There is a manufacturing plant or industrial explosion, fire, or unintentional discharge approximately once every 2 days in the United States, which represents significant dangers to refinery workers and nearby residents [1].
If you’ve been harmed in a manufacturing factory or refinery explosion, the plant explosion lawyers at Rosenfeld Injury Lawyers can help you get justice.
Types of Cases We Handle
Any industrial plants that work with flammable materials are at risk of tragic accidents should safety procedures lapse. Large concentrations of chemicals mean that even a small fire, if it is not immediately contained, can quickly spread. The following plants are the most susceptible to serious explosions.
Explosive and Ammunition Manufacturing Plant Explosion
Due to the chemical reactions necessary to make fireworks and ammunition, these plants are particularly sensitive to explosion and fire. Gunpowder and other ignitable materials, like C4, are often stored close to one another in large bricks, so one spark can immediately spread through a large amount of material.
Sweeping combustible dust, such as what happened in a fireworks factory in 2014, can set off a chain reaction when the fire reaches large stacks of ammunition [2]. These devastating explosions often kill dozens of people due to the speed and ferocity of the reactions.
Chemical Plant Explosion
Chemical plants may combust due to an uncontrollable chemical reaction between the different substances stored in the facilities.
The chemical industry relies on several highly flammable liquids, including diesel fuel, turpentine, and xylene, which are used to refine other chemicals. These contributed to a 2023 fire at the Sound Resource Solutions chemical plant in Shepherd, Texas [3].
Turpentine has a relatively low flash point of just 95.5 Fahrenheit, meaning a hot day could easily cause a spontaneous ignition [4]. Xylene, a solvent used in paint and other adhesives, has a flash point between 81-115°F, meaning it can explode at room temperature [5].
Containers may explode when exposed to fire, and water may not necessarily cool the chemical below its flash point, making it difficult to contain without specialized firefighting materials [6].
Flames can spread rapidly through nearby materials, which can then combine and feed the fire.
After a chemical plant explosion, hazardous chemicals are released into the environment, which can result in toxic exposure to nearby residents and sometimes cause lifelong issues.
Refinery Explosion
The oil and gas refining industry makes over 2,500 different products, including liquified petroleum, gasoline, kerosene, aviation fuel, and lubricants [7].
Many of these are made from crude oil, which is heated up to separate into different liquids and gases that can be captured and utilized [8]. However, this highly flammable liquid has a low flash point of 19 degrees Fahrenheit, meaning that it takes just one spark to cause an explosion during normal operating temperatures [9].
Overpressurization can cause a gas explosion [10]. To refine the fuel, the oil is placed in furnaces, which build up with steam and vapors and are then cooled down and condensed [11]. Should they be overloaded or the fuel be subjected to excessive temperature, this can easily cause a massive explosion allowing highly volatile vapors to infiltrate the rest of the plant.
Manufacturing Plant Explosion
Plant explosions are more likely in manufacturing plants that work with metal and wood because of the chemicals used in the manufacturing process.
Steelworks and other facilities that process metal produce large amounts of steel dust, which is highly combustible. The Chemical Safety Board estimates that 20% of all dust-related explosions were due to metal dust, partly because metal flames can be up to 1,000°C hotter than flames from organic materials [12].
Friction from machining or open flames from welding, combined with free-floating metal dust particles, can result in a massive explosion that is difficult to contain due to the extreme heat. Worse, typical firefighting tactics don’t work on steel dust fires as water will spread the materials and lead to more large-scale damage. Only a Class D firefighting agent will contain the fire [13].
Hydrogen sulfide gas, which is used in wood pulp processing, is highly flammable and can result in fatal explosions [14]. These manufacturing processes also have a number of flammable byproducts, including wood shavings, which can ignite the hazardous gases floating in the air.
Causes of Plant and Refinery Explosions
In most cases, plant explosions occur due to the accidental ignition of flammable materials. This can include improperly stored liquids, vapors that have escaped from equipment, or dust explosions caused by the ignition of flammable dust particles like wood or steel shavings.
These explosions may be the result of equipment failures, such as overheating equipment parts, or human error, like when workers fail to follow safety regulations regarding how to utilize heat sources near chemicals. Inadequate training by plant owners may mean employees do not have the information necessary to keep themselves and others safe.
