By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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How doctors grade a flash fire or steam burn, and what a burn claim can cover, is explained on our burn injury lawyer page.
How often fires and explosions kill workers
The U.S. Bureau of Labor Statistics counted 5,070 fatal work injuries in 2024. Explosions and fires caused 93 of them, and exposure to electricity caused 130 (BLS Census of Fatal Occupational Injuries, Table 2).
| Event (BLS category) | Deaths in 2023 | Deaths in 2024 |
|---|---|---|
| Explosions and fires | 104 | 93 |
| Exposure to electricity | 142 | 130 |
| Exposure to temperature extremes | 56 | 53 |
| All fatal work injuries | 5,283 | 5,070 |
Workers’ comp and lawsuits: the rules in each state
| California | Texas | Washington | |
|---|---|---|---|
| Claim against your own employer | Workers’ comp is the “sole and exclusive remedy,” except for a willful physical assault by the employer, fraudulent concealment of the injury, or a defective product the employer manufactured (Labor Code 3602) | Workers’ comp is the exclusive remedy against an employer that carries comp coverage (Labor Code 408.001(a)). The one carve-out lets a surviving spouse or children seek exemplary damages when the employer’s intentional act or gross negligence caused the worker’s death (408.001(b)) | Allowed only when the employer had a “deliberate intention” to produce the injury (RCW 51.24.020) |
| Claim against others | A comp claim does not affect your right to “all damages” from the injury against “any person other than the employer” (Labor Code 3852) | You may sue a liable third party and also pursue comp benefits (Labor Code 417.001(a)) | You may “elect to seek damages” from a liable third person “not in a worker’s same employ” (RCW 51.24.030) |
| General deadline to sue | 2 years (CCP 335.1) | 2 years (CPRC 16.003) | 3 years (RCW 4.16.080) |
Texas employers without workers’ comp
Texas treats an employer that has no workers’ compensation coverage (often called a nonsubscriber) differently. A worker burned on the job can sue that employer for negligence, and the employer cannot defend by saying the worker was partly at fault, assumed the risk, or was hurt by a co-worker’s negligence (Labor Code 406.033). The employer can still argue that the worker meant to cause the injury or was intoxicated, and the worker still has to prove the employer was negligent. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
The comp insurer’s stake in your lawsuit
A third-party case and a comp claim run side by side, and they affect each other. In Texas, the comp carrier steps into the worker’s rights against the third party, up to the benefits it paid (Labor Code 417.001(b)). In Washington, the injured worker must notify the Department of Labor and Industries or the self-insured employer when the lawsuit is filed, and the department can intervene to protect its interest in the recovery (RCW 51.24.030(2)). Settling one without planning for the other can cost you money.
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Who can be sued after a refinery, plant or jobsite burn
Burns at industrial sites often involve several companies working in the same unit. Depending on the facts, claims may lie against:
- A maintenance or turnaround contractor whose work on a line, valve or vessel failed
- The maker of a valve, hose, heat exchanger, gauge or other part that failed (see our page on defective product burns)
- The owner of the site, when you work there for a contractor or staffing agency
- A driver or trucking company, when the burn came from a crash or tanker fire during work (see vehicle fire burns and our tanker truck accident page)
Claims against a site owner are limited in two of our states. In California, a company that hires a contractor is liable to the contractor’s employee when its exercise of retained control “affirmatively contributed” to the injury (Hooker v. Department of Transportation (2002) 27 Cal.4th 198). In Texas, a property owner is generally not liable to a contractor’s employee hurt while building or repairing an improvement unless the owner kept some control over how the work was done, actually knew of the danger and failed to adequately warn (CPRC 95.003). Who controlled the work is often the first fight in these cases.
When a part failed, product law applies; in Texas, a design defect claim requires proof of a safer alternative design (CPRC 82.005).
