Get in touch
SOUTH JERSEY
PHILADELPHIA
FLORIDA

Workers Injured in a Workplace Explosion Deserve the Best Attorneys Possible to Get the Most Compensation Possible

Milton Shook • Jul 21, 2022

Industrial workers throughout the country understand well that their jobs often come with inherent risks, especially some of the industrial jobs that pay the most. However, just because a job is risky doesn't mean the worker has given up their right to a safe and secure workplace. That means an employer has a solemn duty to mitigate risks, and to follow all workplace safety regulations to the letter. When any worker is injured on the job, they and the workers around them deserve the full protection of the law, even if their job is considered inherently riskier than that of another worker, and even if they are compensated more to take on the added risk. Workers in many of these industrial plants.

 

Unfortunately, there have been a few incidents in the last year, in which workers have been seriously injured after an explosion at their workplaces. For instance, back in May, three workers were injured after an explosion at a manufacturing plant in Wisconsin. In addition, three firefighters were also injured while fighting the explosions that same day. Two of the three suffered from heat exhaustion.

 

Wisconsin Workplace Explosion


According to sources, the initial call was for a fire at Summerset Marine Construction, a business located on Chapman Lane in Eagle, Wisconsin, that manufactures piers and lifts for lakefront services. That fire, however, was quickly followed by a relatively large explosion inside the same building. Local police and fire crews were on the scene within 2-3 minutes , and they learned immediately that all 24 workers in the plant were already out of the building, which was a good thing, since the building's metal foundation had been severely damaged in the initial explosion, to the point firefighters had to fight the fire from outside the building. In all, there were a half-dozen explosions during the next 30 minutes after fire and police showed up to do their work.

 

Because of the thick smoke emanating from the fire, residents living within a mile of the plant were asked to stay indoors and limit their use of their air conditioners, to limit their exposure to the smoke and polluted air in general.

 

OSHA Mandates a Safe Workplace

 

Because so many modern-day workplaces, especially industrial or chemical plants, have significant amounts of risky chemicals, there is an increasing risk for explosions at greater numbers of those types of workplaces. It is simply a fact that more workers at more workplaces than ever find themselves at greater risk than ever. Whereas virtually all workplaces carry a risk of explosion, the workers at industrial or chemical plants are exposed to much higher risks.

 

This is because the existence of chemicals can create a buildup of gases, a buildup of heat and the potential reactions of some chemicals. Everything taken together means a chemical plant can become a source of potentially serious and consequential explosions, which can result in serious injuries to workers, as well as potentially dangerous property damage. Despite the possible risks, too many employers choose to place profits ahead of safety, giving the Occupational Safety and Health Administration (OSHA) lots of enforcement work to do.

 

Overall, under OSHA, every employer has a solemn responsibility to ensure that every workplace is a safe and healthy one for every worker. They are required to make sure everyone in the workplace is as safe and secure as possible. OSHA enforces its rules and regulations through stiff fines, citations, and other penalties for any employer who deprives their workers of a completely safe environment.

 

Among OSHA's general standards include the following, although these are in no way exhaustive:

  • Under OSHA, employers must follow all safety and health requirements to create and maintain a safe workplace free of undue hazards.
  • Employers must routinely check and maintain safe workplace conditions.
  • That means making sure every worker has the proper equipment and safety tools, and always maintained and/or replaced as necessary.
  • Employers must warn all workers of all hazards present in every workplace, and make sure they are properly trained to confront them.
  • All workers must be properly trained in all relevant health and safety procedures, and they must make sure all workers review these standards with regularity.
  • All employers must notify OSHA within 8 hours of any accident that causes three or more injured workers or one fatality.

 

Major Causes of Industrial Plant Explosions

 

Poor Workplace Maintenance

 

Over the years, there have been numerous studies into the causes of explosions at industrial and chemical plants nationwide. One of the most common problems is with the use of chemicals, which require a lot of equipment and tools to be rendered safe and risk-free. The equipment used for safety must be maintained properly and much of it requires workers be properly trained in their proper and safe use. When plant operators flout maintenance and safety regulations or leave workers with outdated or worn equipment that is not properly maintained. Since maintenance workers are expected to constantly inspect all safety equipment and replace the oudated and worn pieces, they often exacerbate risks for other workers.

 

Poor Industrial Worker Training

 

All workers in an industrial setting should understand the machinery they work with and the chemicals and other materials they use as part of their job. All workers who with or around combustible materials should be trained to avoid the dangers of combustibility and explosion, and they should know how to avoid any and all potentially hazardous situations.

 

Unfortunately for many workers, the companies they work with do not treat these hazards with the seriousness they should. Like many companies, they underrate the importance of proper training and knowing how to work safely in an inherently hazardous worksite. This type of attitude too often leads to a devastating accident at the workplace in question, which can lead to severe and debilitating injuries.

