Texas is the backbone of American industry. From oil refineries and chemical plants to manufacturing facilities and construction sites, industrial workers keep the economy running. But their jobs come with serious risks. Every year, thousands of Texas industrial workers suffer life-altering injuries or die due to hazardous conditions.
Industrial corporations often prioritize profits over worker safety, cutting corners on maintenance, training, and equipment. When companies fail to protect their employees, the consequences can be catastrophic—explosions, toxic exposure, and fatal falls. If you have suffered an industrial injury or lost a loved one, you may be entitled to substantial compensation for medical or funeral expenses, lost wages, pain and suffering, and more.
In this article, our Texas industrial injury attorneys at Varghese Summersett give an overview of various types of industrial accidents, common injuries, who can be held liable, and how an experienced personal injury attorney can help.
Types of Industrial Accidents
An industrial accident is an unexpected event that occurs in a workplace, typically in an industrial setting such as construction sites, factories, warehouses, oil rigs, or manufacturing plants. These accidents often result in injuries, illnesses, or fatalities and can be caused by hazardous working conditions, equipment malfunctions, human error, or failure to follow safety protocols. Industrial accidents vary in severity, but many share common causes. Some of the most frequent types of industrial accidents include:
- Explosions and Fires: Oil refineries, chemical plants, and manufacturing facilities handle flammable materials daily. Poor safety protocols or equipment malfunctions can lead to devastating explosions and fires.
- Falls from Heights: Construction workers, scaffolders, and industrial laborers often work at significant heights. Faulty ladders, weak railings, or missing harnesses contribute to severe fall-related injuries.
- Machinery Accidents: Heavy machinery—like forklifts, conveyor belts, and assembly-line equipment—can cause crush injuries, amputations, and fatal accidents if not properly maintained or operated.
- Toxic Chemical Exposure: Industrial sites use hazardous substances that can cause immediate harm or long-term illnesses, including respiratory diseases and cancer.
- Electrocution: Unsafe electrical wiring, exposed power lines, and defective tools pose a constant electrocution risk for industrial workers.
Common Industrial Injuries
Industrial accidents often result in catastrophic injuries that leave workers unable to return to their jobs. Some of the most common industrial injuries include:
- Burns – Caused by fires, explosions, or chemical exposure
- Traumatic Brain Injuries (TBIs) – From falls, falling objects, or machinery accidents
- Spinal Cord Injuries – Caused by falls, crush accidents or falling objects
- Amputations – Due to machinery malfunctions or crush accidents
- Respiratory Diseases – From prolonged exposure to toxic chemicals
- Hearing Loss – Caused by constant exposure to high-decibel machinery
- Broken Bones and Crush Injuries – Resulting from falls, equipment malfunctions, or heavy object collisions
How Industrial Accidents Occur
Industrial accidents are a serious concern that can lead to severe injuries, long-term health consequences, or even fatalities. These incidents often occur due to a combination of negligence, unsafe working conditions, and inadequate training. In many cases, accidents are preventable if proper safety protocols are followed, equipment is well-maintained, and employees receive thorough training. However, when corners are cut or safety regulations are ignored, the likelihood of an accident increases significantly.
The most common causes of industrial accidents include:
- Poor Maintenance – Failing to repair or replace faulty equipment can lead to dangerous malfunctions, putting workers at risk of injury or exposure to hazardous conditions. Machines that are not regularly inspected may break down unexpectedly, causing catastrophic consequences.
- Lack of Proper Safety Gear – Many workplaces require protective equipment such as harnesses, helmets, gloves, or fireproof clothing. When this gear is missing or not used properly, workers are left vulnerable to falls, burns, or exposure to harmful chemicals.
- Inadequate Training – Operating heavy machinery, handling chemicals, or responding to emergencies all require specialized knowledge. When employees do not receive proper training, they are more likely to make mistakes that result in accidents.
- Overworked Employees – Fatigue is a major contributing factor to workplace accidents. Long hours, insufficient breaks, and demanding workloads can lead to impaired judgment, slower reaction times, and an overall increase in errors that put workers at risk.
- Unsafe Work Environments – Cluttered floors, unsecured scaffolding, poor ventilation, or hazardous substances left exposed can create dangerous conditions for workers. A lack of proper safety measures in the workplace can lead to slips, falls, chemical exposure, or structural collapses.
Industrial accidents not only affect the injured workers but also have broader consequences for businesses and society. Employers may face legal liability, financial losses, and reputational damage. Meanwhile, injured employees may struggle with medical expenses, lost wages, and long-term disabilities. Preventing industrial accidents requires a proactive approach, including routine safety inspections, strict adherence to regulations, and a workplace culture that prioritizes worker well-being.
