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Seeking Compensation for Burn Injuries in the Oil & Gas Industry

Posted By Arnold & Itkin || 11-Feb-2015

The oil and gas industry is one of the most dangerous industries in the country. Oil and gas workers face many dangers every day on the job that can lead to serious injury and even death. One of the most common work-related dangers oil and gas workers face is burn injuries. The risk of burn injuries may seem obvious given the highly combustible and flammable materials that are present on the job site. Because of those materials, oil and gas refineries are prone to fires and explosions if workers are not following proper safety protocol or if equipment on the refinery is not adequately maintained or operated.

Seeking Compensation for Burn Injuries

Serious burn injuries can lead to permanent disfigurement and be extremely painful. Additionally, workers who suffer burn injuries often require medical treatment that can be quite expensive. In order to keep up with medical bills, workers generally will need to seek compensation for their injury. Depending on your employer, this can be done through workers’ compensation or through the tort system (ie. filing a lawsuit).

Workers’ Compensation vs Filing a Lawsuit

Workers’ compensation is a state-based insurance program that compensates workers who have suffered injuries on the job. The program provides benefits for hospital bills and lost wages. However, Texas law does not require employers to carry workers’ compensation insurance. Employers in Texas also have the option to self-insure or purchase insurance through a private company.

If an injured worker’s employer does not carry workers’ compensation insurance, the worker will need to seek compensation through the tort system by filing a lawsuit. Once a lawsuit is filed, negotiations can begin to settle the claim out of court. If a fair settlement between the employer and the worker cannot be reached, the claim will go to trial and be decided by a judge or jury.

Pros and Cons

A key difference between workers’ compensation insurance and filing a lawsuit is that for workers’ compensation claims, the injured worker is not required to prove that the employer was negligent or responsible for the injury. Negligence must be shown in order to successfully win a lawsuit. The flipside is that benefits from workers’ compensation insurance are capped, where as they are not in the tort system. Capped benefits often times means that the worker is not fully compensated for the injuries.

Hiring a Burn Injury Attorney

If you have suffered a burn injury at work, you should consult with an attorney that has a wealth of experience dealing with industrial burn injuries. Even if your claim is handled through the workers’ compensation program, you may still require an attorney to help you navigate to the process and ensure you receive the full amount of benefits you are entitled to. If your employer does not carry workers’ compensation, you will need to hire an attorney to help you with your tort claim. At Arnold & Itkin, our team of attorneys has helped thousands of injured workers recover compensation for on-the-job injuries. We have litigated against the largest oil and gas companies in the world, so there is no case too big for us to handle. Contact our burn injury attorneys today to learn how we can help you.

Client's portion of total recovery may be subject to Medicare/Medicaid reimbursement claims, Medicare/Medicaid liens or other third-party claims or liens. These verdicts and settlements are intended to be representative of cases handled by Arnold & Itkin, LLP. These listings are not a guarantee or prediction of the outcome of any other claims.

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