Third-Party Liability in Refinery Accidents: Beyond Workers’ Comp in Houston, Texas

Houston, Texas, refineries are often dangerous workplaces owing to their heavy equipment, complex operations, and fire risk. Workers may suffer severe, debilitating injuries doing everyday tasks, and often, workers’ compensation doesn’t do enough to cover their losses. If you’ve suffered an injury in a refinery accident, calling a lawyer can help you pursue maximum compensation for your damages.

The trusted Texas attorneys at Carabin Shaw understand the limitations of workers’ compensation insurance. That’s why we go the extra mile to look beyond insurance and hold third parties liable for their negligence. Call our toll-free number at 1-800-862-1260, and speak to a member of our English- and Spanish-speaking staff. They’re available 24/7 to speak with you, and we offer our services on a contingency-fee basis.

Workers’ compensation insurance is the exclusive remedy available to an employee when suffering a work-related injury in Houston, Texas. In other words, the employer provides the insurance coverage, and in return, you cannot sue your employer. The exception to this rule is if an employer caused the death of an employee intentionally or by gross negligence.

However, workers’ compensation does not always protect third parties on a work site. There are many third parties at a refinery site who could hold some or all of the fault in an accident. You might be able to file a third-party refinery accident lawsuit in Houston TX, against parties such as:

• Equipment manufacturers
• Equipment maintenance companies
• Engineers
• Inspectors
• Subcontractors
• Chemical suppliers

Suing subcontractors for refinery explosions, or suing other third parties, is an effective way to bypass the limitations of the workers’ compensation system and get the financial remedy you deserve.

The Texas workers’ compensation system can be a bureaucratic nightmare for an injured employee, which is why victims benefit from the help of a lawyer. First, you must report your injury within 30 days of the injury, or within 30 days of discovery. Then, you either have to find a doctor who is in the certified health care network or one who will accept workers’ compensation insurance. The insurance company will assign an adjuster to your claim to investigate your case.

If you don’t agree with the benefits offered, you must talk with an attorney or an ombudsman to argue for more. There is a review and hearing process, and you can appeal this decision. The path to compensation can be cumbersome and lengthy, but hiring a lawyer ensures that the insurance company doesn’t take advantage of you by making a lowball offer or denying a claim.

Refinery accident victims can file a workers’ compensation claim and a third-party accident claim at the same time. This is an option when another entity besides your employer plays a critical role in an accident. Examples of situations where your Houston third-party liability lawyer could claim a third party was liable include:

• A manufacturing defect that creates a valve failure, causing an explosion.
• A chemical supplier improperly handles hazardous materials, causing toxic exposure.
• An electrical subcontractor performs a faulty wiring job, sparking a fire.

These are all things that an attorney may be able to help you file a lawsuit for, as the exclusive remedy clause does not generally cover third parties.

The reason to hire a Houston industrial accident attorney and file a third-party claim is that it opens your opportunity for full compensation for your injuries. Workers’ compensation benefits typically only include:

• Partial wage replacement
• Medical expenses
• Death and burial costs

However, if you file a third-party claim, you can claim damages from all your noneconomic injuries, including pain and suffering today. Full compensation allows you the best chance for a full recovery from your accident, and it allows compensation for permanent or long-term losses.

Read our law firm’s client reviews to learn how Carabin Shaw has helped injured workers and their families pursue all available legal options beyond workers’ compensation. Our attorneys take the time to understand the full scope of each refinery accident and identify responsible third parties.

When you’re ready, contact us to schedule a free consultation and learn how we can help you protect your rights after a refinery injury in Houston.

For more information:

• https://statutes.capitol.texas.gov/?tab=1&code=LA&chapter=LA.408&artSec=
• https://www.tdi.texas.gov/wc/employee/iefaqe.html
• https://www.tdi.texas.gov/wc/employee/benefits.html