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More than one party can be held responsible in the event of a refinery explosion in Texas. After a Texas refinery explosion, liability may rest with the refinery operator, a third-party maintenance or turnaround contractor, an equipment or valve manufacturer, or a safety company that signed off on the work. Injured workers sometimes have claims beyond workers’ compensation, and families who lose a loved one may file for wrongful death. A Bryan industrial accident lawyer, Scott Scherr at The Payne Law Group, can identify each responsible party and fight for the compensation you are owed.
Who Can Be Held Liable for a Refinery Explosion in Texas?
Refinery explosions rarely have a single cause, so they rarely have a single responsible party. Determining liability starts with a full investigation into what failed and why. Depending on the findings, one or more of the following parties may be legally responsible:
- The refinery owner or operator, for unsafe conditions, poor maintenance, or ignored hazards
- Maintenance, turnaround, or construction contractors working on site
- Manufacturers of defective equipment, valves, or pressure components
- Engineering or safety firms that inspected or signed off on the work
- Suppliers that delivered unstable or mislabeled chemicals
Federal investigators often examine these incidents as well. OSHA and/or the U.S. Chemical Safety Board studies the root causes of refinery accidents and publishes findings that could support an injury claim. Identifying every at-fault party matters, because each one may carry separate insurance coverage.
Can You Sue Your Employer After a Refinery Explosion?
That depends on whether your employer carries workers’ compensation insurance. Texas permits most private employers to opt out, and many refineries and petrochemical companies do.
If your employer is a “nonsubscriber” without workers’ compensation, you can sue the company directly for negligence, and it cannot blame your own carelessness, claim you assumed the risk, or point to a coworker’s mistake as a defense. If your employer does carry workers’ compensation, those benefits may be your only remedy against the employer, though you can still pursue a claim for a workplace injury against other at-fault parties.
The rules are technical, and the right path depends on the facts. Legal advice early in your case can increase the chance of a successful outcome.
What If a Contractor or Manufacturer Caused the Explosion?
Even if workers’ compensation covers your injury, it does not protect outside companies. When a third party causes or contributes to a refinery explosion, you can file a separate personal injury claim against that party. Common third-party defendants include maintenance contractors, equipment and valve manufacturers, and safety inspectors.
These claims can recover damages that workers’ compensation does not, such as full lost earning capacity and pain and suffering. Many serious refinery cases involve more than one third party, which is why a thorough investigation is so important.
How Does Texas Fault Law Affect Your Compensation?
Texas follows a modified comparative negligence rule, sometimes called proportionate responsibility. You can recover compensation as long as you are not more than 50 percent at fault for the explosion. If you share some blame, your recovery is reduced by your percentage of responsibility. If you are found more than 50 percent at fault, you recover nothing.
This rule makes the company’s investigation a high-stakes contest, because shifting blame onto you directly lowers what it has to pay. A nonsubscriber employer, by contrast, cannot use your own carelessness against you at all.
What If a Refinery Explosion Causes a Death?
When an explosion is fatal, Texas law allows only certain family members to bring a wrongful death claim: the surviving spouse, children, and parents of the person who died. These claims can recover damages for lost financial support, lost companionship, and the family’s mental anguish.
If the death resulted from gross negligence or an intentional act, the family may also recover exemplary damages meant to punish the wrongdoer. A separate survival claim can pursue the losses the victim suffered before death.
How Long Do You Have to File a Refinery Explosion Claim in Texas?
In most cases, two years. Texas gives injured people two years from the date of the explosion to file a personal injury lawsuit. In wrongful death cases, the two-year clock runs from the date of the incident that caused the death.
Two years can disappear quickly once you account for medical treatment, evidence preservation, and the investigation needed to identify every responsible party. Acting early gives your attorney time to lock down witness accounts and physical evidence before they are gone.
Talk to a Bryan Refinery Explosion Attorney Today
A refinery explosion can change your life in seconds, but you do not have to face the aftermath alone. Scott Scherr at The Payne Law Group is board-certified in personal injury trial law, and our firm has fought for injured Texans across Bryan-College Station and throughout Texas since 1949. We handle injury claims on a contingency basis, so you pay nothing unless we recover for you. Reach out for a free consultation, available 24/7 with Spanish-speaking staff.