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Those hurt in a Port Arthur refinery explosion may seek damages from the at-fault party. If a worker suffers injuries on the job, they must file a workers’ compensation claim to recover medical expenses and, in some cases, lost wages. If the person injured in the accident was not an employee but a third party, filing a lawsuit against those at fault allows recovery of medical costs, lost wages, and pain and suffering.
Most people who suffer injuries in a refinery explosion accident in Port Arthur are employees of the refinery who were hurt on the job. This allows you to file a workers’ compensation claim for your losses. Several types of losses exist.
Workers’ compensation may provide coverage for all of your medical expenses stemming from the accident. This may include emergency medical care, hospitalizations, surgeries, and all rehabilitation needs.
If you are unable to work for a period of time due to your injuries, you may qualify for workers’ compensation disability benefits. No benefits are paid out for the first seven days that you miss work, unless your disability continues for more than 14 days. At that point, even the first week is paid to you.
In situations where workers’ compensation pays you for temporary income loss, you generally will receive 70% of the earnings you were receiving prior to the accident. This is calculated based on your average earnings over the previous 12 weeks.
In some situations, especially when you have ongoing injuries that prevent you from working or limit how much you work, you may be able to negotiate a settlement with workers’ compensation for your losses. This may be paid to you in a lump sum or over a period of time.
In situations where a third party caused your injuries, or you were not an employee at the refinery at the time of the explosion, you can file a personal injury lawsuit against those responsible. In doing so, you can pursue compensation for your losses. In these situations, you may seek compensation for all of the losses you have. This may include:
In a Port Arthur refinery explosion that causes damage to third parties, there may be situations where punitive damages are possible. Under Texas law, punitive damages are only awarded in personal injury or wrongful death cases if the party at fault acted in a manner considered gross negligence, malice, or fraud. Depending on the cause of the accident, this may apply.
If you are hurt in an accident at a refinery or plant, seek the guidance of an attorney to navigate what your potential damages are. A Port Arthur refinery explosion lawyer will provide you with clarity on what your rights are while also providing avenues for maximizing those damages.