Third-Party Liability in Oilfield Accidents: A Primer

*Informational only; not legal advice.

When Jason DeSouza talks about oilfield injuries, he doesn’t cast heroes and villains—he maps systems under pressure. A Canadian-born litigator now based in South Texas, he gravitated to trial work for the same reasons operators love the field: real stakes, real accountability, and the satisfaction of doing hard things well. Over time his practice moved into oil and gas, where incident scenes are never simple.

On a live location you might have an operator, a company man, a workover crew, water/vac trucks, testing hands, and multiple contractors working under different MSAs. By mid-day the scope shifts, a rod cup is past its service life, and the JSA written at 6:00 a.m. no longer fits the 2:15 p.m. task. When something breaks, it’s rarely one mistake—it’s a chain.

DeSouza’s first rule is straightforward: hospital first. Companies may ask for a drug screen; OSHA may request a statement; supervisors will want a debrief. None of that matters if the injured hand isn’t treated. After care, he recommends quiet documentation: note who was on site, the exact task and equipment, and—if safe—take photos. Your phone’s location history helps anchor the scene in time. Formal statements can wait until counsel explains the implications, because OSHA reports often default blame to the employer—even when a third-party contractor, a failed component, or a rushed scope change played the decisive role.

On drug tests he’s pragmatic: a positive can affect workers’ comp, but it doesn’t automatically end a third-party claim. Timing matters—metabolites aren’t impairment—and the mechanism of injury still has to be proven. That proof comes from experts—engineers, safety professionals, seasoned company men—who can show how a worn ring or hurried rig-up became a crushed thumb or a dropped string. His philosophy stays the same: prepare like it’s going to trial. Even if a case settles, that posture surfaces facts and improves outcomes.

Beneath the mechanics is culture. DeSouza argues real performance looks more like Toyota than a sprint: protect stop-work in practice, re-JSA when the job changes, maintain high-risk components on schedule, and reward the hand who pauses to think. Leaders set that tone; crews follow it.

The timeline is often the hardest part. Courts still feel the COVID backlog, and complex cases can take two to four years. There’s no shortcut around causation, fault, and indemnity; steady documentation and clear communication move cases forward.

In the end, DeSouza’s message is practical and humane: treat incidents as system failures; care first, capture facts, speak carefully—and build a culture where stopping the job is professional, not punitive. That’s how you prevent the next case—and survive this one.

Conclusion

Strong operations are built on order, not urgency. Care for the hand, log what happened, then decide who to brief and when. Treat incidents as system problems, not individual failures: update the JSA when scope changes, maintain high-risk components on schedule, and protect stop-work in practice—not just on paper. Consistency here prevents near-misses from becoming multi-year problems.

Production depends on predictability. Keep it predictable by re-JSAing, honoring stop-work, and maintaining high-risk equipment by plan—not guesswork.

Next steps

• Book — Crude Communication: Tools for incident debriefs and vendor relationships in high-stakes environments.

• Podcast — The Crude Cast: Field stories, tech, and tactics from operators, engineers, and leaders.

  
  

Quick questions

• How do you handle mid-shift scope changes and re-JSAs?

• Which components get documented inspections (rod cups, rigging, guards), and how often?

Field Takeaways

• First 60–90 minutes: Hospital first. Quietly capture facts—who was on site, exact task, equipment, photos if safe, location history on your phone.

• Statements: Delay employer/OSHA interviews until you’ve spoken with counsel.

• Your records: Medical files are yours; share strategically.

• Evidence: Re-JSA when scope changes; document component condition and maintenance history (rod cups, rigging, guards).

• Culture: Reward stop-work. Remove bullying/rushing incentives.

• Expectations: Complex cases take time; steady documentation and patience pay off.

Why this episode matters for leaders

Supervisors and company men set the tone. If stop-work is real (not just a binder word), JSAs are updated when the job changes, and high-risk components get disciplined inspection, you prevent the very incidents that become multi-year battles.

*Informational only; not legal advice. For your situation, consult a licensed attorney.