The oil and gas sector is a cornerstone of Texas's economy, but it can also be one of the most dangerous industries for workers. Oil refinery accidents can result in severe injuries, leaving workers to deal with mounting medical bills, lost wages, and an uncertain future. If you've been injured while working at a Houston refinery, it's crucial to understand your legal options for seeking compensation. The personal injury lawyers at Terry &Thweatt will assess your case and suggest the best path forward toward recovery if you've suffered a refinery accident injury in Houston.
Table of Contents
- Workers' Compensation: Your First Option to Explore
- Can You Sue Your Employer for Refinery Injuries?
- Third-Party Personal Injury Claims in Refinery Accidents
- The Importance of Identifying All Responsible Parties
- How a Houston Refinery Injury Lawyer Can Help
- Schedule a Complimentary Consultation With Our Houston Refinery Accident Attorney
Workers' Compensation: Your First Option to Explore
Workers' compensation is typically the primary avenue for seeking financial relief after a workplace injury. In Texas, most employers are required to carry workers' compensation insurance, which provides benefits to employees injured on the job, regardless of fault. These benefits generally include:
- Medical coverage. Workers' comp pays for all reasonable and necessary medical treatment related to your work injury.
- Income benefits. You may receive a portion of your lost wages while you're unable to work due to your injury.
- Supplemental income benefits. For long-term injuries, you might qualify for additional income support.
- Death benefits. In the tragic event of a fatal refinery accident, workers' comp provides benefits to the deceased worker's dependents.
Can You Sue Your Employer for a Refinery Accident Injury in Houston?
In most cases, workers' compensation is considered an "exclusive remedy," meaning you cannot sue your employer for workplace injuries if they provide workers' comp coverage. However, there are exceptions:
- Gross negligence. If your employer's extreme recklessness or intentional misconduct led to the employee’s death, the deceased’s family retains the right to sue the employer for gross negligence.
- Non-subscriber status. If your employer has opted out of the workers' compensation system, you retain the right to sue them for negligence as a non-subscriber.
- Third-party claims. While you may not be able to sue your employer, you might have a case against other parties responsible for your injury.
Third-Party Personal Injury Claims in Refinery Accidents
In many refinery accidents, parties other than your employer may be liable for your injuries. These third-party claims can be pursued in addition to workers' compensation benefits and may provide compensation for damages not covered by workers' comp, including:
- Pain and suffering
- Full lost wages (past and future)
- Loss of earning capacity
- Emotional distress
- Loss of enjoyment of life
Possible Defendants in Third-Party Lawsuits
Potential third parties in refinery injury cases might include:
- Equipment manufacturers. Suppose a pressure valve malfunctions due to a design flaw, causing a dangerous chemical release. The company that designed and manufactured the faulty valve could be held liable for resulting injuries.
- Contractors or subcontractors. If an independent welding contractor fails to properly seal a pipe, leading to a leak and subsequent explosion, they could be held responsible for injuries caused by their negligence.
- Maintenance companies. Consider a scenario where an outside maintenance firm improperly services a critical safety system. If this system fails during an emergency, leading to worker injuries, the maintenance company might be liable.
- Property owners. In cases where the refinery operates on leased land, the property owner could potentially be held responsible if unsafe property conditions contributed to an accident. For example, poorly maintained roads may cause a truck carrying hazardous materials to overturn.
- Safety consultants. Should a refinery hire an external safety consultant who provides faulty advice or overlooks serious hazards during an inspection, they might be partially responsible for accidents that occur as a result.
- Training providers. If a third-party company responsible for training refinery workers on safety protocols provides inadequate or incorrect instruction, they could be held liable if this leads to accidents.
The Importance of Identifying All Responsible Parties
Third-party claims against all potentially liable parties can allow you to recover damages not available through workers' compensation. This can help to maximize the compensation you are entitled to receive. Holding negligent parties responsible can also lead to improved safety practices industry-wide.
How a Houston Refinery Injury Lawyer Can Help
After a refinery injury, you may not know where to turn or what you need to do to protect your rights to compensation. Terry & Thweatt can provide invaluable assistance by:
- Investigating the accident. We will determine all potentially liable parties and gather evidence to support your claim.
- Assessing damages. We will calculate the full extent of your losses, including future medical needs and lost earning potential. This can add up to millions of dollars in settlement.
- Filing claims. We will ensure all necessary paperwork is completed accurately and within the required deadlines.
- Negotiating settlements. We will leverage our experience to secure fair compensation from insurance companies and responsible parties.
- Representing you in court. If a fair settlement can't be reached, we can fight for your rights in trial.
If you've been injured in a Texas refinery accident, time is of the essence. Strict deadlines apply to both workers' compensation claims and personal injury lawsuits. Don't let valuable evidence disappear or legal deadlines pass you by. Contact an experienced Houston refinery injury lawyer today to discuss your case and explore your options for seeking the compensation you deserve.
Schedule a Complimentary Consultation With Our Houston Refinery Accident Attorney
At Terry & Thweatt, P.C., our Houston-based refinery accident lawyer offers free initial consultations for prospective clients.
To request an appointment, fill out our convenient online contact form by clicking the button above and we’ll be in touch to discuss your case. For immediate assistance, call 713-600-4710 now.
