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Industrial plants and oil refineries are the backbone of the Gulf Coast economy. Almost everyone living in Texas and Louisiana knows at least one person who works in these vital industries. Unfortunately, most of us probably also know somebody who has been injured in an industrial accident or explosion.
Industrial plant and refinery explosions are terrifying and common across the country. In February, the nation was riveted by the controlled detonation of the chemical train derailment in Ohio. Fortunately, no lives were lost because of swift actions by the rail company, but the accident could have been devastating.
If you or a loved one have been injured in a plant or refinery explosion and need legal advice, look no further than Morris & Dewett Injury Lawyers. When you need help with a catastrophic personal injury claim, we are the attorneys who can help you get the compensation you deserve. Call us at Call (318) 221-1508 for a free and confidential consultation.
Most industrial accidents are due to faults within the workplace itself. Although very few incidents are due to criminal activity, most are caused by carelessness, poor maintenance, and lax safety practices. Most refinery explosions and fires are a result of:
Chemical plants and refineries are unforgiving workplaces. Although many safeguards and warning devices are in place, they are of little use if the humans using them ignore them. For example, in the lead-up to this 2005 deadly Texas City explosion, which killed 15 people, one warning siren had been disabled, and two others were malfunctioning.
If you are caught in a refinery explosion, you may suffer devastating injuries. The blast itself can cause severe trauma, and flying debris and shrapnel can cause injuries miles from the center of the blast. Once the explosion has happened, there are secondary health effects from fire and the release of toxic smoke and vapor.
Refinery and plant explosion injuries may include:
Texas is the only state that does not require private employers to carry workers’ compensation for its employees. Although many do, some may not. Even when an employer has workers’ compensation insurance, the insurance company may not cover your injuries. In cases of fire and explosion, oil and chemical companies are notorious for trying to push the blame onto employees they deem to have been “misbehaving.”
In Texas, you have two years to file a personal injury claim. But before you do anything, you should contact the legal team at Morris & Dewett Injury Lawyers. We will review your case and explain your options and possible outcomes, so you’ll know the best course of action. You have a little time, so you should use it to the best effect.
If your employer has workers’ compensation coverage, you must show that your injury was suffered during your regular employment. That is, you cannot have been off the clock or engaged in horseplay or non-sanctioned activities when the incident happened.
Workers’ compensation will cover the following:
That is, it pays you no matter who is responsible for the accident. In return, you waive your rights to sue your employer or any other responsible party for non-economic damages, such as pain and suffering. You may also be responsible for any medical costs that workers’ compensation does not cover. Before accepting workers’ compensation payments for your injuries, consult an attorney for other options.
Sometimes, nobody at the plant is responsible. These cases are called “product liability” cases. For instance, during the Three Mile Island nuclear meltdown, the initial cause was a faulty relief valve. When a piece of machinery is involved, your attorney may recommend filing a product liability lawsuit. This holds the manufacturer, designer, or supplier liable for providing a faulty or defective product.
Product liability cases are often class action suits or mass tort suits. That is, they involve many people who were injured as a result of the same defective part. Your attorney can advise you if this has happened in your case.
Many oil and chemical industry workers are classified as “independent contractors.” They often work for outside agencies and travel from place to place as consultants or installers. Often they are employees in everything but name. This is called “misclassification,” but it is seldom an accident. Employers do this to avoid paying benefits to their employees.
If you have been misclassified as an independent contractor, you will not be covered by workers’ compensation unless you can establish that you have been required to act as an employee by clocking in and out at certain times, wearing a company uniform, and following company guidelines.
If you’ve been involved in an industrial plant or refinery explosion, you need the services of Morris & Dewett Injury Lawyers. You need someone at your side who will give you knowledgeable advice and fight for the compensation you deserve. We will do the legal work so you can focus on recovering from your injuries.
Call us today at (318) 221-1508 or make an appointment for your free, confidential consultation. No matter your situation, we are here to review your case and answer your questions. We’re here to listen, so call now.
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