If you work at an oil refinery in Texas, you are well aware of all of the dangers that exist in your line of work. The job requirements at oil refineries often require employees to work in close quarters with heavy machinery and highly combustible chemicals. If mismanaged, oil refineries can be conducive to highly dangerous accidents that might result in fires or explosions. Therefore, workers who suffer injuries as a result of such conditions may stand to take legal action in order to protect themselves.
You may already be aware that workers who suffer injuries while on the job may be able to obtain workers’ compensation payments. However, injury victims at oil refineries may recover even more for the consequences of their injuries if the accident that caused the injuries occurred due to refinery management negligence. Negligence can be imputed where refinery supervisors fail to institute or maintain reasonable safety protocols. If their failure causes the accident which leads to injuries, a Texas court could decide that the oil refinery is responsible for covering the damages that the victim suffered. However, victims only have two years from the date of the accident to file their lawsuit.
No matter how severe your injuries, you deserve to be compensated if they were caused by oil refinery negligence. The Texas oil refinery personal injury attorneys at The Queenan Law Firm, P.C. are here to ensure that you achieve the compensation necessary to make you comfortable after your costly experience. No matter what, you are best served by having the best lawyers available at your disposal. To secure your initial consultation at no charge, contact our Texas offices by calling (817) 476-1797.
Workers’ Compensation After a Texas Oil Refinery Site Injury
When you are injured on the job at a Texas oil refinery, there is some key information that you should be aware of before taking any action. Specifically, you should be aware of the differences between the two most common methods of recovery: workers’ compensation and personal injury lawsuits.
For one, injuries that are not caused by employer negligence may still be covered by workers’ compensation. Workers’ compensation refers to the insurance policy that many employers in the State of Texas will purchase as a safety net in the event that one of their employees suffers an injury while on the job.
Texas does not require that employers obtain workers’ compensation insurance. Employers who opt out of workers’ compensation insurance (or “non-subscriber employers”) are much more difficult to deal with if you are injured on site. Employees can also opt out of worker’s compensation insurance.
If your employer does have a workers’ compensation insurance policy, you are in better shape, but there are still some things that you need to know. You have one year from the date of the accident to file your insurance claim. No matter what, you should always consider filing a lawsuit instead of pursuing workers’ compensation coverage, as personal injury lawsuit compensation from oil refinery site injuries may be much more substantial than payouts from an insurance policy.
Personal Injury Lawsuit After a Texas Oil Refinery Site Injury
Whether or not your Texas oil refinery employer carries a workers’ compensation insurance policy, you should look into whether filing a personal injury lawsuit is your best option. Personal injury lawsuits carry larger compensation packages and are available to personal injury victims regardless of the presence of workers’ compensation insurance.
In order to file a personal injury lawsuit in Texas, you will need to be able to demonstrate that your injuries resulted from the oil refinery’s negligence. Negligence is a legal term that applies when one party owed a duty to another and breached that duty, causing injury to the other party for which they can recover in their lawsuit.
Employers like oil refineries owe a duty of care to their employees. In order to satisfy their duty, oil refineries must take reasonably prudent measures to protect their employees from foreseeable harms. Common examples of actions that satisfy duties would include adequate employee training programs, regular investigative procedures to uncover dangerous conditions, and clear signage and labeling that indicates where certain dangerous conditions may exist.
If your employer failed to meet their duty of care and therefore negligently caused an accident that left you injured, you may recover damages in relation to your injuries. Damages from a personal injury lawsuit are typically much more substantial than the compensation that one might receive from a workers’ compensation plan. Personal injury damages will account for the cost of immediate and continued medical care, lost wages from missed work while recovering from the injuries, and pain and suffering experienced after the trauma of the accident or injuries.
You have two years from the date of the accident to file your personal injury lawsuit, as opposed to the one-year limit on workers’ compensation claims. However, filing a personal injury lawsuit can require more time for preparation before filing, so be sure to speak to an attorney early on.
How an Attorney Can Help After a Texas Oil Refinery Site Injury
Whether you choose to pursue workers’ compensation or a personal injury lawsuit after sustaining an injury at a Texas oil refinery site, you stand to benefit from the assistance of an attorney. Lawyers can work with you to gather evidence and estimate reasonable expectations for compensation after your accident. Lawyers can also help you prepare and file any official documents. Finally, you can designate your lawyer to negotiate with the insurance company representatives or opposing counsel so that you can remain above the fray and avoid making any costly statements against your own interest by mistake.
We Can Help You Secure Compensation for Texas Oil Refinery Injuries Today
At The Queenan Law Firm, P.C., our mission is to see that you are made whole after putting your health on the line for your job. Call us at (817) 476-1797 for a free initial consultation about our services and your legal options.