What the Chemical Safety Board found in California, Texas and Washington
The U.S. Chemical Safety Board (CSB) investigates major chemical incidents and publishes its findings. Its reports do not decide fault in a lawsuit, but they often point to the equipment, procedures and companies that a burn case will look at.
| Date | Site | What the CSB reported |
|---|---|---|
| March 23, 2005 | BP refinery, Texas City, Texas | About 7,600 gallons of flammable hydrocarbons escaped from a blowdown drum stack in the isomerization unit; 15 people died and 180 were injured; all 15 deaths occurred in or near work trailers placed too close to the unit (CSB) |
| April 2, 2010 | Tesoro refinery, Anacortes, Washington | An explosion and fire killed seven workers; the CSB blamed high temperature hydrogen attack on a nearly 40-year-old heat exchanger (CSB) |
| Aug. 6, 2012 | Chevron refinery, Richmond, California | A pipe ruptured in the crude unit; 19 workers were engulfed in a vapor cloud and about 15,000 residents sought medical treatment (CSB) |
| March 17, 2019 | ITC tank farm, Deer Park, Texas | A fire destroyed fifteen 80,000-barrel tanks, burned for three days and led to a shelter-in-place for all of Deer Park (CSB) |
| April 2, 2019 | KMCO plant, Crosby, Texas | Isobutylene leaked from fractured piping and ignited; one worker died, two were seriously injured and at least 28 others were hurt (CSB) |
| Nov. 27, 2019 | TPC Group, Port Neches, Texas | Explosions injured two employees and a contractor and forced an evacuation of everyone within four miles (CSB) |
California’s refinery safety rule
Since October 1, 2017, California refineries have operated under a separate Cal/OSHA process safety rule, Title 8, section 5189.1. It requires a damage mechanism review for each process where a damage mechanism exists and a stand-alone hierarchy of hazard controls analysis (8 CCR 5189.1). When a California refinery worker is burned, whether those reviews were done, and done honestly, is evidence. California and Washington run their own OSHA-approved state plans, while Texas is covered by federal OSHA (OSHA state plans), which changes which agency’s inspection file you request.
What to save after a burn at work
- Report the injury to your employer in writing and keep a copy.
- Write down every company working in the unit or area that day, including contractors and subcontractors.
- Keep your flame-resistant clothing, gloves and boots as they are. Do not wash them.
- Photograph the equipment and the area if you can do so safely, and note any tag numbers.
- Ask for the incident report and the names of witnesses.
- Do not give a recorded statement to any company’s insurer before you speak with a lawyer.
Talk to a workplace burn lawyer
If you or a family member was burned at a refinery, plant, warehouse or jobsite in California, Texas or Washington, call Beverly Law at (310) 552-6959. We will review the comp claim and look for every outside company that shares responsibility. You owe no fees or costs unless we win.
Common questions
Can I sue my employer for a burn at work?
Usually not. In California and Washington, and in Texas when the employer carries comp, workers’ compensation is the remedy against your employer, with narrow exceptions set by statute. You can still sue outside companies. In Texas, an employer without comp coverage can be sued for negligence.
Can I get workers' comp and also sue someone else?
Yes. California Labor Code 3852, Texas Labor Code 417.001 and Washington RCW 51.24.030 all allow a claim against a liable third party while you receive comp benefits. The comp insurer usually has a claim to part of that recovery, so both cases should be handled together.
What if I work for a contractor at a refinery?
You may have a claim against the refinery owner, other contractors on site, or the makers of equipment that failed. California and Texas limit claims against a site owner unless it controlled the work in ways the law spells out, so the facts about who directed the job matter.
How long do I have to sue for a workplace burn?
The general deadline for a personal injury lawsuit is two years in California and Texas and three years in Washington. The workers’ comp claim runs on its own track, so report the injury to your employer right away and call us before you assume you have time.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- bls.gov/news.release/cfoi.t02.htm
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/labor_code_section_3602
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- law.justia.com/cases/california/supreme-court/4th/27/198.html
- statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm
- statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm
- tcss.legis.texas.gov/resources/LA/htm/LA.406.htm
- statutes.capitol.texas.gov/Docs/LA/htm/LA.417.htm
- tcss.legis.texas.gov/resources/LA/htm/LA.417.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.95.htm
- tcss.legis.texas.gov/resources/CP/htm/CP.95.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
- tcss.legis.texas.gov/resources/CP/htm/CP.82.htm
- statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- app.leg.wa.gov/RCW/default.aspx
- csb.gov/assets/1/20/0129CSB-Chevron1.pdf
- csb.gov/u-s-chemical-safety-board-concludes-organizational-and-safe
- csb.gov/csb-releases-final-report-into-fatal-2019-explosion-and-fir
- csb.gov/csb-releases-final-tpc-report-/
- csb.gov/csb-releases-final-report-on-2019-massive-tank-farm-fire-at
- csb.gov/csb-releases-new-computer-animation-of-2010-explosion-and-f
- dir.ca.gov/title8/5189_1.html
- osha.gov/stateplans
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.