Big River

January 2024

Personal Injury

Understanding Chemical Plant Accidents

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Louisiana has many workers employed in chemical plants. These jobs are rewarding and can lead to long and fulfilling careers that allow workers to support themselves and their families. Chemical plants contribute approximately $226 billion to the GDP of the United States while also providing approximately 4.4 million jobs. However, these jobs are not without their risks. The injuries sustained by chemical plant workers are some of the most severe. If you or someone you love has been hurt, it is critical that you understand your legal rights. Below, our Baton Rouge industrial accident lawyer outlines everything you need to know about chemical plant accidents. What Causes Accidents in Chemical Plants? Natural causes and human error are the two primary causes of accidents in chemical plants. Human error contributes to approximately 95% of all investigated accidents in chemical plants. For example, in the 2005 BP explosion that happened in Texas, there were three human errors that were said to be significant contributors to the accident in the chemical plant. These were deviations from proper procedure, lack of training, and a poor safety culture. Natural causes are much rarer than human error. The U.S. Environmental Protection Agency has outlined four known causes of accidents in chemical plants. These are as follows: Inadequate indications of process conditions Inadequate process hazard analysis or hazard review Poorly designed or inappropriate equipment Plant owners ignoring potential problems While natural causes can result in a chemical plant accident, most of them are caused by carelessness and negligence. Injuries Caused by Chemical Plant Accidents Chemical plant accidents result in some of the most serious injuries. These include: Head trauma that results in concussions and other injuries Poisoning caused by exposure to toxic substances and chemicals Puncture wounds and lacerations Spinal cord injuries Broken bones Neck and back injuries caused by falls Trauma caused by heavy equipment Lung damage from inhaling toxic chemicals and substances Injuries caused by explosions, such as burns and penetrating injuries Sadly, the above injuries are not the only ones suffered by chemical plant workers. They are only some of the most common. Common Types of Accidents in Chemical Plants Unfortunately, there are many different types of accidents in chemical plants. The most common of these are as follows: Plant explosions: A plant explosion is the most obvious risk of working in or living near a chemical plant. Plant explosions happen without warning, and when they do, they place entire communities at risk. Chemical plants should have protections in place to prevent these explosions. Contaminated water: If chemicals are not stored and disposed of correctly, they can seep into groundwater systems. Some chemical spills go unnoticed for many years, and they have the potential to poison the drinking water of entire towns and cities. Air pollution: Chemical manufacturing plants can release toxic chemicals into the air. When these chemicals are inhaled, they can negatively affect a person’s health and lead to long-term illness or breathing issues, such as asthma and lung cancer. Increased risk of cancer: Being exposed to chemicals for a long period of time increases a person’s risk of cancer. Workers in chemical plants and people who live near these plants are sometimes unknowingly exposed to carcinogens. Increased risk of birth defects: Being exposed to chemicals can also result in an increased risk of birth defects. How to Prevent Accidents in Chemical Plants To prevent accidents in chemical plants, or at the very least minimize the harm they cause, it is important to address the main causes of these accidents. Essentially, employers must take precautionary measures to make sure these workplaces are safe. Employers can achieve this by: Training workers on how to work safely and avoid accidents Updating equipment and completing regular maintenance Installing fire extinguishers and carbon monoxide detectors Making sure all work areas are properly ventilated Making sure safety valves are properly maintained Creating designated loading and unloading zones Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury Chemical plant accidents result in some of the most serious injuries. If you have been hurt, it is important to know that you do have legal options. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can explain what those are and recommend which avenue to take to obtain the full and fair compensation that is justly yours. Call us now at (225) 963-9638 or contact us online to schedule a free review of your case and to learn more about your legal options.

