Posted On: December 5, 2008 by Pennsylvania Personal Injury Attorney

Worker dies and many injured at Texas refinery

One worker was killed and five were injured on the job in an explosion and fire at Delek Refining Ltd. in Texas. A few days after the explosion more than 2,000 gallons of gasoline spilled from a tank at the same refinery. The refinery employs about 270 people, has a capacity of 60,000 barrels per day, and is the 94th-largest oil refinery in the U.S.

According to this article published in the Philadelphia Inquirer, the unleaded gas from Delek Refining Ltd. spilled into a creek, where firefighters set up a foam barrier to try to stop the spread.

Tyler Fire Department Chief Joey Wiggins said firefighters cleared the area after residents reported a strong gas smell. The refinery was closed at the time of the spill because Occupational Safety and Health Administration investigators are still trying to determine the cause of the explosion and fire.

Delek was cited back in February by OSHA for safety violations that included failing to ensure valves were properly configured and an inability to show structures followed blast resistance guidelines.

The victims of the explosion could have a case against whoever designed, manufactured, or sold the equipment that malfunctioned and caused this worker’s death and the other work related injuries. If there was a product defect in the equipment that it manufactured then that manufacturer could be held liable. If the malfunctioned equipment was maintained by a third party (someone other than the employer) then they could also be held responsible for the accident and resulting injuries.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers' compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation. Some types of workers' compensation injures include construction injuries, repetitive stress to a body part, and environmental hazards.

By law, it is required that every company in Pennsylvania carry Worker's Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job, or even if death results from their job.

Whether your injury was a simple slip and fall, or involves serious injuries and property damage, Cherry, Fieger & Marciano can help you to get the monetary compensation that is owed to you to help pay for medical bills, physical therapy, loss of work, and more.