 

All workers at industrial worksites are entitled to training that teaches the following:

 

  • safe work habits
  • safety guidelines that can significantly mitigate the risks when working with hazardous materials
  • Basic training on emergency responses
  • Knowledge of chemical safety hazards and basic control measures for each
  • Knowing how to prepare hazardous materials for transportation and knowledge of the documentation relevant to that transportation.
  • How to work safely with the electrical equipment at a plant
  • How to complete structural and power system checks to enhance the overall safety of an industrial workplace

 

There are many situations that can lead to an explosion at an industrial plant. That said, some are more common than others. For instance, it's not uncommon for those in charge to lose control of simple fires, which can sometimes lead to much larger explosions. There are just so many reasons for plant explosions cited to write them all off.

 

Whether an explosion happens because of a boiler that was largely ignored and allowed to go to seed, or there has been some careless smoking going on, that fact of the matter is, most plant explosions are easily preventable, which makes them that much more tragic and actionable when a worker is seriously injured as a result.

 

If you have been injured in a plant explosion, you have a right to file a lawsuit and get all of the compensation you deserve for your injuries and damages, The Workplace Explosion Attorneys at Lento Law Group have the skills and the experience you need to get the best settlement possible. We know exactly how to protect your rights and make sure all liable parties are held to account for their failures.

