What Damages Can You Recover From a Pipeline Explosion Injury?

07/13/23

Individuals who work around pipelines face significant risks on a daily basis. In the event a pipeline explosion does cause injuries, individuals may be able to recover compensation for their losses. Here, we want to review some of the damages that may be available, and we want to specifically touch on workers’ compensation laws in Texas and how this could affect compensation.

Does the Company Have Workers’ Compensation?

After a pipeline explosion occurs in Texas, injured workers may be able to recover compensation for their losses. One of the first aspects that must be examined in these situations is whether or not the employer carried workers’ compensation insurance.

In the state of Texas, most private employers do have workers’ compensation insurance, but not every employer is required to carry workers’ comp. If an employee sustains a pipeline explosion injury and their employer does have workers’ compensation, then the employee will almost certainly qualify to have all of their medical bills related to the incident paid for. Workers’ compensation insurance is a no-fault insurance system, which means the injured worker can recover compensation regardless of who was at fault, and they do not have to prove the liability of the employer to recover the funds that they need.

Depending on the severity of the injury, pipeline explosion victims may be able to recover short- or long-term disability through workers’ compensation to pay for their lost wages as they recover. Generally, injured employees will not be able to file a personal injury lawsuit against their employer if the employer has workers’ compensation.

Damages Through a Civil Lawsuit

In the event the employer does not have workers’ compensation, or if the injuries were caused by a third party, injured pipeline workers might need to file a personal injury lawsuit in civil court against the alleged negligent party. In Texas, the personal injury statute of limitations is two years from the date an injury occurs. If a claim is not filed within this two-year time frame, individuals will likely not be able to recover compensation for their losses.

When filing a personal injury lawsuit, injury victims will have to prove that another party was negligent and that the negligence caused the injuries. 

If a personal injury claim against another party is successful, pipeline explosion victims may be able to recover a range of expenses. Not only does this include all medical expenses related to the incident, but also:

  • Lost wages if a victim is unable to work
  • Assistance with household out-of-pocket losses
  • Physical pain and suffering damages
  • Emotional and psychological pain and suffering damages
  • Loss of quality of life damages

In some situations, punitive damages may be awarded to a plaintiff. Also known as exemplary damages, these are reserved for situations where the alleged negligent party’s gross negligence or intentional conduct led to the pipeline explosion and injuries. These damages are intended to serve as a punishment to the defendant as well as a deterrent to others not to act or behave in the same way.

We strongly encourage all pipeline explosion victims to work with a skilled injury lawyer who has experience handling complex claims. An attorney will act as an advocate for their client and handle all aspects of the case, including investigating the incident, communicating with other parties, and handling the trial preparation.