Yes, potentially. If you suffered burns in a Texas refinery or chemical plant accident, you may have a personal injury claim against the company responsible for the fire, explosion, chemical release, defective equipment, or other unsafe condition.
Your rights depend on who employed you, who controlled the work, and what caused the accident.
For contractors in particular, the company responsible for the accident may be different from the company that signs your paycheck.
At Gilman & Allison, LLP, our Texas refinery injury lawyers represent workers seriously injured in refinery, chemical plant, and industrial accidents.
Who Can I Sue After a Refinery Burn Injury?
One of the first questions after a refinery accident is who caused it?
Refineries often have multiple companies working at the same facility. The plant owner may work alongside contractors, subcontractors, maintenance companies, equipment manufacturers, and other businesses.
Depending on the accident, potentially responsible parties may include:
- The refinery or plant owner
- Another contractor
- A subcontractor
- An equipment manufacturer
- A maintenance company
- An engineering company
- A property owner
- Another negligent third party
The fact that an accident happened at work does not necessarily mean workers’ compensation is the only potential source of recovery.
Can I Sue the Refinery If I Work for a Contractor?
Potentially, yes.
Many workers inside Texas refineries are employed by outside contractors rather than the refinery itself.
A contractor injured at a refinery may have workers’ compensation benefits through the contractor while also having a potential third-party personal injury claim against another company responsible for the accident.
For example, a claim may need to be investigated when a refinery owner’s operations expose a contractor to a fire, explosion, chemical release, or other dangerous condition.
The same may be true when another contractor creates the hazard.
These cases are fact-specific, and Texas law can affect when a refinery owner or other company is protected from—or exposed to—civil liability.
What Causes Serious Refinery Burn Injuries?
Refineries and chemical plants contain flammable materials, pressurized systems, extreme temperatures, and complex industrial equipment.
A single failure can expose nearby workers to fire, heat, steam, chemicals, or an explosion.
Burn accidents may involve:
- Refinery fires
- Explosions
- Flash fires
- Chemical releases
- Hot hydrocarbons
- Steam releases
- Pressurized liquids
- Gas leaks
- Pipe failures
- Valve failures
- Flange failures
- Pump failures
- Pressure vessel failures
- Defective equipment
- Electrical fires
- Arc flashes
- Hot work
- Welding and cutting operations
Finding the source of the release or ignition is often one of the most important parts of investigating a refinery burn case.
Can I Sue After a Refinery Explosion?
Potentially.
A refinery explosion may involve failures that developed long before the explosion occurred.
An investigation may examine:
- Equipment maintenance
- Inspection records
- Corrosion
- Process safety procedures
- Operating procedures
- Alarm systems
- Gas detection
- Pressure relief systems
- Lockout/tagout procedures
- Hot-work permits
- Management of change
- Contractor coordination
- Previous leaks or equipment problems
The goal is to determine what failed, why it failed, who knew about the risk, and which company had responsibility for preventing the accident.
What If a Pipe, Valve, or Flange Failed?
Pipe and equipment failures can release dangerous substances under pressure.
A worker standing nearby may have almost no time to react.
These incidents may involve hot liquids, steam, hydrocarbons, corrosive chemicals, or flammable gases.
After an equipment failure, investigators may need to determine whether the problem resulted from corrosion, inadequate inspection, improper maintenance, defective design, incorrect installation, or unsafe operation.
The failed component itself may also become critical evidence.
What If I Was Burned During a Refinery Turnaround?
Turnarounds can place large numbers of contractors inside a facility while equipment is being inspected, repaired, replaced, and restarted.
That can mean multiple companies are working in the same area at the same time.
A turnaround burn accident may involve:
- Hot work
- Welding
- Cutting
- Pipe opening
- Confined-space work
- Equipment startup
- Unexpected releases
- Failure to isolate equipment
- Inadequate communication between contractors
- Unsafe simultaneous operations
When a turnaround worker is injured, the investigation should identify every company involved in the operation, not simply the worker’s direct employer.
Can I Sue After a Chemical Burn?
Potentially.
Not every refinery burn is caused by fire.
Workers can suffer severe chemical burns when acids, caustics, hydrocarbons, or other hazardous substances contact the skin or eyes.
A chemical-release case may involve questions about containment, warnings, personal protective equipment, emergency showers, operating procedures, equipment maintenance, and emergency response.
Chemical burns can continue causing tissue damage even after the worker has left the immediate accident area.
Prompt medical care is critical.
