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One fact that comes as a surprise to many of our potential new clients is that worker’s compensation is not the same thing as a personal injury claim. Moreover, you generally cannot sue your employer if you have a worker’s comp agreement. Workers’ compensation and personal injury claims are two separate legal systems. However, that does not mean that you cannot receive compensation for damages suffered at the workplace. For example, if you were injured as the result of third-party malfeasance, or because of the actions of another company not covered by your worker’s compensation, then you likely have a case.
If this topic still seems confusing, we’ve written the following article to explain everything in detail.
What Workers’ Compensation Covers in Texas
Workers’ compensation is a state-regulated insurance program that provides limited benefits for employees injured on the job. The program is overseen by the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC).
It typically covers:
- Medical care for job-related injuries or illnesses
- Partial wage replacement during recovery
- Disability benefits or death benefits for fatal accidents
However, this coverage comes with strict limits. Workers’ compensation does not pay for pain, emotional distress, or loss of quality of life. In most cases, workers who receive these benefits cannot sue their employer directly, even if unsafe conditions caused the injury.
Subscriber vs. Non-Subscriber Employers
Texas is the only state that does not require private employers to carry workers’ compensation insurance.
- Subscribers participate in the state program. Their employees are limited to workers’ compensation benefits.
- Non-subscribers opt out of the system. Their employees can sue for negligence if unsafe conditions caused the injury.
Many refinery operators and industrial contractors in the Houston and Gulf Coast regions – including Pasadena, Baytown, and Port Arthur – operate as non-subscribers. Injured workers should verify employer coverage using the TDI Employer Search Tool.
So When Can I Sue?
A personal injury claim allows refinery or plant workers to hold negligent employers, contractors, or manufacturers accountable when safety violations or defective equipment cause harm.
This type of claim can recover:
- Complete medical expenses, including surgery and long-term care
- Full lost wages and future earning capacity
- Pain, suffering, and mental anguish
- Disfigurement, disability, and loss of enjoyment of life
Personal injury cases often arise after explosions or fires linked to poor maintenance, safety lapses, or defective components. Investigations may involve federal and state safety agencies, including:
- Occupational Safety and Health Administration (OSHA) – enforces workplace safety standards and issues refinery citations.
- U.S. Chemical Safety and Hazard Investigation Board (CSB) – investigates major refinery explosions and chemical incidents.
- Texas Commission on Environmental Quality (TCEQ) – monitors air quality and chemical releases following industrial accidents.
For example, OSHA cited ExxonMobil Baytown and LyondellBasell Houston Refinery after separate 2023 explosions that injured multiple workers (OSHA News Release 2023-43). These types of cases often reveal patterns of equipment failure or inadequate hazard control that form the basis for personal injury lawsuits. Unfortunately, the government organization responsible for investigating these cases, the Chemical Safety Board, has been severely underfunded for the better part of a year.
| Workers’ Compensation | Personal Injury Claim | |
|---|---|---|
| Fault Requirement | No fault required | Must prove negligence or unsafe conduct |
| Who Pays | Employer’s insurer | Employer (if non-subscriber) or third party |
| Damages Covered | Medical bills and partial lost wages | Full financial losses + pain and suffering |
| Pain and Suffering | Not covered | Fully recoverable |
| Legal Process | Administrative claim through TDI-DWC | Settlement or civil lawsuit in court |
| Speed of Payment | Faster but limited | Longer process, higher potential recovery |
Common Refinery and Industrial Accidents in Texas
Texas leads the nation in serious refinery and chemical plant incidents. According to the CSB’s incident database, many of these events occur in Harris and Jefferson counties. Common causes include:
- Explosions during maintenance or startup caused by improper purging or over-pressurization.
- Toxic chemical releases involving hydrogen sulfide, benzene, or sulfur dioxide exposure.
- Flash fires triggered by flammable vapor leaks or static discharge.
- Defective valves, pumps, or alarms that fail under stress.
- Subcontractor negligence during turnarounds or construction projects.
OSHA’s Refinery Process Safety Management guidance outlines federal requirements meant to prevent such accidents, yet violations remain frequent across the Houston industrial corridor.
What Should I do if I Am Injured?
Seek Immediate Medical Treatment
Serious burns and chemical exposure require prompt evaluation. Workers covered by the state system can find approved medical providers through the TDI Workers’ Compensation Health Care Network Directory.
Report the Injury Quickly
Texas law requires workers to report injuries to their employer within 30 days to remain eligible for compensation.
Verify Employer Coverage
Use the TDI Employer Search Tool to confirm whether your employer has workers’ compensation insurance.
Preserve Evidence
Take photos of the scene, damaged equipment, and visible injuries. Save medical records, witness statements, and incident reports.
Contact an Experienced Refinery Accident Attorney
A qualified attorney can identify liable parties, review safety records, and help determine whether to pursue a workers’ compensation claim, a personal injury lawsuit, or both.
Legal Deadlines in Texas
- Workers’ Compensation: Report within 30 days and file a formal claim within one year (see Texas Labor Code §409.003).
- Personal Injury or Wrongful Death: Must be filed within two years of the incident (Texas Civil Practice and Remedies Code §16.003).
Failing to meet these deadlines can permanently bar recovery.
Contact an Experienced Worker’s Injury Claim Lawyer in Houston
If you were injured in a refinery or industrial accident, and you don’t qualify for worker’s compensation, you need to contact an experienced personal injury attorney immediately. Do not accept any money from your employer and do not speak to insurance companies without talking to our firm first.
Many Texas employers operate outside the state system, and third-party contractors or equipment manufacturers may also share responsibility for unsafe conditions. If you were injured in a refinery explosion, chemical fire, or toxic exposure in the Houston or Gulf Coast region, you have legal rights to pursue recovery for medical care, lost income, and long-term impact.
The Law Offices of Hilda Sibrian represents refinery and industrial workers throughout Texas. Call 713-714-1414 to discuss your case and learn which type of claim applies to your situation.
