Who Can Be Held Liable for Refinery Burn Injuries?

Refinery burn injury liability can be difficult to sort out, especially when you’re in pain, missing work, and getting calls from supervisors or insurance adjusters. Refinery accidents and burn injuries rarely come down to a single mistake. Fires and explosions often involve overlapping safety duties, from owner/operator controls to equipment integrity, which makes it easy for companies to point fingers and harder for injured workers to get straight answers.

The first question for Texas workers injured in a refinery accident is: Who employed you, and what coverage applies? That answer helps determine whether your primary claim is handled through workers’ compensation, a negligence claim against your employer (when allowed), or a third-party claim against another company.

In some situations, you may have claims against multiple parties, including operators, maintenance contractors, supervisors, and others, which is why a thorough investigation and careful analysis matter from day one.

At Patrick Daniel Law, our approach to representing refinery burn injury victims is Strategic. Meticulous. Merciless. Regardless of who is ultimately found liable for the accident and damages, we are here to hold them accountable so that you can recover the compensation you need and deserve for your damages.

Call us today at (713) 999-6666 to schedule your FREE case evaluation with our Texas refinery accident lawyer. Patrick Daniel Law represents injured refinery workers in Houston and throughout Texas.

Who Is Usually Liable for Refinery Explosions & Burn Injuries?

Who can be held liable for refinery burn injuries? Usually, the first place to look when determining refinery burn injury liability is the facility owner/operator, since they control safety programs, unit start-ups and shutdowns, and hazard management. However, there are several other parties to look at as well, including:

• Direct employers, if different from the refinery owner/operator
• Equipment & component manufacturers
• Contractors & subcontractors
• Suppliers that failed to properly label dangerous equipment or hazardous materials
• Companies that own the tanker trucks coming in and out of the refinery

No one is going to volunteer responsibility. Large oil and gas companies will do whatever they can to avoid responsibility and pay as little compensation as possible. That’s why you must be able to prove negligence through clear evidence that shows why the accident took place, how it led to your injuries, and what damages it resulted in.

When Is a Refinery Owner or Employer Responsible?

Refinery burn injury liability ultimately comes down to control and duty; that is, who is in control of the unit, the work area, and the safety processes, and what duty do they have to someone who could be in harm’s way?

In the case of refinery owners and employers, they generally both maintain this control and have a duty to protect workers from dangerous situations. When they are aware of a potential danger (or should have been) and fail to act accordingly, and the failure results in burn injuries, they can be held liable for damages.

For example, one of the root causes of the BP America Refinery Explosion was a poor safety culture, largely due to inadequate management.

If an owner or employer is found responsible, the question is whether they carry workers’ compensation insurance. If they do, the only way you can recover benefits from your employer is through their insurance coverage. It is a “no-fault” system, meaning you can usually recover benefits even if the accident was your fault.

However, Texas does not require private employers to carry workers’ compensation. In cases where an employer is a “non-subscriber,” you would instead need to bring a negligence claim against them to recover compensation.

Can Contractors or Equipment Manufacturers Be Liable for Refinery Burns?

Regardless of whether or not you have a workers’ comp claim, you may still be able to pursue additional compensation against other entities, including contractors and equipment manufacturers.

• Contractors can be implicated when injuries stem from unsafe work methods, inadequate supervision, poor hazard controls, or failure to follow safety protocols. OSHA’s process safety enforcement guidance explicitly recognizes that dangerous work environments often involve multiple employers and contractors, making contractor conduct a relevant and important issue.
• Equipment manufacturers can be held liable for burn events caused by equipment failure, especially when warnings or instructions were inadequate.

In the Deer Park Chemical Release, both contractors and safety systems were identified as contributing causes to an accident that killed 2 workers and injured another 35, highlighting how a combination of human error and equipment failure can have catastrophic effects.

How Third-Party Liability Works After a Refinery or Plant Accident

Under Texas Labor Code 417.001, injured workers are also able to seek damages from a third party if their negligence led to a compensable injury.

Third parties can include:

• Subcontractors
• Vendors
• Maintenance providers
• And others

If, for example, a maintenance provider fails to properly train an employee who makes a mistake when servicing a piece of equipment, the maintenance provider could be held liable if the mistake leads to an accident and subsequent damages. This compensation can be pursued above and beyond workers’ compensation benefits, if applicable.

Read More: Common Causes of Oil Refinery Explosions

What Should I Do After a Refinery Burn Injury in Texas?

After being injured in a refinery accident, the first step should always be to receive medical attention. Burns and inhalation injuries can evolve and escalate quickly, and early documentation of your injuries can help establish a clear link between the accident and your damages.

After receiving medical attention, you should also:

• Report the injury through your company’s internal system.
• If workers’ comp applies, use Texas DWC resources to prepare and submit your claim, or contact a worker injury attorney.
• Avoid signing any broad releases or giving detailed recorded statements before speaking with a Texas refinery explosion lawyer.

Your employer, their insurance company, and other parties may get in touch quickly to try to shift blame or minimize the damage to their bottom line. Don’t fall for their tactics. Instead, get the support you need to protect your rights.

Read More: How Common Are Refinery Explosions?

How Can a Houston Refinery Burn Injury Attorney Help?

Refinery burn cases are typically built on technical evidence, including:

• Incident reports
• Work permits
• Training records
• Contractor scopes
• Maintenance history
• Process safety documentation
• And more

A burn injury lawyer can help gather and analyze this data and use it to map out liability for each party involved, from employers to equipment suppliers.

If your claim involves workers’ compensation, an attorney can help coordinate these benefits and pursue any third-party claims that could help you recover more of the compensation you need and deserve for your damages.

Ultimately, burn injuries can have significant medical and financial ramifications. A good Houston refinery burn injury lawyer will work to ensure your best interests are fought for in the midst of a complex system so that you are not left footing the bill for an accident that wasn’t your fault.

Contact Patrick Daniel Law Today for a FREE Case Evaluation

If you have suffered a burn injury in a Texas refinery or plant incident, you deserve legal support that is strategic and evidence-driven so that you can identify the responsible party or parties and the best path forward for recovering compensation.

Patrick Daniel Law handles these serious cases with determination. We know what it takes to prove refinery burn injury liability and fight for a fair and full settlement. To discuss your case during a FREE case evaluation, contact our Texas refinery accident lawyer today. The sooner we can get started, the better.