Wrongful Death in Industrial Accidents
When an industrial accident results in a fatality, surviving family members may be entitled to compensation through a wrongful death claim. In Texas, wrongful death lawsuits can be filed by the deceased’s spouse, children, or parents under Texas Civil Practice and Remedies Code § 71.002.
Eligible family members may seek damages for:
- Funeral and burial expenses
- Loss of income and financial support
- Loss of companionship and emotional suffering
- Medical expenses incurred before death
- Punitive damages if gross negligence was involved
In many cases, liability may extend beyond the employer to third parties such as equipment manufacturers, subcontractors, and property owners. A skilled Texas industrial injury attorney can investigate the case, determine liability, and fight for the maximum compensation available under Texas law.
Deadliest Industrial Disasters
| Year | Location | Incident | Deaths |
|---|---|---|---|
| 1947 | Texas City, TX | Texas City Disaster (Ship Explosion) | 581 |
| 1984 | Bhopal, India* | Union Carbide Chemical Leak | 15,000+ |
| 2005 | Texas City, TX | BP Refinery Explosion | 15 |
| 2013 | West, TX | West Fertilizer Plant Explosion | 15 |
*Note: The Bhopal disaster was an international tragedy, but Union Carbide was a U.S.-owned company.
Who Can Be Held Liable for Industrial Accidents?
In Texas, liability in industrial accidents can extend beyond just the employer, as multiple parties may bear responsibility for ensuring a safe work environment. Given the state’s significant industrial presence—including oil and gas, construction, and manufacturing—workplace accidents can have serious legal and financial implications. Texas law allows injured workers to pursue claims against various parties whose negligence contributed to the accident, especially when employer-provided workers’ compensation does not fully cover the damages.
Potentially responsible parties in an industrial accident may include:
- Employers – If an employer fails to maintain safe working conditions, disregards safety regulations, or does not provide adequate training, they can be held liable for accidents that occur on the job. In Texas, many employers subscribe to the state’s workers’ compensation system, which provides financial benefits to injured employees but also limits the ability to sue the employer directly. However, non-subscriber employers—those who opt out of the workers’ compensation system—can be sued for negligence.
- Manufacturers – If a defective piece of equipment, faulty machinery, or poorly designed safety gear contributed to an accident, the manufacturer may be held responsible under product liability laws. Injured workers may pursue claims for design defects, manufacturing flaws, or failure to provide adequate warnings or instructions.
- Contractors or Subcontractors – Many Texas industrial workplaces involve multiple contractors and subcontractors working alongside each other. If an independent contractor or subcontractor fails to follow safety protocols, disregards industry standards, or contributes to hazardous conditions, they may be held accountable for injuries resulting from their negligence.
- Property Owners – If an accident occurs on a job site due to dangerous property conditions—such as unsafe scaffolding, chemical exposure, or structural hazards—the property owner may bear responsibility, particularly if they were aware of the danger and failed to take corrective action.
- Third-Party Vendors – Industrial facilities often rely on external vendors for maintenance, inspections, and repairs. If an outside maintenance crew neglects safety protocols or improperly services equipment, they can be held liable for any accidents that occur as a result of their negligence.
Navigating liability in Texas industrial accidents can be complex, especially with multiple parties involved. Unlike many states, Texas does not require all employers to carry workers’ compensation insurance, which can open the door for personal injury lawsuits in cases of employer negligence. Additionally, third-party claims allow injured workers to seek compensation beyond what is covered by workers’ comp, holding negligent manufacturers, property owners, or contractors accountable.
Because Texas follows a modified comparative negligence rule, any party found to be more than 50 percent responsible for an accident may be barred from recovering damages. Due to these legal intricacies, injured workers should consult with an experienced attorney who can evaluate the circumstances of their case and pursue rightful compensation.
Workers’ Compensation vs. Personal Injury Claims in Texas Industrial Accidents
Texas has unique laws regarding workers’ compensation. Unlike most states, Texas does not require private employers to carry workers’ compensation insurance. This means:
- If your employer has workers’ compensation, you can file a claim but cannot sue them for negligence.
- If your employer does not have workers’ comp, you may have the right to file a personal injury lawsuit for negligence, which can provide greater compensation.
- If a third party (such as a contractor or equipment manufacturer) caused the accident, you can pursue a personal injury lawsuit regardless of workers’ comp status.
Proving Negligence in Industrial Accident Cases
To win an industrial injury case, your Texas industrial accident attorney must prove four things:
- Duty of Care – The responsible party had a legal obligation to maintain a safe workplace.
- Breach of Duty – The company, manufacturer, or contractor failed to uphold safety regulations.
