Who can claim compensation for explosions at a plant or refinery?

Suppose you work in a dangerous industry where explosions might occur, such as an industrial plant or refinery. In that case, it’s good to think proactively about what you should do if a catastrophe occurs. Every facility should have emergency protocols and evacuation routes. Immediate medical attention could be critical during such an incident.

While tending to injuries is the foremost concern in the aftermath of a catastrophe, priorities then shift to the recovery process. It won’t be long before victims of workplace explosions will need longer term assistance to recover from a catastrophe. 

Longer term costs of a catastrophe may include:

• Loss of income
• Cost of current and future medical expenses
• Pain and suffering
• Emotional distress

Government, legal options for explosion victims

Government programs and litigation can help survivors recover compensation for explosions. 

For example, worker’s compensation systems provide medical and cash benefits to people injured at work. This applies to employees in all states except Texas and begins on the first day of employment. This covers all necessary medical expenses and part of lost earnings related to injuries sustained on the job. To be eligible for cash benefits, a worker must have a disability that prevents them from working, either temporarily or permanently. Temporary benefits are paid until the worker reaches maximum recovery from the disability. Depending on the state and circumstances, an employer may be required to pay permanent disability benefits.

While such systems are in place to protect workers, companies may dispute having to pay disability benefits, in which case an attorney may be needed to help protect your rights. If the government denies a disability claim, which is quite common, an attorney can help navigate that process as well. In addition, government systems do not directly address issues like pain and suffering damages, liability attached to negligence, or punitive damages, meant to incentivize corporations to make workplaces as safe as possible.

Conflicting priorities regarding worker compensation for explosions

If you work at a refinery or any type of industrial plant, you deserve to work in a safe environment. Profit-driven corporations, who may view safety precautions as costly, don’t always do what’s best for employee safety. In fact, in many industrial explosions, companies had warnings or knew about dangerous conditions but did nothing to address them before the incident happened. Marathon Petroleum, for example, experienced a late-night explosion in February 2020, resulting in a fire. The fire occurred in a section of the plant that had previously been cited for workplace safety violations, the LA Times reported. In another example, Halliburton was hit with a $1 billion settlement payout for its role in a BP oil spill. The New York Times reported that several studies showed that “had the cement Halliburton mixed and applied to the well been sturdy enough, the worst offshore oil spill in American history would probably not have occurred.” In September 2022, Packaging Corporation of America agreed to pay $2.5 million to resolve claims that a 2017 plant explosion in Louisiana killed three welders and injured seven people. According to the class action lawsuit, the company failed to empty a nearby 100,000 tank before welders repaired cracks on two pipelines. The resulting explosion allegedly launched the tank over a six story building before it landed on mill equipment 400 feet away from the explosion.

Explosions at workplaces are preventable. Most of the time those injured are at no fault for the incidents that lead to their injuries. For example, a Texas export plant explosion in June 2022 was found to be the fault of inadequate operating and testing procedures by Freeport LNG. According to the Pipeline and Hazardous Materials Safety Administration (PHMSA), the operator failed to address inadequate temperature controls and faulty wiring which led to the large explosion.

After tending to immediate health needs, injured victims must soon begin thinking about the process of getting compensated to pay bills and recover. If you or family members are due compensation for explosions at their workplace, legal representation may be the only way to receive fair compensation and ensure that workplaces are held accountable.