Carbon Monoxide in Houston TX Workplaces: OSHA Violations and Legal Claims

Some of the best jobs in Houston, Texas, are also the riskiest for employees. Industries such as energy, manufacturing, and warehousing pose various hazards, including exposure to carbon monoxide (CO). The equipment used in these enclosed spaces creates a potentially dangerous environment when it malfunctions and releases the colorless, odorless gas into the air.

The trusted Texas attorneys at Carabin Shaw have seen the far-reaching consequences of CO poisoning on victims and their families as we represent those hurt in the workplace. Our compassionate team is available 24/7 and offers free case reviews in English or Spanish. Contact us to book your consultation today and learn more about your legal options.

CO poisoning is a potentially deadly workplace hazard, and the Occupational Safety and Health Administration (OSHA) has outlined standards employers should follow to reduce workers’ risks:

• Install a ventilation system to eliminate CO from employee areas
• Avoid using gas-powered equipment in poorly ventilated areas
• Maintain all equipment and appliances to reduce CO formation
• Switch from gas to electricity or battery-powered equipment
• Equip employee areas with CO monitors
• Test employee areas regularly where CO exposure is a risk

Despite OSHA’s recommendations, CO exposure continues to occur in workplaces, endangering employees and others in exposed areas.

Some of the most common sources of CO exposure in the workplace include:

• Fuel-powered equipment and tools
• Furnaces, boilers, and space heaters
• Internal combustion engines on forklifts and generators
• Cars and trucks left idling in enclosed spaces

Even a malfunctioning appliance in a breakroom can lead to CO poisoning if it is not regularly inspected and maintained. If you are injured, your lawyer will investigate the accident to identify the source of the CO exposure and determine if negligence contributed to the accident.

If you suspect you’ve been exposed to carbon monoxide, these steps can help you build a strong case for compensation:

• Get a medical evaluation immediately
• Take photos of the equipment in use
• Report the incident to your employer
• Contact OSHA if the incident resulted in severe injuries
• File a workers’ compensation claim
• Contact a personal injury attorney

Workers’ comp is no-fault insurance that covers injured employees’ medical bills and a portion of their lost wages. Contact a personal injury attorney for help with your workers’ comp claim to ensure you receive all the compensation you are entitled to.

While workers' compensation is helpful, it is rarely sufficient when an employee suffers a severe injury or dies after the accident. Unfortunately, employees cannot file a lawsuit against their employer for additional damages if the employer has workers' comp coverage.

Some causes of a CO leak are not your employer's responsibility. For example, equipment with manufacturing flaws may be more prone to emitting CO, but your employer may not realize the machinery is defective until it causes injuries. In this case, the tool’s manufacturer may be liable for injuries that occur when the tool doesn't work properly.

If your lawyer identifies third parties that contributed to your CO poisoning, you can file a personal injury lawsuit against them to seek additional damages. Texas law allows you to file the lawsuit in addition to your workers' compensation claim. In your lawsuit, you can ask for a broader range of damages, such as:

• Additional lost wages
• Pain and suffering
• Disability and disfigurement
• Loss of enjoyment of life
• Mental and emotional anguish
• Loss of consortium

Severe injuries like permanent brain damage are devastating and expensive. By filing a personal injury lawsuit, you can maximize the compensation you receive, allowing you to get the medical treatment and care you may require for a lifetime.

CO poisoning can lead to life-changing injuries or even the loss of someone you love. Don’t try to navigate the legal aftermath alone. At Carabin Shaw, our Texas experts offer our services on a contingency-fee basis, so you pay no money up front. Our law firm’s client reviews also attest to our ability to maximize compensation for victims like you. Call our top lawyers today at 1-800-862-1260.

For more information:

• OSHA Fact Sheet
• Texas Constitution and Statutes 417
• Texas Constitution and Statutes 41