A chemical plant explosion may be caused by the improper storage of different products that can cause a chemical explosion when mixed. In some cases, a corrosive substance stored in an improper container may eat away at the material and mix with other chemicals to cause an explosion.
Offshore natural gas and oil refineries are vulnerable to natural disasters, such as heavy storms, which can lead to refinery explosions. Inadequate or poorly maintained dust collection systems that allow flammable particles to float freely are safety violations contributing to manufacturing plant explosions.
Facilities that work with dangerous materials must be kept in excellent condition. This includes adequate ventilation, appropriate disposal processes, and safe equipment that can withstand exposure to caustic chemicals.
Failure to maintain the facilities can allow gas or other substances to leak from valves, resulting in large explosions should the chemicals come into contact with a spark or open flame.
Common Injuries in Plant Explosions
An explosion caused by reactive materials can result in fatal injuries for those nearest to the source, as well as extensive property damage. Residents of the area may also suffer severe injuries, particularly respiratory distress. Common injuries after a manufacturing plant, refinery, or chemical plant explosion include:
- Facial damage
- Ocular burn injuries
- Orthopedic injuries
- Post-traumatic stress disorder (PTSD)
- Lung damage from breathing toxic fumes
- Chemical burns on the skin
- Internal injuries
How a Plant Explosion Lawyer Can Help With Your Claim
Our plant explosion attorneys can help you with all aspects of personal injury claims, providing top-notch legal expertise on a contingency fee basis. You owe us nothing unless we win, and we have an excellent track record of success in even the most complex cases.
First, we use our experience to gather all pertinent information, combining medical reports, plant safety records, surveillance footage, and incident reports to understand exactly how the accident happened. Using legal resources, we can access information that is not readily available to the public but can prove vital in demonstrating liability.
We will also interview other employees to get their perspectives on the incident, which can be added to our material to provide a coherent narrative of the events. By understanding the right questions to ask, we can garner more valuable and legally admissible information than an average person may be able to do.
We will consult with experts in the field to explore the health risks associated with these incidents. These professionals can also untangle the nuances of chemical reactions that can result in chemical plant and refinery explosions and failures in safety procedures that caused the accident.
Expert witnesses are a highly valuable source of information, but they may be difficult for the average person to find. Our law firm has contacts in many industries who can provide their perspective regarding the incident.
Chemical plant and refinery companies may fail to pay their fair share to victims, and they use a variety of tactics to do so. These include blaming the victim for the accident, insisting their injuries are unrelated, or pressuring the injured person to accept a low settlement, knowing the average person isn’t familiar with typical payments.
Our attorneys can properly evaluate your injuries and determine how much they may be worth, pushing the insurance company to pay an appropriate sum.
Our plant explosion lawyers have honed their negotiation skills and will leverage all available evidence to prove fault. We can hold them accountable for a manufacturing plant or refinery explosion and won’t stop until we achieve results. Should negotiations fail, we will take the matter to court and provide victims with world-class legal representation, ensuring their rights are protected and their stories are told.
Types of Compensation for Plant Explosion Victims
Whether it is an ammunition factory or a refinery explosion, we can help you receive various damages depending on the particulars of the accident. These include three categories: economic, non-economic, and punitive damages.
Economic
Economic damages compensate you for costs associated with the accident, including:
- Lost wages
- Medical bills
- Out-of-pocket medical expenses
- Future medical expenses
- Loss of future earnings
- Property damage
- Funeral expenses for wrongful death
Non-Economic
Non-economic damages consider the impact of the industrial facility or refinery explosion on your life and future. That includes:
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Loss of enjoyment of life
- Loss of companionship in wrongful death
Punitive
Punitive damages are a rare type of damages in a court case. They are awarded by a judge when the defendants’ actions go beyond gross negligence. For example, if a worker knowingly disregarded safety regulations or intentionally set a fire, punitive damages may be awarded.
Compensation Options Following Plant and Refinery Explosions
You may seek out a workers’ compensation claim or a personal injury claim, depending on your relationship with the facility and the types of injuries that you suffer.