Personal Injury

Common Mistakes to Avoid After an Industrial Accident

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Industrial accidents are more common than many people think, and they result in some of the most serious injuries. This is little comfort, however, to injured workers and their families, especially when they lose their jobs, wages, or, in the worst of situations, their lives. If an industrial accident happens due to unsafe or negligent working conditions, you may have the right to recover compensation. Below, our Baton Rouge industrial accident lawyer explains some of the most common mistakes made after these incidents and how to avoid them. Not Reporting the Accident The first thing you should do after an industrial accident is report it to your manager or supervisor. This is a critical step because it will form the basis of your claim to receive benefits. The sooner you file the report, the earlier you can obtain workers’ compensation benefits or other types of compensation. Failing to report the accident and resulting injuries can result in a forfeiture of any compensation at all. When reporting the accident, make sure you include as many pertinent details as possible. In Louisiana, you have only 30 days to report the accident. Not Seeking Immediate Medical Attention If you delay seeking medical attention, it can be devastating to your claim. One of the most important pieces of evidence for your claim is your medical report, particularly if you are filing a personal injury claim or workers’ compensation claim. A medical report will document the nature and severity of your injuries, including your prognosis, all of which are important for obtaining the compensation you need. Immediately seek medical attention after suffering an injury and tell your doctor all of the accident details and the symptoms you are experiencing. In addition to documenting your injuries, the timing will establish that the injuries are serious, work-related, and not pre-existing. Not Disclosing Pre-Existing Conditions It is important that you remain honest with any doctor you see about any pre-existing conditions you may suffer from. If you lie about them, you may obtain the medical report you were hoping for, but the truth will eventually come out when your claim is further investigated. This will damage your credibility, and you will not be able to repair it. This will greatly hurt your chances of claiming any compensation at all. Always make sure you disclose any pre-existing conditions, as this will not harm your chance of compensation. Posting About the Accident on Social Media Although you may be in the habit of posting everything to social media, this is a mistake after being involved in an industrial accident. Investigators into industrial accidents are thorough and anything you post to your social media accounts will be placed under intense scrutiny. Even if you use privacy settings, these are not enough to prevent investigators from seeing the posts. Comments and photos about the accident will be taken out of context, and they will be used against you to reject your claim. Even if you think you are not posting anything that will hurt your case, you could be wrong. It is better to stay quiet about the accident so you do not hurt your case. Not Returning to Work When Able You should return to work as soon as your doctor says you are able to. If you do not, you could lose the benefits to which you are entitled. For example, your doctor may say that you can return to work but that you must be placed on light duty. In this case, your employer may delegate you to a position that does not pay as much as your previous position. In this situation, you may be tempted to simply not return to work at all, but that is a mistake. You may be able to obtain benefits to compensate for the reduced income, but only if you return to work when the doctor says you are able to. Not Contacting an Industrial Accident Lawyer in Baton Rouge Industrial accident claims are complex, whether you are filing a workers’ compensation claim or a personal injury claim. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can make the aftermath of an accident easier by handling all of the legal aspects of your claim. To obtain the full and fair compensation you deserve, call us today at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about how we can help.

Personal Injury

Everything You Need to Know About Oil Refinery Accidents

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Every year, oil refinery accidents throughout the country cause catastrophic injuries and property damage. Workers in this industry have incredibly dangerous jobs, and they deserve to be protected by implemented safety measures designed to prevent anyone from becoming harmed. Our personal injury attorneys are dedicated to helping individuals who have been hurt on the job or who have lost a family member in one of the state’s many oil refinery accidents obtain the compensation they need for lost wages, medical expenses, and more. How Common are Oil Refinery Accidents in Louisiana? Sadly, oil refinery accidents in Louisiana are quite common. There was an explosion at Tenneco Oil in Chalmette in 1976 that killed 12 people and injured many others. More recently, in August of 2012, 60 tons of carbon monoxide and one ton of benzene were released at Motiva/Shell in Norco, and in 2014, an accident at ExxonMobil right here in Baton Rouge caused a contract worker to lose his legs. What Makes Oil Refinery Accidents Catastrophic? In many oil refineries, equipment needs to be replaced or repaired, malfunctioning machinery is not uncommon, and safety standards are not adhered to properly. These dangerous conditions can cause tragic accidents, such as devastating explosions. Toxic chemicals and heavy equipment can also cause severe injuries to workers. At the same time, flammable and hazardous materials are on the worksite, and complex equipment must also be used. This increases the likelihood that a catastrophic accident will occur and result in a number of injuries and deaths. Determining Liability for Oil Refinery Accidents Under Louisiana law, all oil refinery companies are required to carry workers’ compensation insurance to cover the lost income and medical expenses of injured employees. Unfortunately, contract workers are not usually covered by workers’ compensation. Additionally, when a third party, such as a manufacturer, delivery driver, or supplier, causes an accident, injured workers can file a third-party injury claim directly against them. It is always recommended that oil refinery workers hire an attorney who can help them determine who is liable, and advise on the full compensation workers are entitled to. Common Types of Oil Refinery Accidents Workers become injured in a number of different oil refinery accidents, including the following: Chemical spills and gas leaks: Workers can become burned or poisoned when fumes or toxic materials are emitted. Equipment that is improperly maintained or workers who are negligent can also cause these accidents. Fires and explosions: The risk of fires and explosions substantially increases when employees have to work with combustible materials, which are very common in oil refineries. Defective equipment and human error are the most common causes of fires, explosions, and other types of oil refinery accidents. Falls: Workers in oil refineries can slip on unstable or irregular surfaces, fall over broken railings, or trip on clutter or debris. These accidents can result in concussions, broken bones, and other injuries that prevent them from working for a long period of time. Crushing accidents: Workers in oil refineries are commonly around heavy equipment that can crush bystanders or operators when they are not handled properly or if they are defective. Common Oil Refinery Illnesses Contracted by Workers Hazardous chemicals and fumes can result in oil refinery workers contracting respiratory injuries and poisonings. The chemicals used in refineries are very dangerous, as they are highly toxic. Workers, as well as people who live near refineries, can all become hurt. Life-threatening injuries can result from exposure to noxious substances such as hydrofluoric acid, sulfuric acid, and ammonia. Explosions can happen when the wrong chemicals are combined. When exposure happens over the long term, even seemingly innocuous materials, such as methanol, can pose health hazards, as well. Some substances that are emitted by chemical plants, such as hydrogen sulfide, can be extremely toxic. Due to the fact that these chemicals are odorless, even at high concentrations, they can result in workers becoming poisoned. Refinery workers are regularly exposed to gas emissions due to the operations in the refinery, gas leaks, and fumes. Inhaling these chemicals can be catastrophic, and the most common injuries sustained are respiratory conditions. Our Oil and Gas Industry Accident Lawyers in Baton Rouge Can Help After Injury If you or someone you love has been hurt in an accident, you do have legal options. At Big River Trial Attorneys, our Baton Rouge oil and gas industry accident lawyers can explain what those are and help you and your family obtain the fair settlement you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to get more information.

