When someone is injured at a refinery or industrial plant in Texas, there may be more than one potential source of recovery. If the accident was caused by a company other than the injured person’s employer — such as a contractor, equipment manufacturer, or facility owner — a separate civil claim may be available.
That distinction can be important because workers’ comp benefits and a third-party claim address different types of losses. Whether an additional claim exists depends on the facts of the accident and the parties involved.
What makes a refinery accident different?
Several factors can make refinery and industrial accidents more complex than other workplace injuries.
First, these facilities often involve high-pressure systems, extreme heat, flammable materials, heavy equipment, and hazardous substances. Depending on the circumstances, accidents can result in serious injuries such as burns, respiratory injuries, or trauma from explosions and other industrial incidents.
Second, multiple companies may be working at the same facility at the same time. A single project or turnaround may involve the plant operator, contractors, subcontractors, and equipment providers. Determining which company was responsible for the work, equipment, or safety conditions involved in the accident can be an important part of evaluating the claim.
Finally, companies may begin investigating and documenting an incident very quickly. Records, photographs, witness statements, equipment information, and other evidence may become important in determining what happened and who may be responsible.
Who can be liable if I am a contractor and not a plant employee?
That depends on who caused the accident and the role each company had at the facility. Workers’ comp benefits may limit an injured worker’s ability to bring a claim against their employer, but they do not necessarily prevent a separate claim against a responsible third party.
Depending on the circumstances, a third party could include the facility operator, another contractor or subcontractor working in the area, an equipment manufacturer, or a company responsible for maintaining equipment or part of the facility.
A third-party claim may allow an injured worker to pursue damages that are not available through workers’ comp benefits, such as pain and suffering or loss of future earning capacity. Whether a third-party claim exists depends on the specific facts of the accident and should be evaluated on a case-by-case basis. Similar issues can arise in construction site injuries.
What if my employer does not carry workers' compensation?
Texas does not require most private employers to carry workers’ comp coverage. Employers that choose not to participate in the workers’ compensation system are generally referred to as non-subscribers. If an employee is injured while working for a non-subscriber, they may be able to bring a claim directly against the employer, and certain legal defenses normally available to employers may be limited.
Because coverage can vary from one employer to another, determining whether the employer had workers’ comp coverage at the time of the accident is an important early step in evaluating the case.
What should you do in the first few days?
Report the accident in writing and keep a copy; a verbal notice to a supervisor effectively ceases to exist once time passes. Seek medical attention and describe every symptom, including respiratory ones, which sometimes take time to appear. Note which companies were working in the area and keep everything you receive: incident reports, internal findings and company communications. That documentation is what later makes it possible to reconstruct who was responsible for what.
At The Law Offices of John R. Salazar we represent workers injured at industrial facilities across North Texas. We serve clients from our Dallas office and from the Tarrant County office in Richland Hills. The consultation is free.
Frequently Asked Questions
Yes. Your contractual relationship with the plant does not prevent a claim against whoever caused the accident through negligence. In fact, at refineries most cases are brought by workers employed by contractors.
It depends. Receiving workers’ compensation benefits does not automatically prevent you from pursuing a separate claim, but whether another claim is available depends on who caused the accident and the specific circumstances. In some cases, a claim may exist against a third party other than your employer. Because workers’ comp benefits can also affect how a separate claim is handled, it is important to review the situation before accepting or signing any settlement.
The general period for personal injury in Texas is two years from the accident. In an industrial case it pays to start much earlier, because internal documentation and equipment conditions change quickly.
At The Law Offices of John R. Salazar we represent workers injured at refineries and industrial facilities across North Texas. The consultation is free, and we don't charge unless we win. Call (214) 833-5378.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.