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Oil refinery workers do the important work that keeps our country fueled and moving. This work is difficult though, and fraught with dangers. If the powers that be fail to properly safeguard their employees from any of the potentially destructive elements that exist on an oil refinery site, they leave the door open for grievous or potentially lethal consequences. As an integral worker facing extraordinary risk, you deserve to know your legal rights in such situations.
Oil refineries owe a duty to their employees and anyone else who they might invite onto the site, such as independent subcontractors. Their duty is to take reasonably prudent steps to prevent any foreseeable harms to those who might be endangered. Any failure to live up to this standard leaves the oil refinery on the hook for the consequences. If you are injured due to the oil refinery’s negligent acts or inaction, they could be forced to compensate you for damages. This compensation will likely be more valuable than workers’ compensation. An attorney can help you gather evidence, file your claim appropriately, and advocate on your behalf.
If you have been injured on an oil refinery site in Fort Worth and believe that the oil refinery is to blame, we can help. Our Fort Worth oil refinery personal injury attorneys are familiar with oil refinery operations and can present you with all of the options at your disposal. We can work on a flexible contingency fee structure that only get us paid once we secure compensation for you. For your free initial consultation with us, call (817) 476-1797.
Oil Refinery Site Safety Responsibilities in Fort Worth
Fort Worth oil refineries owe a legal duty of care to their employees and contractors just like any other business in the State of Texas. While oil refinery workers are exposed to a number of dangerous elements in the course of their job, this does not impact the responsibility of their employer to abide by reasonable safety measures to help protect workers from harm.
Oil refinery employees in Fort Worth are legally entitled to this protection. Specifically, oil refineries must take reasonably prudent steps to investigate the site for the existence of dangers, cure those dangers where possible, and if not, sufficiently warn their employees of the dangers and prepare them for the circumstances.
Common methods of achieving the appropriate standard of care at an oil refinery include the following:
- Instituting thorough training programs for new hires, and requiring periodic refreshers on safety guidelines and appropriate processes
- Requiring routine safety checks of areas that may become dangerous
- Providing effective safety attire such as flame-retardant clothes or hard hats
- Implementing clear and distinct labeling procedures for toxic or combustible chemicals to avoid erroneous mix-ups
- Enforcing work time caps to prevent excessive stress or fatigue in employees, which can lead to dangerous mistakes
Determining Liability in a Fort Worth Oil Refinery Injury Case
We would like to think that maintaining a safe work environment at a Fort Worth oil refinery is easy and straightforward. Unfortunately, it is not uncommon for oil refinery management staff to be confronted with the decision of whether to sacrifice worker safety at the behest of meeting an aggressive production schedule or avoiding inconvenience.
For example, safety checks may uncover unsafe conditions which would warrant a production slowdown. The best and most effective fire-retardant gear might be more expensive or harder to obtain. Safety training programs can be rushed in the name of getting needed help on the lines faster.
Any of these issues of conflict which cause an oil refinery to choose their bottom line over the safety of their charges may create liability if their decision ultimately leads to an accident that injures someone. A Fort Worth court will determine whether the oil refinery is to blame based on a number of factors:
- Whether the absent, ignored, or deficient safety measures are reasonable or common in the industry
- Whether the accident or resulting injuries would have occurred if not for the oil refinery’s decision
- Whether the accident was a foreseeable result of the oil refinery’s failure to exercise their duty of care
- Whether there were any superseding causes of the injuries that may detract blame from the oil refinery
Courts will also consider whether the injured person was also contributorily negligent and therefore somewhat responsible for the accident or the injuries sustained as a result. If the victim’s negligence is determined to have played a role, the potential recovery may be proportionally decreased in accordance with Texas law. However, this is not always the case. For instance, if an employee on the back end of an 18-hour shift misread the labels on a container of chemicals, causing a mistake that led to an accident, a court may still determine that the oil refinery is to blame for allowing excessively fatigued employees to work with dangerous chemicals.
Recovery for Damages from a Fort Worth Oil Refinery Site Injury
Absent any refinery negligence, an injured employee will still likely be able to obtain workers’ compensation for their injuries. However, if the refinery negligently caused the worker’s injuries, the worker can sue and recover damages in court. A court will order a negligent oil refinery to compensate the injured worker in accordance with medical expenses, lost wages, and pain and suffering. Calculating damages is very subjective and depends on the facts of the case, so if you are wondering how much you stand to recover in a case against a Fort Worth oil refinery after sustaining an injury, your attorney can help you come up with a reasonable estimate.
Our Fort Worth Oil Refinery Personal Injury Attorneys Can Represent You Today
The Queenan Law Firm’s Fort Worth oil refinery injury lawyers have been fighting on behalf of clients just like you for decades. We have the experience, knowledge, and resources to work for the compensation you rightly deserve. To speak with us for free, set up your first consultation by calling (817) 476-1797 today.