Injured in a Refinery Accident? Get Help Securing Your Settlement
Refineries are accident-prone places because of the dangerous equipment used on a daily basis. If you or a loved one were recently injured in a refinery accident, this article helps to explain the legal options available to you.
There are 30 operating refineries in Texas, so refinery accidents can be a common occurrence in the state. Refineries are full of dangerous equipment, leading to damage, injury, or death when handled in unsafe environments. Most of the time, these refineries use substandard safety protocols, increasing the risk of workplace accidents.
Equipment failure, explosions, or even the employer’s failure to meet government standards for adequate workplace safety can cause these accidents.
The difficulty of pinpointing the root cause of a refinery accident is why these cases are complicated. Additionally, employers don’t always claim responsibility for refinery accidents, making it tricky to prove liability and receive full compensation as a victim. With the help of a Richmond refinery accident lawyer, you can hold the liable parties accountable when you need funds to finance your recovery.
What Causes Refinery Accidents?
The causes of refinery accidents depend on the nature of the work and equipment in each specific refinery. However, common causes include the use of substandard equipment, the failure to employ safety standards required by law, and improper equipment maintenance.
Refinery accidents can also occur when employees are negligently supervised or inadequately trained, allowing them to work and roam the premises without following the proper safety protocols.
When these occurrences concur, workers are exposed to a high risk of injury or death, even if they individually follow safety standards to the letter. This has led to plenty of preventable accidents.
When Are Employers Liable for Refinery Accidents?
When an employee is injured or dies on the job or in connection with their employment, the employer is liable for the injury or death.
The injury is called a compensable injury, and the essential factor to prove would be that the injury arose out of and in the course of employment.
The tricky aspect of compensable injuries is employers will always try to shift the blame and prove the employee’s injury was not in any way connected to their employment.
These cases go into different theories of liability, all in an attempt to determine whether the employer should pay compensation to the injured worker or their family.
Who May Bring an Action for Refinery Accidents?
Generally, it is only the injured employee who may bring a claim for worker’s compensation. However, in case of the employee’s death, his surviving family members may claim the benefits by proving loss and hardship.
The difficulty in claiming workplace compensation benefits in Texas is, unlike most states in the US, Texas does not require all private employers to have workers’ compensation insurance coverage.
In those cases, the remedy for the injured employee would be to file a lawsuit for damages against their employer.
Why Do You Need a Refinery Accident Lawyer?
Establishing a connection between injury or death and employment is technical, considering the many possible causes of a refinery accident.
This can be further complicated in cases where the employer does not carry workers’ compensation insurance coverage, and a lawsuit would be required to recover damages.
You will need someone well-versed in the law and the regular operations of a refinery, and this is where a Richmond refinery accident lawyer from The Estes Law Firm can best help.
Hiring an experienced refinery accident lawyer allows you the best chances of recovering full compensation under the law, no matter what the employer’s situation is. When you’re ready to pursue the benefits and compensation you deserve, schedule your free case evaluation by calling 281-238-5400 or by filling out the contact form on this page.