Refineries are facilities or sites where various chemical engineering units refine specific materials and chemicals. Typically, this involves converting raw materials into valuable products that companies can sell or incorporate into marketable materials or products.
One example is a sugar refinery, which refines sugar cane to produce table sugar for consumers. Another example would be the refining of petroleum to make usable oil products.
Because of the nature of the refining process, a facility may involve very complex and, in some situations, dangerous operations. Refining products usually consists of applying heat to the raw material in addition to using solids, liquids, or gasses that may be dangerous.
A refinery accident may occur in connection with these complex refining processes. Because a refinery uses large amounts of materials, accidents can cause severe injuries and extensive property damage.
Common examples of refinery accidents and injuries include:
What Parties Can Be Liable for a Refinery Accident?
As previously noted, many moving parts are at work to complete the complicated refining process. Additionally, they may involve numerous individuals and organizations that work together to create a final product.
Many different parties may be liable for refinery accidents, and problems may arise at any number of steps in the refining process.
For example, the following parties may be held liable for a refinery accident:
- Negligent individuals who are involved in handling materials;
- Safety inspection personnel;
- Compliance managers;
- Suppliers of materials or machinery used in the refinement process, for example, who supply a defective product; and
- Employees at the refinery site.
Multiple individuals and organizations may be liable for a given refinery accident. For example, high-level members of management may be held responsible in some instances, as well as suppliers.
One example of this would be if members of site management were aware of dangerous work practices but failed to create a safe work environment or adequately train workers on safety protocols.
What Is Workers’ Compensation?
Workers’ compensation, also called workers’ comp, is a type of insurance covering on-the-job injuries. All states, except Texas, require employers to carry adequate workers’ compensation insurance.
In the workers’ compensation system, the employer’s insurance policy provides eligible workers who experience job-related illnesses or injuries with medical benefits and wage replacement.
In most cases, employees cannot sue their employer for negligence in court if they file a claim through the workers’ compensation system. The employees benefit from this system because they do not have to prove fault to recover compensation for their job-related injuries. Likewise, employers can also benefit because they save the money and risk involved in litigating personal injury claims.
For refineries, where the damages can be quite extensive in an accident, providing workers’ compensation can help keep a damper on the financial payouts when injuries occur. Without this system, refineries may be at a higher risk of bankruptcy when accidents occur.
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What Is the Difference Between Personal Injury and Workers’ Compensation?
In personal injury cases, injured individuals file a lawsuit in civil court against the entities whose negligence caused their injury. The injured party, or the plaintiff, can recover damages for their lost wages, injury-related medical expenses, and the other economic costs of the accident.
A plaintiff may also recover a financial award for their pain and suffering, loss of quality of life, and other noneconomic damages. In many cases, plaintiffs may receive substantial monetary awards for their pain and suffering.
However, it is essential to note that recovering damages in a personal injury case is never guaranteed. Further, some states limit the maximum amount of noneconomic damages plaintiffs can receive in personal injury cases.
Examples of the main differences between a personal injury lawsuit and a worker’s compensation claim include the following:
- Determining fault: An individual who files a personal injury lawsuit must prove that the at-fault party is responsible for causing the accident or injury. In most cases, this would involve some form of negligence;
- In contrast, the injured employee in a workers’ compensation claim does not have to prove that the employer is at fault or negligent for them to recover compensation;
- Damages for pain and suffering: In a personal injury case, an individual can recover an award of damages for pain and suffering if the facts justify it. The plaintiff may receive these damages in addition to economic damages to compensate them for lost wages and the costs of medical care;
- In contrast, a workers’ compensation award does not include an amount for pain and suffering. In addition, workers’ compensation awards are usually paid weekly or periodically, while personal injury damages are generally collected in lump sums;
- Punitive damages: A worker cannot recover punitive damages, which are damages that a court imposes on a defendant who intentionally, recklessly, or maliciously caused an accident or injury;
- An individual who files a personal injury lawsuit might recover punitive damages if the facts warrant it, such as where the defendant engages in egregious conduct;
- Right to sue: Technically, a worker injured or sickened on the job cannot file a lawsuit against an employer. In the majority of cases, a worker must use the workers’ compensation system in their state to pursue a financial award; and
- Forum: Plaintiffs file a personal injury lawsuit in a civil court of general jurisdiction that oversees the entirety of the claim;
- In contrast, most states have separate administrative law hearing systems for processing workers’ compensation claims.
One of the more common types of workers’ compensation injuries includes slips, trips, and falls on the job. Workplaces do not have to be especially hazardous for employees to slip on a wet floor or a snowy walkway.
Are There Any Legal Remedies for a Refinery Accident?
A refinery accident may cause substantial damages and may affect many individuals. For example, an explosion or a chemical leak may affect numerous employees and surrounding neighborhoods or communities.
The effects of these types of incidents may, in some cases, linger for years, especially if a chemical seeps into the groundwater. In these situations, the affected communities may have to pursue legal action to receive fair compensation for their injuries and prevent further harm.
In many cases, a refinery accident can lead to a monetary damages award for losses suffered, including medical expenses and property damage. Depending on who the injured party is, the laws governing work injuries may also apply to these cases depending on who the injured party is.
In cases where an accident is due to faulty company policies, the affected population may receive other remedies. For example, a judge may issue an injunction requiring a refinery site to cease operations that are harmful to workers or nearby residents.
Many refinery accidents may lead to class action lawsuits if a large group of individuals suffers harm in the accident.
Do I Need a Lawyer for Help with a Refinery Accident Lawsuit?
Refinery accidents may invoke complex laws that require a trained eye to understand. If you suffer an injury in a refinery accident, consider consulting a personal injury attorney. Contact a workers’ compensation attorney for assistance if you are an injured refinery worker.
Your attorney can advise you of the laws of your state and your possibility of recovery. In addition, when you appear in court, your attorney will provide you with legal representation and guidance during those processes.
