EMPLOYEES’ RIGHTS IN EXPLOSION CASES

POSTED BY GLENDA COCHRAN ASSOCIATES ATTORNEYS AT LAW || 8-AUG-2022

On Friday morning, July 29th, a large oil tank exploded at an oil well storage facility in Flora, Mississippi, in Madison County. According to media reports, the property is owned by W.S. Red Hancock Inc., and workers were doing maintenance when the tank exploded, “creating a firebomb.” Six workers were caught in the explosion, suffering severe burns and injuries. Two were airlifted from the scene, while the others were taken to the hospital by ambulance. It is unclear at this time what caused the accident, but state and federal authorities are investigating.

CAN I SUE FOR DAMAGES IF I’VE RECEIVED A WORKERS’ COMPENSATION PAYOUT?

In these kinds of explosion incidents, workers and bystanders can be killed or suffer severe burns and injuries that forever alter their lives and those of their loved ones. When a worker dies or is injured at work, the employer is liable under state workers’ compensation laws to pay the worker’s medical bills and certain other compensation, regardless of who was at fault. However, while workers’ compensation provides a virtually assured remedy, it is limited. For example, workers’ compensation does not include damages for pain, suffering, or lost enjoyment of life. It also doesn’t allow damages to punish and deter wrongful conduct. Injured workers are permitted to sue for broader, compensatory, and punitive damages from parties other than the employer. Third-party claims cover the wrongful conduct of other parties who could be the sole or contributing cause of an explosion or other workplace accident. For example, the injured employee may seek to recover damages against the owner of the premises where the employee was sent to work, the manufacturer of a defective product, or a contractor that improperly installed, maintained, or used equipment involved in the explosion.

CALL GLENDA COCHRAN ASSOCIATES FOR THIRD-PARTY LAWSUITS

In these “third-party” lawsuits, determining the precise cause of the explosion and the parties at fault are critical, complex matters that the injured employee is required to prove. Navigating these issues to get the full recovery to which a worker may be entitled takes experienced attorneys who have previously handled these kinds of explosion cases. Glenda Cochran Associates has done so many times, including cases involving pipelines, storage tanks, valves, gasoline, oil, natural gas, and propane.

If you or a loved one was seriously injured in an explosion accident, contact Glenda Cochran Associates today for a free consultation.


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