Workers’ Compensation
Workers’ compensation benefits are reserved for injured workers of the responsible company, regardless of whether they are full-time or part-time. They are not available for contractors, only employees.
Workers’ compensation is paid through insurance that is maintained by the company, and there are heavy penalties for companies who fail to maintain this insurance. In most areas, it is a no-fault system that only requires that you be injured in the course of your duties with the company.
This means that if you were working at the time of the accident, it does not matter if you were at fault. Workers’ compensation will be required to pay you regardless.
These funds can pay for medical bills and a portion of lost wages for the time a worker is unable to be gainfully employed. In most states, this is two-thirds of your wages up to a specific amount called the average weekly wage (AWW).
If you are forced to be put on light duty or must seek a different job that does not provide the same benefits, you can be paid two-thirds of the difference between your previous wages and your current wages.
Depending on whether you suffered minor or significant injuries, workers’ compensation includes temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability.
Surviving spouses and dependents can receive benefits up to a set amount or for a given number of years, depending on the size of the injury and specific state laws.
A plant explosion attorney can ensure you receive all you are entitled to through workers’ compensation, including disputing denied claims and expediting the process so you are not incorrectly charged by insurance companies.
Personal Injury Claim
Personal injury lawsuits can be filed by those unrelated to the factory, such as local residents or contractors. These often provide more expansive benefits than workers’ compensation because one can seek non-economic and economic damages.
Workers’ compensation will only provide for certain economic damages, specifically those related to employment and medical bills, but it will not cover property damage.
This will either be settled with the plant’s insurance company or, should that fail, in a court of law. In many cases, we are able to settle out of court, which is both less expensive and faster than a trial.
Potential defendants include workers, contractors, companies, and safety inspectors who failed to note significant facility defects.
Proving Liability in Plant Explosion Claims
Workers’ compensation does not require proof of negligence, but personal injury lawsuits do. Negligence includes the following factors:
- Duty of Care -The defendant owes you the duty to act responsibly and with due caution. This can include following all necessary procedures, cleaning up chemical spills, reviewing safety records, and acting with care around dangerous materials.
- Breach of Duty – The defendant failed to exercise appropriate caution and thus put others at risk. This may be small actions, such as failing to close valves, or it could be a more significant issue, such as placing a plant in a crowded urban area or not performing safety inspections on a regular basis.
- Causation – The responsible party’s failure to uphold their duty of care was the primary or sole cause of the accident.
- Damages – You suffered losses as a result of the accident, whether that is time off work or emotional distress from your injuries.
You Have Limited Time to Follow Plant and Refinery Explosion Claims
The statute of limitations for personal injury varies by jurisdiction—it ranges from one year to five years. When you work with our plant explosion attorneys, we will ensure all lawsuits progress in a timely manner so we can meet the statute of limitations. However, it’s important to act fast in these cases, so call us as soon as possible after a potential incident.
Contact a Plant Explosion Accident Lawyer Today!
Rosenfeld Injury Lawyers has recovered millions on behalf of our clients across the country, holding companies and individuals accountable for their lapses in judgment. We work hard to protect the rights of victims who have been injured due to another’s negligence, including in industrial accidents.
To schedule your free consultation with an experienced attorney, contact us at (888) 424-5757 or use our online contact form. We look forward to working with you.
You Only Pay if We Win!
The plant explosion lawyers at our law firm work on a contingency fee basis, meaning you only owe us if we win your case. Everything, from the initial consultation to trial representation, costs you nothing upfront, ensuring everyone can afford top-notch legal advice.
Resources: [1] Earthjustice, [2] Time Magazine, [3] ABC 13, [4] CAMEO Chemicals, [5] CAMEO Chemicals, [6] New Jersey Department of Health, [7] National Library of Medicine, [8] US Energy Information Administration, [9] Marathon Petroleum, [10] US Chemical Safety Board, [11] US Energy Information Administration, [12] Risk Logic, [13] Dust Safety Science, [14] Virginia Department of Health, [15] National Hazardous Materials Fusion Center, [16] Encyclopedia Brittanica, [17] WAFB 9, [18] KPLC, [19] The Guardian, [20] Chemical Safety Board, [21] WLOX, [22] Click2Houston, [23] Houston Public Media