Houston Explosion Injury Attorneys

If you were hurt in an explosion while performing your work-related duties, contact The DJF Law Firm, PLLC immediately to learn about your available options. You should be able to collect benefit payments through your employer’s workers’ compensation insurer if they have one. If they don’t, you could be eligible for compensation through an insurance claim or lawsuit from the party responsible for causing the explosion.

Explosions at chemical plants and oil refineries can be disastrous. The initial blast can instantly cause debilitating injuries and fatalities. Subsequent injuries can occur from flying debris, fires, and exposure to toxic substances.

You are entitled to workers’ compensation benefits if you get hurt at work. However, state law doesn’t require employers to provide insurance coverage to their employees. You might have to explore other options to recover the compensation you need to pay for your medical care and other costs.

The Houston work injury attorneys from The DJF Law Firm, PLLC understand the toll injuries from an accident like this can take. We will tirelessly work to try to get the money you deserve. Call us today at 832-529-3476 for your free consultation to learn more about how we can help.

Causes of Occupational Explosions

Working with toxic and flammable materials is inherently dangerous. A chemical reaction could spark a fire and lead to an explosion. Explosions at refineries and plants occur for numerous reasons. The most common causes of workplace explosions include:

• Inadequate maintenance or faulty machinery – Maintaining all machinery and equipment is vital to ensure everything runs correctly. A defective part or malfunctioning equipment could result in an explosion.
• Poor employee training – Every worker should undergo training. Their employer must ensure their workers know how to handle combustible materials, the proper safety measures to follow, and what to do in an emergency.
• Combustible dust – Combustible dust hangs in the air as a result of the manufacturing process and is easily ignited. Fires from combustible dust are not easy to contain and could turn into huge explosions.
• Reactive chemicals and gases – Handling combustible and reactive chemicals and gases with care is critical. Workers should follow the appropriate protocols for storing, labeling, handling, and transporting all hazardous substances.
• Corrosion – Refining crude oil requires using extreme heat. The machines can corrode from exposure to oxygen. Workers might not notice corrosion or fail to address the issue promptly. Over time, the problem worsens and can eventually lead to an explosion.
• Hot work – Welding, burning, heating, soldering, and torch cutting are all activities requiring extreme heat. Sparks and molten material these activities produce could ignite, starting a fire that can lead to an explosion.
• Employer negligence – The Occupational Safety and Health Administration (OSHA) sets and enforces standards employers and employees must meet in specific job industries. Injuries can occur if the employer doesn’t fulfill their job duties. For example, they might hire a worker without performing a background check or fail to provide the necessary safety devices and gear.

Reach out to The DJF Law Firm, PLLC immediately if a workplace explosion injured you. If your employer has workers’ comp insurance, you should receive workers’ compensation benefits regardless of the cause of the incident. We can investigate the accident, gather evidence, and file a claim on your behalf.

Common Injuries in Occupational Explosions

Explosions at chemical plants and oil refineries can cause life-threatening injuries and serious medical conditions. Blasts result in injuries from four different causes. Primary blast injuries occur when the blast wave goes through the body. Secondary blast injuries happen when the body is bombarded with flying debris from the explosion. Tertiary blast injuries are inflicted when a person’s body is thrown by the blast and lands on something. Quaternary blast injuries are all the other injuries that occur, such as explosion-related illnesses and the exacerbation of pre-existing conditions.

Injuries from an explosion can include:

• Concussion
• Blast lung
• Abdominal perforation
• Ruptured eardrum
• Globe eye rupture
• Abdominal hemorrhage
• Damage to the middle ear
• Eye injuries
• Lacerations
• Broken bones
• Loss of limb
• Penetrating injuries
• Burns
• Internal bleeding
• Spinal cord injury
• Traumatic brain injury
• Lung damage
• Paralysis

Workers’ Compensation Benefits for Explosion Injuries

If your employer has workers’ compensation insurance, two types of benefits are available.

Medical Benefits

You are automatically entitled to medical benefits after an occupational accident. The workers’ comp insurer will pay for all necessary and reasonable medical care. However, you must see a physician in the healthcare network if your insurer is in a network. Seeking treatment outside of the network without approval could result in paying your expenses out of pocket.

Income Benefits

The income benefits you receive will depend on various factors. The four main types of income benefits include:

• Temporary income benefits – If your job-related injury causes you to lose all or some of your wages for longer than seven days, you could collect temporary income benefits (TIBs). Payments are 70 percent of the difference between your average weekly wage (AWW) before and after the explosion. Coverage ends if 104 weeks pass since the eighth day of your injury, your doctor places you at maximum medical improvement, or you start making your AWW.
• Impairment income benefits – Impairment income benefits (IIBs) cover illnesses and injuries that affect the body as a whole. Payments are 70 percent of your AWW. The number of weeks you receive benefits will depend on your impairment rating. Your doctor will give you an impairment rating based on the level of impairment caused by your injury. Each percentage point of the rating is equal to three weeks of payments.
• Supplemental income benefits – When your IIB coverage ends, supplemental income benefits (SIBs) can begin. You must meet multiple conditions to be eligible for SIBs.
• Lifetime income benefits – You can collect lifetime income benefits (LIBs) if you have a qualifying injury, such as permanent and total loss of sight in both eyes or a spinal injury causing permanent and complete paralysis in both arms, both legs, or one arm and one leg. Payments are 75 percent of your AWW and increase by three percent for every year of your qualifying injury.

Filing a Third-Party Lawsuit for an Explosion Injury

Workers’ compensation law prohibits employees from suing their employers if they’re collecting workers’ compensation benefits. However, whether your employer carries worker’s comp coverage or not, you might be able to file a lawsuit against a third party if your employer’s or someone else’s negligence caused the explosion.

The compensation you receive in a third-party lawsuit might cover your:

• Prescriptions, skin grafting, hospitalization, and other medical expenses
• Loss of household services
• Pain and suffering
• Mental anguish
• Physical impairment or disfigurement
• Lost wages
• Lost earning capacity
• Damage to personal property

You could also seek exemplary damages in a lawsuit against the negligent party. You must show clear and convincing evidence that the defendant acted with malice, gross negligence, or fraud to receive this financial award.

Contact Us

The Houston explosion injury attorneys of The DJF Law Firm, PLLC will aggressively pursue a workers’ compensation claim or third-party lawsuit to secure the money owed to you. We will provide the personalized attention and support you need to get through this traumatic experience.

If you suffered injuries in a workplace explosion, call The DJF Law Firm, PLLC at 832-529-3476 today for your free consultation.