and equipment makers can all be third parties.
I was hurt driving home to Bozeman after my hitch. Is that a work injury? It can be, especially if you were in a company vehicle or paid for travel. It may also be a claim against another driver. We look at both.
Where would my case be filed if I was hurt in eastern Montana? Usually in the county where it happened or where a defendant is located. Federally, eastern counties such as Richland are in the Billings Division; Gallatin County is in the Butte Division.
How soon should I contact a lawyer? Right away. Site conditions change daily, and incident reports, gas-monitor data and maintenance records need to be preserved before they are overwritten or lost.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