Personal Injury

What is a Commercial Vehicle?

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When most people think of commercial vehicles, they often first imagine transport trucks that can weigh up to 80,000 pounds when they are fully loaded. Vehicles such as 18-wheelers can certainly cause catastrophic damage when they are involved in a crash, but they are just one type of commercial vehicle. They are also not the only kinds of commercial vehicles that can cause serious injuries during a crash. Buses and small vans are also considered commercial vehicles, as are sedans in some cases. Due to the fact that commercial vehicles are owned and insured by corporations and not individuals, they are subject to different standards when they are involved in an accident. It is important to understand when you are hurt by a commercial vehicle so you know the steps to take afterward and how to handle your personal injury claim. Below, our attorney outlines how commercial vehicles are defined. A Weight Greater than 10,000 Pounds Commercial vehicles are defined by the Federal Motor Carrier Regulations. The first part of the definition is that a commercial vehicle is more than 10,000 pounds in weight. While this may seem like a straightforward definition, it can quickly become confusing, as the weight of a vehicle is determined in two different ways. The first is the gross weight of the vehicle, which is how much the vehicle actually weighs. On the other hand, the gross vehicle rating is the maximum operating weight. This weight is determined by the manufacturer of the vehicle. In most cases, this information is found on a sticker inside the door of the vehicle. The greater of the two weights determines if the vehicle is considered commercial. For example, while a vehicle may only weigh 8,000 pounds, if the manufacturer has set the gross vehicle weight rating at 10,500 pounds, it is a commercial vehicle. It Transports Nine or More Individuals for Commercial Purposes If a vehicle transports nine or more people for commercial purposes, it is considered a commercial vehicle. It is important to note that the driver is included in this count. The most common types of these vehicles are shuttle vans and public transport buses. These vehicles are also known as common carriers because they transport people for commercial purposes. Common carrier companies and drivers are held to a higher standard of care than other drivers, and this fact can help when you are filing a claim against either party. The Vehicle Transports More than 15 People Even if no one is receiving money for transporting passengers, a vehicle is considered commercial if it transports more than 15 people. This also includes the driver. Vehicles used for private events, such as church outings, are common examples of commercial vehicles that carry more than 15 people. It is Carrying Dangerous Materials Any time a vehicle, regardless of its size or weight, transports dangerous materials, it is considered a commercial vehicle. The quantity of the dangerous goods must be enough to warrant a special placard being displayed on the vehicle. Still, even in these instances, the smallest of vehicles can be considered commercial if they carry dangerous substances such as radioactive material or compressed gas. How Does a Commercial Vehicle Affect a Personal Injury Claim? It is critical to know if you were involved in a crash with a commercial vehicle, as it will greatly affect your claim. Accidents involving commercial vehicles are investigated differently than other types of crashes. For example, when a commercial vehicle is in an accident, the black box may have to be located to determine the vehicle’s location, speed, and other important factors, such as braking. Other important evidence, including driving logs, must also be collected. Determining liability is also more challenging when a commercial vehicle is involved in an accident. The driver of the commercial vehicle may be at fault, the company they work for, any party that loaded the vehicle, or even the manufacturer of the vehicle if they released defective parts. It is always important to work with a lawyer who can determine who is liable for paying damages for your injuries. Our Commercial Vehicle Accident Lawyer in Baton Rouge Protects Your Rights After a Crash If you or someone you love has been injured in a crash, our Baton Rouge commercial vehicle accident lawyer will inform you of your rights and advise you on how to exercise them. At Big River Trial Attorneys, we are dedicated to helping accident victims claim the compensation they deserve, and we can put our expertise to work for you, too. Call us now at (225) 963-9638 or fill out our online form to request a free consultation.

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