Missoula, MontanaMissoula Oil Field Accident
Missoula Oil Field Accident Lawyers: Bakken Injuries, Oil Rig Accidents and Oilfield Trucking Crashes for Western Montana Workers
Boland Aarab PLLP.
There are no oil rigs in the Missoula valley, but plenty of Missoula-area workers earn their living in the oil patch, working hitches in the Bakken and eastern Montana and driving home across the state between rotations. If you were hurt on a rig, a well site or an oilfield truck route, you may have a claim against companies other than your employer, and as a Montana resident you may be able to bring it closer to home.
Key Takeaways
- Workers’ comp is usually the only remedy against your employer (§ 39-71-411, MCA), but you can sue other companies whose negligence caused the injury (§ 39-71-412, MCA).
- When the defendant is a company incorporated outside Montana, a Montana case may be filed in the county where you live (§ 25-2-122(2), MCA).
- An injury in North Dakota is usually governed by North Dakota law and deadlines. Call early.
Hurt working in the oil field and back home in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why does a Missoula oil field injury case look different?
Because the injury usually happens hundreds of miles away, and the recovery happens here.
- The commute is part of the risk. Rotational workers often drive long distances at the start and end of a hitch, across I-90 and U.S. 2 or U.S. 12, sometimes after long shifts. Fatigue-related crashes on the way to or from a well site can raise both workers’ comp and third-party questions, depending on who was driving, whose vehicle it was and whether travel was part of the job.
- The companies are rarely local. Operators, drilling contractors, well-service companies and equipment makers are usually based in Texas, Oklahoma, North Dakota or elsewhere. Montana’s venue statute allows a tort case against an out-of-state corporation to be filed where the tort was committed, where the plaintiff lives, or where the company’s resident agent is located (§ 25-2-122(2), MCA). For a Montana crash or injury, a Missoula resident may be able to file in Missoula County.
- Which state’s law applies matters. An injury on a North Dakota rig raises North Dakota workers’ comp rules, which differ sharply from Montana’s, and North Dakota deadlines. An injury in eastern Montana is governed by Montana law. We sort out where a claim can and should be brought before any deadline runs.
- Long-term care happens here. A worker hurt in the field may be treated first near the site and then come home to western Montana for surgery, rehabilitation and follow-up. Providence St. Patrick Hospital is western Montana’s ACS Level 2 / State Regional Trauma Hospital, and Community Medical Center is a Community Trauma Hospital (DPHHS). Your Missoula doctors, therapists and family become key witnesses to how the injury changed your life.
What happens after an oil field accident for a Missoula worker?
- Report the injury to your employer and make sure a written incident report exists. Ask for a copy.
- Write down every company on location: the operator, the drilling or service contractor, the crane or trucking company, and any equipment rental company. Third-party claims come from that list.
- Keep your records together: medical records from the field and from home, pay stubs showing hitch pay and overtime, and texts or emails about the incident.
- Do not sign releases from an operator’s or contractor’s insurer without advice. Many oilfield contracts shift risk between companies, and the paperwork matters.
- Where the case is heard. A Montana case filed in Missoula County goes to the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway. Out-of-state defendants often remove to federal court; for a Missoula County filing, that is the Missoula Division at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). The defense may ask to move a case closer to the well site, and venue can itself become a contested issue.
Montana law that applies
For more on rig hazards, contracts and damages, see our Montana oil field accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
Oil field cases cross county and state lines by nature. We are based in Great Falls and handle cases statewide, and we are used to cases where the injury, the companies and the client are in three different places. Our attorneys travel for depositions, site inspections, hearings and trial, and we can meet you in Missoula or by video between hitches.
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, and Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 verdict we won in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. The attorneys handling your case are the ones who answer your calls.
We also handle Missoula workplace injury and Missoula burn injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
I live in Missoula but was hurt on a rig in eastern Montana. Can I file in Missoula County? Possibly. When the defendant is a company incorporated outside Montana, Montana law allows filing in the county where the plaintiff lives. Venue can still be contested.
I was hurt in North Dakota. Can a Montana lawyer help? We can evaluate the claim and the deadlines. North Dakota law and courts may govern, and North Dakota’s workers’ comp system is different from Montana’s, so early advice matters.
Can I sue my own employer for an oil field injury? Usually not; workers’ comp is the exclusive remedy against your employer. You can usually sue other negligent companies on the site.
I crashed driving home to Missoula after a long hitch. Is that a work injury? It depends on the facts, including whose vehicle it was, who was driving and whether travel was part of the job. Both comp and third-party claims may be possible.
Where would my Missoula County oil field case be heard? In the Fourth Judicial District Court at the Missoula County Courthouse, unless it is removed to the federal Missoula Division or moved by the court.
Talk to a Missoula Oil Field Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