More News & Resources

By Joseph D. Lento 03 May, 2024
Nurses facing abuse or other misconduct charges over inappropriate patient restraint need skilled defense representation.
By Lawrence A. Katz 26 Apr, 2024
The news has recently had almost daily stories about the social media app, Tik Tok, and Congress’ threat to make using it illegal unless its ownership is transferred from its present Chinese owners. The argument for requiring the removal of Chinses owners is that they require access to personal and confidential information and that poses a national security risk. I have seen tech experts who question whether transferring ownership will actually eliminate that threat. They suggest that if the computer code for the Tik Top app already contains a “backdoor” enabling the secret access to information, changing ownership will not correct the problem. This blog is not intended to discuss those issues. Instead, we will address the claims by many that preventing people from using Tik Tok is a First Amendment free speech violation. I suggest that it is not. This is a tidbit to keep for your next Trivia Night. The First Amendment was originally only intended to prohibit the federal government from interfering with free speech. It was not until 1925, in Gitlow v. New York, that the United States Supreme Court held that the First Amendment prohibited all levels of government (states and local governments) from interfering with free speech. A government can limit speech if doing so is content neutral. As the United States Supreme Court has explained, “A regulation of speech is facially content based under the First Amendment if it ‘target[s] speech based on its communicative content’—that is, if it ‘applies to particular speech because of the topic discussed or the idea or message expressed.’” City of Austin v. Reagan Nat'l Advert. of Austin, LLC, 596 U.S. 61 (2022). Thus, where a transit system prohibited all advertisements on its premises, the Court held that the limit was constitutional because it applied to all subjects and opinions. In contrast, a limitation on a single message is not permitted. In Ctr. for Investigative Reporting v. SEPTA, 975 F.3d 300, 303 (3d Cir. 2020), a Court of Appeals ruled against a public transit agency’s refusal to accept advertisements that were political or discussed matters of public debate. The regulation was not content neutral. The prohibition against Tik Tok would likely be found constitutional because the prohibition is not based on a specific subject or viewpoint. There is one other issue that must be raised --- it is highly unlikely that a government could prohibit all means of public forums for speech. Even if content neutral, it is unlikely that a government could prohibit all social media any more than it could prohibit all newspapers. However, in the case of Tik Tok, prohibiting it from operating in the United States does not effectively prohibit all means of public forums as several other social media platforms still exist. Thus, the often-voiced opinion that eliminating Tik Tok denies its users their First Amendment rights is inaccurate.
By Joseph Cannizzo Jr 26 Apr, 2024
While dogs are often referred to as “man’s best friend,” dogs can also be dangerous, and even the friendliest of dogs may bite when provoked. This this blog post we will discuss some general legal theory about animal bites, including dog bites, and outline what you should do if you were bit by another person’s dog or other animal. Can I Sue for a Dog Bite? Before I answer this question, it is important to understand the legal theory that undergirds animal bite cases. The law classically categorized animals into two categories: domitae naturae – meaning, those animals that are classically domesticated or tamed – and ferae naturae – meaning, those animals that are classically feral, wild, or exotic. This distinction is significant legally because, generally speaking, those who possess a ferae naturae animal – for example, a tiger – do so at their own peril. This is because if ferae naturae animal bites another person, the owner of the animal is generally presumed to be at-fault. While the owner of a domitae naturae animal can also be held liable for the actions of that animal, generally, a bite by such an animal – for example, a cat or a dog – may not necessarily give rise to a presumption of fault. At least, that was the classical framework. This has been changed by individual laws in many states. Most states have adopted a strict-liability standard in connection with dog bites. This means that a biting dog’s owner will be held liable for injuries caused by the dog, even if the owner used reasonable care to restrain the dog or to protect or warn the other party. Often, this strict-liability view can be viewed as harsh, if one adheres to the “accidents happen” mentality. In recognition of the potentially harsh outcomes strict-liability may bring about, a handful of other states have adopted a “One-Bite Rule”. In essence, a One-Bite Rule is a law that provides that a dog owner may only be held liable if they knew or should have known that the dog has a vicious propensity or is prone to bite, and that owner would only have such knowledge if the dog has bitten someone in the past. In other words, the One-Bite Rule is called this because the owner of a dog with a propensity to bite essentially gets their first bite free because the owner will likely not be found liable for the first bite. This is consistent with the notion of the “foreseeability of the harm” that undergirds much of tort law – in other words, how could the owner foresee that his or her dog would bite if it has never done so before? Conversely, the owner should know, and should therefore be held liable, if the dog has bitten someone before. So, to answer the question of whether you can sue if you have been bitten by a dog, the answer, generally is yes, but the merits of you claim will depend largely on whether you live in a strict-liability state or a One-Bite Rule state. What Do I Do If I Have Been Bitten? While you may, of course, be panicked immediately following a dog bite, it is important to do the following: · Call 911 to report the incident. Make sure a police report is filed, and get a copy of it. · Get the dog owner’s name and contact information, if possible. · Try to get a picture of the dog and the owner, if possible. · Take pictures of the bite wounds while they are still fresh. · Go seek medical treatment, if necessary, and try to leave the appointment with a copy of your medical record in connection with the visit. · Contact a knowledgeable personal injury lawyer as soon as possible. If you or a loved one have been injured by a public actor or public entity, call the Lento Law Group today. Our team of knowledgeable and compassionate attorneys and support staff can help guide you while you work to pick up the pieces after a traumatic accident. Call Lento Law Group today at (856) 652-2000. We will fight to get you the recovery you deserve.
By Joseph Cannizzo Jr. 26 Apr, 2024
By Joseph Cannizzo Jr. July 2023
By Jeanilou G.T. Maschhoff 26 Apr, 2024
By Jeanilou G.T. Maschhoff, Esquire • 20 April, 2024
By Jeanilou G.T. Maschhoff 26 Apr, 2024
By Jeanilou G.T. Maschhoff, Esquire • 06 April, 2024
08 Mar, 2024
By Jeanilou G.T. Maschhoff, Esquire • 06 March, 2024
08 Mar, 2024
By Lawrence A. Katz, Esquire • 07 Feb, 2024
08 Mar, 2024
Professional discipline in one state can affect a professional license in another state. Don’t run. Get help up front.
01 Mar, 2024
ERIC HAKEEM DEONTAYE MAYS, late Councilman Eric Mays's son and only next of kin, along with Bishop Patrick Munnerlyn, Community Outreach Specialist for the Lento Law Group, cordially invites the Flint community to a candlelight vigil to honor the remarkable life and legacy of Councilman Eric B. Mays. The vigil will take place on Saturday, March 2, at 6:00 PM in front of Flint City Hall, as we come together to celebrate a true hero of Flint, a relentless champion for the community, a visionary leader, a devoted public servant, and a cherished friend. Councilman Mays was a beacon of hope and strength for Flint, advocating tirelessly for the rights and well-being of its residents. His unwavering dedication to serving the community has left an indelible mark on the hearts of all who had the privilege of knowing him. As we gather to remember his remarkable contributions, let us light candles in unity to illuminate the path he paved toward a brighter future for Flint. This vigil is an opportunity for us to reflect on the profound impact of Councilman Mays’ work, to share stories of his courage and kindness, and to reaffirm our commitment to the values he embodied. Participants are welcome to bring their own candles, but candles will also be provided (as long as supplies last) to ensure that everyone can join in this act of remembrance and solidarity. Councilman Mays’ love for the people of Flint was boundless, and in return, he was deeply loved and respected by the community he served. As we mourn his passing, we also celebrate the legacy of a man who dedicated his life to making Flint a better place for all its residents. It has indeed been a sad week in Flint, but let us come together to honor a man who gave so much of himself to our city. Join us in front of Flint City Hall to pay tribute to Councilman Eric B. Mays, a man who deserves the best: our collective love, respect, and admiration. We invite everyone to come and show their support by standing in solidarity as we remember a great man who has left an everlasting mark on our community. Atlanta, GA • Birmingham, AL • Boulder, CO • Coral Springs, FL • Detroit, MI • El Paso, TX • Flint, MI • Honolulu, HI • Los Angeles, CA • Maui, HI Miami, FL • Mount Laurel, NJ • Newark, NJ • New York, NY • Orlando, FL • Philadelphia, PA • Puerta Plata, DR •Richmond, VA • Salt Lake City, UT San Juan, PR • Scottsdale, AZ • Washington, DC 
More Posts
Share by: