What Legal Options Do You Have After an Explosion Injury?

In Texas, those who have sustained injuries or been otherwise affected by explosions have a number of legal options to seek compensation and redress:

Workers' Compensation Claim

If the explosion occurred at your place of employment, you may be able to make a workers' compensation claim. In Texas, employers do not have to subscribe to a workers' compensation scheme, but if they do, you are entitled to file a claim regardless of any fault on your part.

Workers' compensation typically covers medical expenses related to your injuries, partial replacement of lost wages if you can't work during your recovery, and compensation for temporary or permanent disabilities resulting from the explosion. However, filing a workers' comp claim is not necessarily as lucrative as other options and may prevent you from filing a personal injury suit against your employer, except in cases where you can prove they have been grossly negligent.

Personal Injury Lawsuit

If your employer does not subscribe to a workers' comp scheme, or if a third party is partially responsible for the explosion, you may file a personal injury lawsuit. Personal injury lawsuits allow you to seek a broader range of damages than workers' compensation does. You can also file a personal injury claim if you are injured in an explosion not in your workplace.

Along with medical costs, lost wages, and disability compensation, you can sue for loss of earning capacity, pain and suffering, and even punitive damages in cases where the responsible party has demonstrated particular negligence or disregard for safety.

Product Liability Claim

If the explosion was caused by a defective product, such as malfunctioning equipment, gas leaks due to faulty pipes, or defective safety gear, a product liability claim may be appropriate. In Texas, manufacturers, designers, and sellers can be held strictly liable for defective products that cause harm.

Under product liability law, you do not need to prove negligence on the part of the seller or manufacturer. Instead, you must demonstrate that the product was defective, and that the defect directly caused your injuries. Product liability claims can provide compensation similar to personal injury claims, including both economic and non-economic damages.

Wrongful Death Claim

If you have lost a loved one as the result of an explosion, you may be able to file a wrongful death claim to seek compensation for their loss. Texas law allows specific relatives; the surviving spouse, children, and parents, to bring a wrongful death lawsuit against the responsible party or parties.

Damages can be awarded to cover a number of different types of loss. You can seek compensation for loss of income, loss of companionship, funeral and burial expenses, and mental anguish resulting from the loss of your family member. The court in a wrongful death claim can also award punitive damages if the explosion was caused by gross negligence or intentional misconduct.

Insurance Claim

In some cases, you may also be entitled to compensation through insurance policies. Homeowner's or renter's insurance, business liability insurance, or specific coverage related to industrial activities can provide compensation for injuries and property damage, depending on policy terms. While insurance claims do not require you to prove fault, they may involve negotiations with insurance adjusters. An attorney can be beneficial in these cases to handle any potential disputes with the insurance company.

Government Tort Claim

If the explosion that injured you occurred on government property or was due to the negligence of a government employee, you might be able to file a claim against the government entity responsible. However, suing the government in Texas involves following some very specific procedures set out in the Texas Tort Claims Act. This limits both the circumstances under which the government can be held liable and the amount of damages you may recover. To bring a tort claim against a government entity, you must provide notice within a period as limited as 90 days detailing the incident and your injuries.

Jones Act Claim

The Jones Act provides special compensation for seamen injured during the course of their work, even if that injury does not occur whilst on a boat or ship. To be classed as a seaman, you must spend 30% or more of your time at work on a vessel in navigation. This means your work must be on a vessel that is floating, operational, capable of moving or sailing under its own power, and on a navigable waterway.

Jones Act compensation can be exceptionally helpful if you are a seaman hurt in an explosion, so be sure to check if you are eligible to make a Jones Act Claim. You can make a Jones Act claim up to three years after the incident that caused your injury took place.

Maintenance and Cure

If you are a seaman and are injured in the service of your vessel (such as during an explosion onboard ship, or off your ship whilst in the course of your duties), your employer is required to provide for your essential needs.

Maintenance refers to your daily living expenses, such as your rent, utilities, and food while you are unable to work aboard your ship. Cure refers to any and all medical expenses related to your injury. The ship's owner is responsible for making sure that you receive all necessary medical care until you have reached maximum medical improvement.

Timelines and the Statute of Limitations

No matter how severe your injuries or how good your case is, you will not be able to claim unless you report your injuries in good time to the proper authorities, and file your case within the statute of limitations. If you are injured at work, you need to report it to your line manager or foreman as soon as possible and make sure that the incident has been officially logged. The statute of limitations in Texas for most personal injury cases is two years, but it is a good idea to get the ball rolling on your case as soon as possible.

How an Explosion Lawyer in Midland, TX Can Help You

With so many legal options available, it can be difficult to know that best way forward after an injury. When you consult with us, you can be sure that we will listen to you, review your case carefully and suggest the best way to get you the compensation that you deserve. We will leave no stone unturned in our quest to get justice for you.

An explosion injury can have severe, life-altering consequences, but with experienced legal help, you can get the recompense you need to move forward. To find out more, get in touch with us at Cesar Ornelas Injury Law in Midland, TX.