Chemical Plant Accidents: Liability, Damages & Filing Claims

Chemical plant accidents can result in lifelong health issues, expensive medical bills, and even fatal injuries. If you or someone close to you has been involved in such an incident, you have the right to take legal action and pursue compensation for the challenges you’re facing.

At John Foy & Associates, our workers’ compensation lawyers in Atlanta have handled countless cases like yours. We have the experience necessary to build a strong claim and fight for the damages you’re owed. We’ll offer compassionate guidance and answer any questions you have about chemical plant accident liability, damages, and claims.

Who Can Be Held Liable for a Chemical Plant Accident?

As mentioned above, you have the option to pursue compensation after suffering injury in a chemical plant accident. But who will provide that compensation? In situations like these, there is often a party who is liable, or legally responsible, for the injuries and losses you’ve been burdened with.

It’s your attorney’s job to identify the liable party and file a civil suit against them or a claim with their liability insurance provider. When it comes to chemical plant accidents, the following parties are usually held liable for damages:

The Owner of the Chemical Plant

Devastating accidents can occur when chemicals are stored improperly or other important safety precautions aren’t taken at a chemical plant. As a result, chemical plants are heavily regulated and required by law to follow a number of safety requirements.

When chemical plant owners fail to abide by safety standards, they can be held liable for the injuries, financial losses, and property damage caused by their negligence. You may be eligible to seek damages from the plant owner if the accident you were injured in was caused by the following factors:

• Inadequate safety measures or training
• Failure to provide workers with safety personal protective equipment and other safety equipment
• Poor supervision
• Improper chemical handling or storage
• Failure to abide by regulations
• Negligent hiring practices
• Failure to conduct routine inspections and maintenance

Plant owners are responsible for accidents and injuries caused by the above-mentioned factors. A plant owner may also be held liable for the negligence of employees and other third parties who enter the premises of the chemical plant. 

Depending on the nature of your accident and injuries, an attorney may advise you to file a civil suit against the plant owner or a claim with their liability insurance provider. 

Equipment Manufacturer

In some cases, the plant owner isn’t held liable for accidents and damages. Such cases often involve issues with equipment used at the facility. When faulty equipment or other related issues cause a chemical plant accident, the manufacturer of said equipment can be held liable for the damage done.

When an attorney investigates your accident, they may call on engineering and other experts to determine whether or not the incident resulted from an equipment failure or malfunction. If investigators find that the equipment is to blame, your attorney can use their expert testimony as evidence in a claim against the equipment manufacturer.

Equipment manufacturers and sellers can be held liable for damages after chemical plant accidents caused by the following factors:

• Defective equipment design
• Use of substandard materials
• Manufacturing defects
• Lack of adequate quality control testing
• Lack of warning labels and safety instructions
• Lack of or faulty safety mechanisms
• Failure to recall dangerous equipment
• And more

Filing a Claim for Damages After a Chemical Plant Accident

If you or a loved one has been harmed in a chemical plant accident, there are several actions you can take to obtain damages from the liable party. Depending on your unique circumstances, an attorney may advise you to take one of the following routes to compensation:

File a Workers’ Compensation Claim

If you were injured in an explosion, chemical leak, or another incident at an industrial chemical plant, you’ll likely be covered by your employer’s workers’ compensation coverage. To obtain compensation, you’ll have to receive medical care from a provider that’s approved by your employer’s workers’ comp insurance company.

Seeing a provider that isn’t covered could lead to problems with your claim. Once you’ve sought treatment for your injuries, you’ll want to work with a workers’ comp attorney to file a claim. If successful, your claim could yield medical benefits, weekly payments, and compensation to help with any disabilities you’ve sustained.

If your spouse or family member has suffered fatal injuries while working at a chemical plant, you may be eligible to file a workers’ comp claim on their behalf. The compensation you receive from a claim can help you cover funeral expenses and other costs you’ve incurred as a result of your loved one’s death.

File a Personal Injury Claim

In some cases, you might be entitled to file a civil suit against the plant owner or another party. If that’s the case, you’ll need to hire an experienced trial attorney who isn’t afraid to fight a long courtroom battle or take part in a class action lawsuit.

When you hire a lawyer to help you file a chemical plant accident lawsuit for damages, they’ll determine exactly which forms of compensation you’re owed and how much you should receive from a court verdict. Once your attorney has calculated how much compensation you deserve, they’ll fight for the following damages in court:

File a Wrongful Death Action

If your loved one was fatally injured in a chemical plant accident and isn’t covered by a workers’ compensation policy, it may be appropriate for you to file a wrongful death action against the liable party. If that’s the case, a wrongful death lawyer from Atlanta can file a suit on your behalf and pursue the following damages in court:

• Medical expenses
• Loss of financial support
• Funeral costs
• Burial expenses
• Pain and suffering
• Mental anguish
• Loss of consortium
• And more

Schedule a Free Consultation With a Chemical Plant Accident Attorney

Understanding liability, damages, and the claims process after a chemical plant accident can be extremely difficult, especially if you’re dealing with a catastrophic injury or the loss of a loved one. Luckily, the team at John Foy & Associates can answer any questions you have about your claim and provide the advocacy you need to obtain compensation.

Contact us today to schedule a free consultation with a chemical plant accident lawyer and get started on your claim. An attorney will meet with you to discuss your unique situation and advise you on your best course of action. We look forward to hearing from you soon.