Serving Residents Throughout Hidalgo County and all of Texas.
If you or a loved one has been seriously injured in an industrial accident, the experienced McAllen plant explosion accident attorneys at the Law Firm of Ricardo A. Garcia will fight the insurance companies to earn you the maximum compensation available by law.
Every year, thousands of workers are at risk of being injured or killed in a workplace plant explosion accident. While it is not the most common type of workplace injury, it is more common than most people would assume. OSHA states an average of 5,000 people are injured every year in factory work areas due to fires and explosions. In 2014, the National Census of Fatal Occupational Injuries reported that the percentage of deaths caused by explosions in the workplace increased 25% from previous years.
Most plants work with heavy industrial materials, toxic chemicals, and without proper safety measures, these can be the ingredients to a tragic explosion that can take many lives or cause lifelong injury. It is the job of the employer to provide a safe plant for their employees to work, though that is not always the case.
Types Of Oilfield Accidents We Take
Oilfield accidents happen often and in many ways, with each accident demanding a unique legal approach by seasoned professionals. These types of accidents often lead to severe and life threatening injuries. if you are injured or lost a loved on, we can help you seek compensation.
Here are a few types of accidents we have recently defended:
- Explosions and Blowouts: resulting from equipment failure, gas leaks, or insufficient safety measures. An explosion or blowout can lead to severe injuries, property damage, and long-term health issues. Our team investigates the technical and procedural failures that contributed to these events.
- Machinery and Equipment Accidents : Any accident involving heavy machinery can cause devastating injuries if proper safeguards are not in place. Whether it’s a malfunction or inadequate training, we thoroughly examine how negligence caused your injury.
- Slips, Trips, and Falls: Often due to Hazardous working conditions, such as slippery surfaces or uneven terrain. These types of accidents often seem minor at first, but end up resulting in serious injuries. Our investigations can establish how unsafe conditions played a role in these types of injuries.
- Chemical Exposure: Exposure to hazardous chemicals is a huge risk in the oilfield industry, which can cause severe long lasting injuries, and illnesses. We have a team of experts that know how to assess exposure levels and link unsafe practices or inadequate protective measures to your injury.
Types of Injuries from Oilfield Accidents
A plant explosion accident can be the result of relaxed safety rules, poor employer management, or because of a general disregard of the importance of protecting employees. The results are a wide range of injuries, many of which require extensive medical treatment and long-term rehabilitation. Below are some common types:
- Burns and Thermal Injuries: Often caused by explosions, and exposure to hot material. Severe burns can lead to permanent scarring, loss of function, and require extended medical care, which will include surgeries and rehabilitation.
- Cuts and lacerations: Often occurs due to falling debris and from the explosion itself. This can cause a variety of issues from deep cuts, with permanent scarring or even a loss limbs.
- Traumatic Injuries (Fractures and Soft Tissue Injuries): Results from heavy machinery accidents, falls, or impacts during an explosion. Fractures, broken bones, and soft tissue injuries can cause chronic pain and may limit mobility, affecting your ability to work.
- Chemical-Related Injuries: Exposure to hazardous chemicals can cause respiratory issues, skin irritation, or long-term organ damage. Chemical injuries may not be immediately apparent but can lead to severe health complications over time, requiring specialized medical treatment.
- Hearing and Vision Loss: High-impact explosions or mechanical failures can damage sensory organs. Loss of hearing or vision significantly impacts quality of life, and these injuries often require ongoing medical intervention and assistive devices.
- Neurological Injuries: Head trauma or exposure to toxic substances may lead to brain injuries.Neurological injuries can have long-term effects on memory, cognition, and overall quality of life, often necessitating intensive rehabilitation.
- PTSD: Usually the experience itself will cause emotional and mental damage.
