Helena, MontanaHelena Oil Field Accident
Helena Oil Field Accident Lawyers: Oil Rig Injuries, Well-Site Explosions and Oilfield Truck Crashes for Helena-Area Workers
Boland Aarab PLLP.
Helena is not oil country. The wells are in the Williston Basin, hundreds of miles east, but many Helena-area workers travel there on rotation. When one is hurt, the lawsuit usually belongs where the injury happened, while workers’ compensation runs through a court and agencies based in Helena. Which court and which state’s law apply comes first.
Key Takeaways
- 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).
- A Montana injury lawsuit is generally filed where a defendant resides or where the injury happened. Against an out-of-state corporation, it can also be filed where the injured worker lives (§ 25-2-122, MCA).
- Most injury and wrongful-death lawsuits must be filed within 3 years (§ 27-2-204, MCA).
Hurt in the oil field, or lost a family member, and home in the Helena area? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does an oil field injury connect to Helena?
In three ways, and each one matters to the case.
Where you live. Montana’s oil production is concentrated in the northeast, in Richland, Roosevelt and Sheridan Counties and the Montana share of the Bakken. Across the line, North Dakota’s Bakken is much larger. Helena-area workers drive or fly out for hitches and come home to recover. Under Montana’s venue statute, a case against an out-of-state corporation may be filed in the county where the injured person lives. For a Helena worker hurt in Montana by an out-of-state operator or contractor, that can mean the First Judicial District Court in Helena. The rule works differently for Montana companies and for injuries outside Montana, so this is the first question we answer.
Where the case might be heard federally. The District of Montana’s divisions follow county lines. Richland County is in the Billings Division. Roosevelt, Sheridan and Daniels Counties are in the Great Falls Division. Lewis and Clark County is in the Helena Division, at the Paul G. Hatfield Federal Courthouse on Front Street (D. Mont. L.R. 1.2). Oilfield defendants are often out-of-state companies that remove cases to federal court, so the division can depend on how and where the case is filed.
Where the workers’ comp claim lives. Montana’s system is run from Helena. The Department of Labor & Industry is based there, Montana State Fund’s headquarters is on Front Street, and benefit disputes go to the Workers’ Compensation Court at 1625 11th Avenue. If you were hired or injured in North Dakota, that state’s workers’ compensation system and its rules may control instead. Get advice before you sign anything with any insurer.
The Montana Board of Oil and Gas Conservation, which regulates wells, has its principal office in Billings and an administrative office in Helena. Its well records can help identify the operator of a site.
What happens after an oil field accident?
- Emergency care near the site, then transfer. Well sites are remote. Serious injuries are often stabilized at a local hospital and transferred. Workers who come home to Helena usually continue care at St. Peter’s Health or with Helena specialists. Keep every record from every state.
- Report the injury to your employer in writing within 30 days (§ 39-71-603, MCA) if Montana comp applies. Other states have their own deadlines.
- Identify every company on the location. The operator, the drilling contractor, the service companies, the trucking company and the equipment rental firm. Montana apportions fault among all of them (§ 27-1-703, MCA).
- Preserve the evidence. Failed equipment, gas-detection logs, permits and job-safety analyses disappear when the site is cleaned up or the equipment goes back to the rental yard. A preservation demand should go out early.
- Don’t give recorded statements to another company’s insurer before getting advice.
The drive is part of the job. Many oilfield injuries to Helena-area workers happen on the road: crew trucks, water haulers and hotshot trucks on long two-lane highways between home and the patch. Commercial trucks follow federal safety rules, with narrow oilfield exceptions to the hours-of-service limits (49 C.F.R. § 395.1(d)). A crash caused by another company’s truck is a third-party claim.
Montana law that applies
When Montana law governs: comp is exclusive against your employer, except for an injury specifically and actually intended (§ 39-71-413, MCA). Third-party claims survive. The comp insurer’s lien on a third-party recovery is limited (§ 39-71-414, MCA). A seller of defective, unreasonably dangerous equipment can be strictly liable (§ 27-1-719, MCA). Oil field contracts often shift the costs among companies through indemnity clauses, but they don’t change who was at fault. For the full discussion of explosions, OSHA standards and oilfield trucking, see our Montana oil field accident lawyer page.
Why hire a Great Falls firm for a Helena case?
Because an oilfield case from Helena is really a statewide case. The injury happened in one county, the worker lives in another, and the defendants are usually from out of state. We are based in Great Falls, handle cases across Montana, and travel wherever the case requires: to the well site, to depositions in Billings or Sidney, and to trial. We will also tell you honestly if your case belongs in North Dakota and needs lawyers licensed there.
The Boland Aarab Way
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, the court where many oilfield cases against out-of-state companies end up.
- We try cases across Montana. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties.
- We handle the gravest losses. We resolved Estate of Alexander v. Cascade County, a civil-rights and wrongful-death case, for $550,000 (case summary).
- We put in the courtroom time. Our attorneys have spent more than 4,000 hours in the courtroom.
We also handle workplace injuries in Helena, burn injuries in Helena and other Helena personal injury cases.
Frequently Asked Questions
I live in Helena but was hurt on a rig in eastern Montana. Can my case be filed in Helena? Sometimes. Against an out-of-state corporation, Montana law allows venue where the injured person lives (§ 25-2-122(2), MCA). Against a Montana company, venue is generally where the injury occurred or where the defendant resides.
What if I was hurt in North Dakota? North Dakota law and courts may control, including its workers’ compensation rules. We will tell you honestly whether we can handle the case, and help you find counsel there if not.
Where do Montana workers’ comp disputes go? To the Workers’ Compensation Court in Helena, at 1625 11th Avenue. Its final decisions are appealed directly to the Montana Supreme Court.
Can I sue the operator if I worked for a service company? Often, yes. A company other than your employer whose negligence caused the injury is a third party (§ 39-71-412, MCA), even if you were working on its location.
Who pays if a water hauler hit my crew truck on the way to the site? The trucking company and its insurer, in a third-party claim, in addition to any workers’ comp benefits you receive for the injury.
Talk to a Helena Oil Field Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 25-2-122, MCA · § 39-71-411, MCA · § 39-71-412, MCA · § 39-71-413, MCA · § 39-71-414, MCA · § 39-71-603, MCA · § 27-1-703, MCA · § 27-1-719, MCA · § 27-2-204, MCA · 49 C.F.R. § 395.1 · D. Mont. L.R. 1.2 · Board of Oil and Gas Conservation
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
