First responders were able to pull 5 of the workers from the rubble. Tragically, one worker, Raul Ortega Cabrera, didn’t make it out of the accident alive. Monday afternoon, six construction workers who […]
Working in a chemical plant or refinery in Texas carries with it a certain level of risk that isn’t normally seen in most jobs. Hazardous conditions can lead to accidents which cause catastrophic and life-changing injuries, permanent disability, or even wrongful death. It's important to understand, though, that this does NOT excuse an employer from liability when their negligence leads to an employee being injured or killed on the job.
There are various ways chemical plant injuries take place. Here is a short list:
The Occupational Safety and Health Administration (OSHA) issues regulations and guidelines that industries have to follow when it comes to keeping its workers safe. These rules are sometimes ignored to the detriment of the workers. This kind of negligence is punishable by law, and all injured individuals have a right to seek compensation that will go into covering the cost of their medical treatment, rehabilitation, lost wages, pain and suffering and more.
Benzene is a dangerous chemical often used in both oil refineries, as well as chemical plants. This flammable chemical is used as a solvent and featured heavily in the making of industrial products. Some of the effects that come with short and long-term exposure include dizziness, loss of consciousness, bone marrow disease, and blood cancer (leukemia).
Hydrogen sulfide is a gas with an odor mimicking the smell of rotten eggs. It is a sulfur-based compound, giving it corrosive properties. Long-term exposure often leads to cardiovascular problems, memory loss, asthma and cognitive issues later in life.
Your employer is responsible for keeping you safe from unreasonable or foreseeable harm. This means that they should offer adequate training and monitoring, as well as provide you with the correct work gear to work in such dangerous environments. In addition, they have a responsibility to make sure that all equipment is in top condition at all times to mitigate any mechanical failure that may happen. Lastly, if they are found to be negligent, they may be held legally responsible (liable) for 100% of damages (medical bills, pain and suffering, lost wages, etc) related to the work accident.
Many people do not know this, but your legal options following a workplace accident directly depend on your employers workers' comp status. Because workers’ compensation coverage is optional in Texas (as opposed to every other state), you will need to determine your employer's workers' comp status in order to determine your rights.
Employers who do not subscribe to Texas workers' comp insurance (nonsubscribers) can be sued for 100% of the victim's losses. If your employer DOES carry "workers' compensation" insurance (and not a "fake" closely-named insurance plan), you may be barred from even filing a lawsuit. Of course, we must stress that every situation is unique, and the best way to understand the options available to you would be to call a work injury attorney for a free consultation.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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