Safety in The Workplace
While it is completely the employer’s responsibility to create a safe place for their employees, often they are lacking in following security standards and regulations. Some of the most basic standards, which can prevent an accident are:
- Safety gear should be provided
- The machinery should be in good working condition and free of defects
- Work areas should be clean without obstructions
- There should be accessible emergency exits
Who Is Liable For Compensation
In oilfield accidents, it is essential to determine fault when calculating compensation. We do this by establishing Fault, which falls under comparative fault principles in Texas. Meaning each party’s amount of negligence is assigned a percentage: For Example, if you are found to be 30% at fault, your compensation will be reduced by 30%.
Types of Compensation You May Receive
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- Medical Expenses: emergency treatment, surgeries, and ongoing care.
- We are here to help you gain compensation for the medical bills caused by the accident.
- Lost Wages and Future Earnings: Reimbursement for lost income due to recovery and long-term negative impacts on your job and career.
- We can calculate both short-term and future economic losses in order to achieve full and fair compensation.
- Pain and Suffering: for physical and emotional distress.
- These damages cover the intangible and significant impact and injury can have on someone’s life.
- Other Damages: costs for rehab, property damage, home care and modifications.
- Every expense incurred due to the accident is considered in your personal injury claim.
- Medical Expenses: emergency treatment, surgeries, and ongoing care.
Who Pays the Compensation
The liable party will be responsible for compensation. This can be the employer, facility owner, or a contractor. We are here to help you identify the responsible parties, and ensure your claim is attributed to those who have the financial capacity to cover your compensation.
The Legal Process: What to Expect
Below is what you can expect if we handle your claim from start to finish, our step-by-step approach includes:
- Initial Consultation and Case Review: We will meet with you to gather the details of your case, review evidence, and outline a legal strategy. This phase will be how we create a strong foundation and establish facts that will help us identify those responsible for your injuries and damages.
- Investigation and Evidence Gathering: We thoroughly review documentation, maintenance records, safety protocols, and witness statements. Our investigation team will use this information to prove negligence while building a strong claim.
- Filing Your Claim And Negotiation: We will file your claim with responsible parties and their insurers. This is also where we begin settlement negotiations.
- Litigation (if necessary): If a settlement cannot be agreed upon, we have a trial attorney and team ready to fight in court. Our lead trial attorney Ricardo A. Garcia has decades of experience presenting complex oilfield accident cases before judge and jury.
How We Can Help You
Navigating the legal process after an oilfield accident can be overwhelming. At Go Law Firm, we guide you every step of the way:
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Case Evaluation and Consultation
- We offer a free initial consultation to review your accident and assess your legal options.
- Explanation: This meeting helps us understand the specifics of your case and develop a tailored strategy for pursuing your claim.
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Thorough Investigation and Evidence Collection
- Our team gathers vital evidence, including incident reports, witness statements, maintenance records, and expert testimonies.
- Explanation: Detailed evidence collection is critical to establishing fault and demonstrating the extent of your damages.
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Proving Liability and Determining Fault
- We analyze the actions of all parties involved to establish liability under Texas shared fault laws.
- Explanation: Texas law assigns fault percentages based on negligence. For example, if both the employer and injured party share responsibility, your compensation may be reduced proportionately. We work diligently to minimize any reduction and secure the maximum recovery for your injuries.
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Negotiation and Litigation
- Our attorneys negotiate with insurers and, if necessary, take your case to trial.
- Explanation: We strive to settle claims fairly and quickly. However, if your case requires litigation, our experienced trial team is fully prepared to fight for your rights in court.
Protect Your Rights
The advice of a good lawyer can help you determine your best possible options when recovering from a plant explosion accident and making sure your rights and best interests are protected.
The McAllen plant explosion accident attorneys at the Law Firm of Ricardo A. Garcia can help answer all of those questions.
We recognize that everyone is an individual and that not every case is the same. For 28 years, our firm has been helping people across the country obtain the justice and compensation they deserve.
Our Mcallen Law Office Location
Mcallen Office
Address:
820 South Main St., McAllen, Texas 78501
Phone:
(956) 630-2882
Fax:
(956) 630-2882