Refinery Accident

If you work in a refinery you already understand how dangerous your job can be and you likely found our website because you’ve been hurt at work. You also likely know that you have the right to file a workers’ compensation claim if you were injured. But what you may not be aware of are the reasons why you should consider speaking with an attorney after a refinery accident.

Local Delaware Refinery Accident Lawyers You Can Trust

Workers’ compensation in the United States dates back to the 1910s and is intended to protect both workers and their employers. Employers are protected when a workplace accident occurs because when they provide workers’ comp, the injured employee cannot legally sue them. In return, injured employees should be able to recover compensation for their medical bills and a fraction of lost wages.

This system should be simple but insurance companies, whose goal is to make money, have made the process of obtaining workers’ comp incredibly difficult. So while the employer is almost always protected, the employee suffers. A strong majority of workers’ comp claims are denied outright upon the initial application, typically because of a mistake made on the claim form.

At Schuster Jachetti LLP, our attorneys are familiar with the common mistakes that can result in a denial and we work with clients to make sure their initial application is complete and correct. If a denial has already been issued, our legal team can assist with the appeals process.

Why Should I File For Workers’ Comp If I Have Health Insurance?

An approved workers’ compensation claim should cover all medical expenses relating to an on the job injury. Even the best health insurance on the market will have out of pocket expenses and those expenses add up quickly.

Let’s review the most common injuries sustained in a refinery accident and the average cost of care for each one.

1. Burns: Burns that are caused by heat or chemicals are incredibly painful and can take months to heal. Severe burns without complications can cost more than $1 million to treat and if complications occur, which they almost always do, those costs rise to over $10 million.
2. Traumatic Brain Injury: TBI’s occur for a variety of reasons, including slip and fall accidents, being hit by a falling object, and even chemical exposure. The average cost of treating a TBI over a lifetime is $3 million.
3. Spinal Injuries: Spinal injuries can cause a wide variety of symptoms, including constant pain, tingling, numbness, and paralysis.

As you can see, it can be quite difficult for the average individual or family to cover the costs of injuries that frequently occur in refineries.

Additional Compensation May Be Possible Through A Lawsuit

When our legal team reviews your claim, we also determine if you are eligible to file a civil lawsuit. These lawsuits are filed against a third party whose negligence caused the accident to happen. For example, if a part or product defect caused an explosion at a refinery, the manufacturer or designer of that defective product could be held legally responsible.

A civil lawsuit can be filed in addition to any workers’ compensation claims and can provide additional compensation for lost wages, medical bills, physical pain and suffering, and emotional trauma.

What Legal Rights Do I Have If My Loved One Was Killed In A Refinery Accident?

When a worker dies in a refinery accident, their spouse, children, and parents could be able to recover compensation through both a workers’ comp claim for death benefits and a civil lawsuit. This compensation is not intended to replace the worker as obviously nothing could ever do that, but it may make transitioning through this difficult time much easier from a financial standpoint.

If you have questions about the workers’ compensation process, how much you may be owed, or our law firm, contact us today.