Brownsville, TX — Two workers sustained second degree burns in an explosion at All Star Metals, a recycling center in Brownsville, Texas. According to reports, one of the workers was cutting a piece of steel when the accident occurred. Sparks touched flammable material, which set off the explosion.
The workers — whose names have not yet been released — were taken to Valley Regional Medical Center.
Scene of the Accident
Commentary
With a work accident like this, I think this might be a good time to talk about Texas workers’ compensation laws. In many cases — not all, but many — workers’ comp serves as a kind of bulletproof vest for the employer. If an employee is ever hurt on the job, and their employer has opted into the workers’ compensation system, then they usually have no legal recourse against them. However, Texas does have a gross negligence clause, where if the employer is guilty of willful or wanton negligence, then the employee can file a claim against them. Of course, what constitutes gross negligence is open to some interpretation. It’s also important to note that workers’ compensation doesn’t apply if a third party is to blame for the accident. In that case, the injured party is free to pursue usual avenues of legal recourse. The details of this particular accident need to be fleshed out a little more before we know which laws apply here.
— Grossman Law Offices
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