MenuMenu The de la Garza Law Group
CONTACT US 24/7 Local 713-804-8670
Or Toll Free 844-784-1010
CONTACT US 24/7 Local 713-804-8670
Or Toll Free 844-784-1010


Workers’ compensation is intended to cover accidents that may injure employees in the workplace, regardless of whether the employer or employer were at fault. But this no-fault approach may not apply if a third party was at fault, or if an employer was grossly negligent. In these examples, an injured worker may need an attorney to bring a personal injury suit against a grossly negligent employer or against a liable third party. 

A recent gas accident at a chemical plant in Crosby, Texas illustrates this scenario. Three contractors working at the plant were injured in a chemical fire. Their employer is not the plant, but several third-party companies. The chemical plant is thus the third party. 


OSHA Investigates for Violations

According to reports, the plant has a history of safety violations. Thus, the contractors may have a strong case. But proving negligence requires a careful investigation of the factual record. For example, the United States Occupational Safety and Health Administration sets various safety standards for industries, and the plant may have been cited in the past for violations. Additional evidence may be available in the form of video surveillance or coworkers’ testimony.

In this example, the contractors have already filed a lawsuit against the plant, alleging that officials were aware of a leaky “check-valve” on a flammable gas, isobutylene. This gas may have started the fire that resulted in the workers suffering burn injuries. OSHA investigators have been assigned to the case. The lawsuit also alleges other grossly negligent acts, including the company’s failure to maintain a safe work environment and to properly train its employees on how to work around dangerous gases.

Source: Houston Chronicle, “Lawsuit: KMCO officials aware of valve leak before chemical plant explosion,” Perla Trevizo, Apr. 8, 2019

No Comments

Leave a comment
Comment Information
Request A Consultation

How Can We Help?

Don't hesitate to get started. We offer free consultations for you to discuss your case with our attorneys and ask any questions. Call 713-804-8670 today, or reach out online to make an appointment.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The de la Garza Law Group 1616 S. Voss Rd., Suite 870 Houston, TX 77057 Phone: 713-804-8670 Fax: 713-784-1011 Houston Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.

Back to top