What If Workers’ Compensation Is Already Paying My Bills?
Receiving workers’ compensation benefits does not necessarily mean there is no third-party personal injury claim.
Texas law allows an injured employee, in appropriate circumstances, to pursue a liable third party while also receiving workers’ compensation benefits.
For example, a contractor’s workers’ compensation carrier may provide benefits while a separate lawsuit is pursued against another company whose negligence caused the accident.
These claims can interact, including through reimbursement and subrogation issues, so the relationship between the workers’ compensation claim and third-party case should be evaluated carefully.
What Evidence Should Be Preserved After a Refinery Fire or Explosion?
Refinery accident investigations can become highly technical.
Companies may begin investigating immediately after a major incident. Equipment may be repaired or replaced, the accident area may be cleaned, and operations may resume.
Important evidence may include:
- Photographs and videos
- Surveillance footage
- Failed pipes, valves, or equipment
- Incident reports
- Inspection records
- Maintenance records
- Work permits
- Hot-work permits
- Job safety analyses
- Operating procedures
- Training records
- Process safety information
- Alarm and sensor data
- Control-room data
- Contractor agreements
- Witness statements
- Prior complaints or reported leaks
Electronic information can be especially important in determining what was happening inside a process unit immediately before an accident.
What Injuries Can a Refinery Fire Cause?
Refinery fires and explosions can cause catastrophic injuries.
These may include:
- First-, second-, and third-degree burns
- Inhalation injuries
- Lung damage
- Eye injuries
- Scarring and disfigurement
- Nerve damage
- Orthopedic injuries
- Hearing damage
- Traumatic brain injuries
- Amputations
- Permanent impairment
Severe burns may require hospitalization, skin grafts, reconstructive surgery, rehabilitation, and long-term medical treatment.
What Compensation Can I Recover?
The damages available depend on the facts and the parties responsible.
A Texas refinery personal injury claim may potentially seek compensation for:
- Medical expenses
- Future medical care
- Lost wages
- Loss of earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Other legally recoverable damages
Catastrophic burn cases may require medical and economic experts to evaluate the worker’s future treatment needs and the long-term impact of the injury.
What If My Coworker Was Killed in a Refinery Explosion?
Fatal refinery fires and explosions may also result in wrongful death and survival claims.
Who may bring those claims and which damages are available depend on Texas law, the worker’s employment relationship, workers’ compensation coverage, and the identity of the responsible parties.
A fatal accident should be investigated quickly because physical and electronic evidence can begin changing immediately after the incident.
Texas Refinery Burn Injury Lawyers
Texas is home to some of the largest refinery, petrochemical, and industrial facilities in the country.
Workers and contractors face serious hazards in Deer Park, Pasadena, Baytown, La Porte, the Houston Ship Channel, Texas City, Freeport, Beaumont, Port Arthur, Corpus Christi, and other industrial areas across Texas.
At Gilman & Allison, LLP, our Texas trial attorneys investigate serious refinery and chemical plant accidents involving fires, explosions, chemical releases, equipment failures, and catastrophic burn injuries.
If you were burned while working at a refinery or chemical plant, do not assume your employer’s workers’ compensation claim is the end of the case.
Contact Gilman & Allison, LLP for a free consultation about whether a refinery owner, contractor, equipment company, or other third party may be responsible for your injuries.
Frequently Asked Questions
Can I sue after being burned at a refinery?
Potentially, yes. A refinery burn victim may have a personal injury claim against a company whose negligence caused the fire, explosion, chemical release, or other dangerous condition.
Can I sue the refinery if I work for a contractor?
Potentially. A contractor may have a claim against a refinery owner or another company depending on the employment relationships, control of the work, cause of the accident, and applicable Texas law.
Can I receive workers’ comp and still sue someone?
Yes, in appropriate cases. An injured employee may receive workers’ compensation benefits and also pursue a liable third party. Subrogation and reimbursement rules can affect the recovery.
Who can be sued after a refinery explosion?
Potential defendants may include refinery owners, contractors, equipment manufacturers, maintenance companies, and other parties whose conduct caused or contributed to the explosion.
What if defective equipment caused my burns?
A defective pipe, valve, pump, pressure vessel, electrical component, or other industrial equipment may raise negligence or product-liability issues involving additional parties.
How soon should a refinery accident be investigated?
As soon as possible. Physical conditions can change, equipment may be repaired, electronic data can be lost, and companies may begin their own investigations immediately after an accident.