Houston Refinery Accident Lawyers

What Are the Common Causes of Texas Refinery Accidents?

Refinery accidents can have devastating consequences, ranging from minor injuries to severe, catastrophic outcomes, negligence-related deaths, or even environmental damage. They can also result in significant economic losses for all involved parties, their families, and the companies. While some accidents may be the result of conditions beyond human control, many can be attributed to negligence and error by one or more individuals. Here, we list some details about common causes that lead to refinery accidents.

• Failure to adhere to state and federal workplace safety laws: Refineries are subject to a series of safety regulations imposed by both state and federal authorities. Failing to comply with these laws, as well as having inadequate safety protocols, insufficient inspections, or improper handling of hazardous materials, can significantly increase the risk of accidents.
• Inadequate training: Insufficient or inadequate training for refinery workers implies an increased risk of accidents. Refinery operations involve complex processes and handling hazardous materials. Therefore, employees must be well-trained to understand risks, use protective equipment, and respond appropriately to emergency situations. Superficial or poor training can lead to errors or improper handling of materials or equipment, increasing the likelihood of an accident.
• Negligent hiring: Hiring individuals lacking the necessary skills, experience, or knowledge for work in a refinery can contribute to accidents. Proper background checks, as well as verifying skills and examining candidates' experience, are essential steps to ensure a safe and trained workforce. Negligent hiring practices can result in inexperienced or incompetent employees operating critical equipment, fostering a potential accident.
• Incorrect storage of hazardous materials: Refineries handle and store various hazardous materials, including flammable gasses and liquids. Failing to store these materials correctly (incorrect segregation, inadequate labeling, or inappropriate containers) can lead to leaks, spills, fires, or explosions. Inadequate storage practices can result from a lack of adherence to safety protocols or a failure to implement appropriate measures.
• Inadequate equipment maintenance: Refinery equipment requires constant maintenance to ensure safe and efficient operation. Ignoring equipment maintenance, avoiding inspections, or postponing repairs can lead to equipment failures and leaks that can escalate into accidents. Inadequate maintenance practices can compromise the integrity of critical components and increase the risk for workers.
• Defective equipment: The use of defective or faulty equipment in refinery operations can pose a significant hazard. Factory defects, inadequate quality control, or failure to identify and replace defective parts can lead to equipment failures, leaks, or other errors. Regular inspections, quality review measures, and replacement of defective equipment are essential to minimize the risk of accidents due to this cause.

It is essential to emphasize that these causes are not exhaustive, and other refinery-specific factors can also contribute to accidents. Refinery operators and their employers have a responsibility to prioritize safety, implement robust safety protocols, provide adequate training, and ensure that rules are followed to mitigate the risks associated with refinery operations.

What Are the Common Types of Oil and Gas Accidents?

Industrial accidents in the oil and gas sector can have severe consequences, including explosions, fires, falls, and exposure to toxic substances. Here, we will explain the most common types of industrial accidents:

• Explosions: Petroleum and gas are highly flammable substances, posing a significant risk of explosions for the industry. These explosions can occur due to various factors, such as equipment malfunctions, leaks, improper handling of volatile materials, or ignition sources. The rapid combustion of flammable substances can lead to powerful explosions, causing extensive infrastructural damage, injuries, or worker fatalities and potentially affecting nearby communities as well.
• Fires: Fires can occur in refineries and other oil and gas facilities, representing a significant risk for workers. Fires can be triggered by various factors, including equipment failures, short circuits, chemical reactions, or human errors. The presence of flammable materials and the high temperatures involved in oil and gas operations can contribute to the rapid spread of a fire. Workers encountering a fire may suffer severe burns, respiratory injuries from smoke inhalation, and other injuries while attempting to control the fire or evacuate.
• Falls: Working at heights is commonly a requirement in the oil and gas industry, involving construction, maintenance, and inspection activities on offshore platforms and elevated structures. Falls from heights can occur due to inadequate fall protection measures, improper use of protective equipment, structural failures, or human errors. These falls can result in severe injuries, including broken bones, traumatic brain injuries, spinal injuries, or even death.
• Exposure to Toxic Substances: Oil and gas operations involve handling various types of chemicals and substances that can be toxic to human health. Workers can be exposed to these hazardous materials through inhalation, skin contact, or ingestion. Exposure to toxic substances can lead to respiratory problems, dermatological conditions, chemical burns, organ damage, or various long-term health effects. Failing to implement appropriate safety measures, inadequate training, or a shortage of personal protective equipment can increase the risk of incidents involving exposure to toxic substances.

Employees in the oil and gas industry need to prioritize safety by implementing strict protocols, providing comprehensive training, ensuring proper equipment maintenance, and reinforcing adherence to safety regulations. Regular inspections, hazard assessments, and the appropriate use of safety measures can help mitigate the risks associated with these common types of industrial accidents.

What is the Time Limit for Refinery Accident Claims?

The time limit, or statute of limitations, for refinery accident claims can vary depending on the type of claim and jurisdiction in the following ways:

1. Worker's Compensation Claim: In many states, including Texas, workers' compensation laws govern claims for injuries or illnesses in the workplace. These laws typically require employees to report their injuries or illnesses to their employer within a certain timeframe, usually 30 days. Additionally, there is a time limit to file a worker's compensation claim, typically within one year from the date of the accident or the onset of the illness. It is important to report these injuries correctly and make the formal claim within the designated time limits to preserve the right to benefits.
2. Jones Act Claims: For maritime workers in the oil and gas industry, considered seamen under the Jones Act, legal protections are provided. Under the Jones Act, seamen have three years from the date of the injury to file a claim seeking compensation for injuries caused by their employer's negligence or the vessel's malfunction. This timeframe gives seamen additional time compared to traditional workers' compensation for seeking remedies for injuries incurred while performing their duties.
3. Personal Injury and Wrongful Death Claims: If a refinery accident results in personal injury or wrongful death due to negligence, separate claims can be made against the responsible parties. In these cases, including claims based on negligence, premises liability, or product liability, the statute of limitations typically dictates the timeframe within which these claims must be filed. In many jurisdictions, including Texas, the statute of limitations for personal injury and wrongful death claims for refinery accidents is two years from the date of the incident. It is important to consult with a lawyer as soon as possible to understand the deadlines and file claims in a timely manner.

It is essential to note that statutes of limitations can vary in each jurisdiction and specific case circumstances. Therefore, seeking legal consultation from one of our experienced refinery accident lawyers is crucial to understanding the precise timing of deadlines that apply to your situation. Failing to file a claim within the time limits may result in the loss of your rights to obtain compensation.

How Our Attorneys Can Help After a Refinery Accident

After a plant or refinery accident occurs, and the immediate danger is neutralized, the following steps are typically taken:

• Deep Investigation: Various agencies, such as the United States Chemical Safety and Hazard Investigation Board (CSB), OSHA, and local authorities, conduct an extensive investigation to determine the causes of the accident.

To ensure that your rights and interests are protected, it is essential to have a dedicated Houston industrial accident attorney like Hilda Sibrian®, who can:

• Conduct an independent investigation: Hilda Sibrian® chemical plant injury lawyers in Houstons specialize in refinery accident cases and are committed to advocating for victims. Our experienced attorneys conduct an independent investigation to gather vital evidence.
• Collaborate with experts: We collaborate with industry experts and other specialists to analyze the obtained evidence and complement our extensive knowledge of the oil and gas sector.
• Determine the root cause: Through meticulous analysis, we determine the primary cause of the accident, whether it involves fire, explosions, electrical burns, collateral injuries, or devastating consequences for families who have lost a loved one.