A process unit does not explode without warning signs. There are maintenance backlogs, deferred turnarounds, alarm histories, management of change files, contractor safety audits and near-miss reports. Every one of them exists before the fire and every one of them can be preserved.
Refinery and petrochemical injuries are catastrophic by nature: thermal burns, blast lung, hearing loss, inhalation injury and crush trauma, often to several workers at once. The defense will be organized within hours. Call 713-521-0059.
Frequently more than one party, and rarely only the direct employer. A plant owner, a turnaround or maintenance contractor, a staffing company, an equipment manufacturer and a valve or gasket supplier can each carry a share of responsibility, and each usually carries separate insurance.
That matters because responsibility in Texas is apportioned by percentage. A claimant can recover so long as the claimant is not more than 50 percent responsible, and the claim survives with the award adjusted by that share.
Texas is the only state where an employer may lawfully carry no workers compensation. If yours does not, Section 406.033 of the Texas Labor Code bars it from arguing contributory negligence, assumption of the risk, or the negligence of a fellow employee. See our page on non-subscriber work injury claims.
Evidence at a plant is controlled by the company that owns the plant. Damaged equipment is repaired or scrapped, control room data is overwritten on a cycle, and internal investigations begin immediately under a claim of privilege. A preservation letter sent early is what keeps the physical evidence and the electronic record from being lawfully destroyed before anyone independent has seen it.
Do not give a recorded statement to the plant, the contractor or any insurer before you have spoken to a lawyer.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Evidence in an industrial setting moves faster than that. Call 713-521-0059.