- Causation – The negligence directly caused the industrial accident.
- Damages – The accident led to injuries, financial losses, or death.
Here’s a hypothetical example of how these elements might play out in an industrial accident case: John, a 42-year-old refinery worker in Texas, suffered severe burns and a spinal cord injury when a pressurized gas line exploded at his worksite. His employer, XYZ Refining Co., had been previously warned by inspectors about outdated pipes and faulty pressure valves but failed to make necessary repairs.
1. Duty of Care
XYZ Refining Co. had a legal obligation under OSHA regulations and Texas workplace safety laws to maintain a safe work environment. This included ensuring that all machinery, pipelines, and safety protocols were up to standard to prevent hazardous conditions.
2. Breach of Duty
Despite multiple warnings from safety inspectors and employee complaints about leaking gas, XYZ Refining Co. ignored maintenance recommendations. They failed to repair the outdated pipes, neglected to replace the faulty pressure valve, and did not provide proper safety training to workers on emergency shut-off procedures.
3. Causation
The explosion was a direct result of the company’s negligence. Had XYZ Refining Co. properly maintained the gas lines and valves, the accident would have been preventable. Investigators determined that the neglected equipment led to a pressure buildup, which ultimately caused the explosion that injured John.
4. Damages
John suffered third-degree burns, spinal cord trauma, and permanent mobility impairment. His injuries required multiple surgeries, extensive rehabilitation, and he lost his ability to work. His medical bills exceeded $500,000, and he faced emotional trauma and loss of future income.
Hypothetical Outcome
With the help of a Texas industrial injury attorney, John filed a personal injury lawsuit against XYZ Refining Co. His legal team presented OSHA reports, maintenance logs, and expert witness testimony to prove negligence. John was awarded economic, non-economic, and punitive damages for the company’s reckless disregard for safety. This case illustrates how proving negligence requires clear evidence that an employer failed to uphold safety regulations, leading to a preventable workplace accident.
Types of Compensation Available
Industrial injury victims may be entitled to several forms of compensation, depending on the severity of their injuries and the level of negligence involved. Compensation is designed to help victims recover financially, emotionally, and physically after an accident.
Economic Damages
Economic damages cover the tangible, financial losses suffered due to an industrial accident. These include:
- Medical Expenses – Covers hospital stays, surgeries, doctor visits, medications, rehabilitation, and ongoing care.
- Lost Wages – Compensation for time missed from work due to the injury.
- Loss of Future Earnings – If the injury prevents the victim from returning to work, they may be entitled to compensation for lost earning capacity.
- Rehabilitation Costs – Physical therapy, occupational therapy, and other medical services required for recovery.
- Home and Vehicle Modifications – If the injury leads to permanent disability, costs for wheelchair ramps, modified vehicles, or in-home medical assistance may be covered.
Non-Economic Damages
These damages compensate for intangible losses that impact the victim’s quality of life. This includes:
- Pain and Suffering – Compensation for the physical pain endured from the injury.
- Emotional Distress – Covers the psychological impact, including PTSD, depression, and anxiety.
- Loss of Enjoyment of Life – When the victim is unable to participate in hobbies, activities, or family life as they did before the accident.
- Loss of Consortium – Compensation for the negative effects of the injury on a victim’s relationship with their spouse or family.
Punitive Damages
Punitive damages are awarded in cases involving gross negligence or reckless disregard for worker safety. These damages serve as a punishment to the responsible party and a deterrent to prevent similar conduct in the future. Employers or third parties may face punitive damages if they:
- Knowingly ignored safety violations
- Failed to provide protective equipment
- Refused to fix hazardous workplace conditions
- Concealed known dangers from employees
If you or a loved one has suffered an industrial injury, seeking legal representation is crucial to ensuring you receive the maximum compensation available under Texas law.
How an Experienced Industrial Injury Attorney Can Help
If you have been injured or a loved one killed in an industrial accident, it’s important to contact an experienced Texas industrial accident as soon as possible. A skilled industrial injury attorney will:
- Investigate the accident and determine liability
- Collect crucial evidence, including OSHA reports and medical records
- Negotiate with insurance companies for fair compensation
- File a lawsuit if necessary and represent you in court
- Fight to ensure you receive maximum compensation
Speak to a Texas Industrial Injury Attorney Today
If you or a loved one has suffered a serious industrial injury, do not wait. Time is critical in these cases, and evidence can disappear quickly. Varghese Summersett has the experience and resources to take on major industrial corporations and fight for the justice you deserve. Call (817) 203-2220 or contact us online for a free consultation. If we take your case, we will work on contingency, which means you will never pay anything upfront or out-of-pocket. We only get paid after we recover compensation for you.
