Injured welder to receive $4.2 million in damages after foot injury

A jury awarded an injured welder $8.4 million in damages for an injury he received to his foot while working in Freeport. The victim, Ignacio Llamas, will receive at least $4.2 million as a result of a settlement and the award made in the negligence lawsuit.

The accident occurred in February of 2007. Llamas was welding when a molten piece of metal broke loose. The piece of metal burned through his protective clothing and slid down into his boot, burning his foot.

The jury found that three companies shared responsibility for Llamas’ accident. Certified Safety Specialists was assigned 50% of the blame, meaning that they will pay half the amount awarded by the jury. Altair Strickland was assigned 19% of the verdict; while Turnaround Welding Services was assigned 30%.

The jury did find that Llamas bore some responsibility, assigning him 1% of the blame.

One of the two contractors, Altair Strickland, entered into a settlement with Llamas just before the jury returned with its verdict. As a result, only one of the contractors, Certified Specialists, will be held to the jury’s verdict.

Because Turnaround Welding Services participates in the workers’ compensation program, the company will not have to pay out on the verdict.

According to allegations made in the lawsuit, those involved in the lawsuit were negligent because Llamas was not wearing the leather boots typically worn by welders. Normally, a welder’s pants fit over top of their boots. The rubber boots, by contrast, fit over top of Llamas’ jeans, leaving a gap for the molten metal to fall down his boot and onto his foot.

According to the lawsuit, Llamas’ injury was made worse when a Certified Safety Specialist employee told him to go to another doctor who did not properly treat him. Llamas developed an infection and was required to go to a burn unit.

For more on this negligence lawsuit that originated from a workplace injury, click here to read the complete article.

If you have been injured on the job, contact Fears | Nachawati today for a free legal consultation. You’ll receive free legal advice from a Texas workplace injury attorney. You can email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas oil refinery explosion injures three workers

A Monday night boiler explosion at a Texas oil refinery has left three workers injured.

The accident took place at Big Spring Alon Refinery at around 8:30pm. All three of the injured workers taken to the hospital have since been treated and released. Though the explosion was steam-related, none of the injured workers suffered burns. 

Refinery officials have declined to discuss the cause of the explosion, but do say the incident has had no impact on production.

The accident remains under internal investigation, and will also be investigated by OSHA.

Monday night’s explosion is the second in less than two years for the facility. In February 2008, the refinery was severely damaged in a fire caused by gas from a propylene tank.

To read more about this Texas workplace accident, click here for the complete story.

Have you been injured in the workplace? Contact Fears | Nachawati today for free legal assistance. Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is worker's compensation?

Worker’s compensation is a type of insurance purchased by employers. It compensates employers in the event that they are injured on the job. To be eligible to receive worker’s compensation, your injury must have arisen out of and in the course of your employment.

In addition to compensation for the injury itself, worker’s compensation typically covers the employee’s medical expenses as well. If a worker is killed on the job, worker’s compensation pays death benefits to the worker’s surviving spouse and other dependents. Worker’s compensation does not provide compensation for pain and suffering or punitive damages.

Worker’s compensation laws are based on strict liability. That is, you need not prove negligence in order to receive worker’s compensation benefits. Also, an employer cannot attempt to limit the amount of damages by invoking defenses such as contributory negligence. Contributory negligence and the other defenses available in civil lawsuits are not available in worker’s compensation claims.

In most cases, worker’s compensation is the only legal remedy available to an individual injured on the job. However, there are some cases where the negligence of a third party contributed to the worker’s injuries, in which case it may be possible to bring a personal injury lawsuit.

Every state’s worker compensation laws are different. The wisest course of action is to consult with an attorney who is experienced with on-the-job injuries and construction site accidents.

Contact Fears | Nachawati today for free legal advice if you have been injured on the job. You will speak directly with a Texas personal injury attorney who will answer all of your questions and help you understand your legal rights. For your free legal consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.