Industrial refinery corridor at night — contract workers face unique risks at multi-employer worksites
Contract Worker Rights

Contractor Injured at a Refinery? You Can Sue the Site Operator.

If you were hired through a staffing agency or contractor and got hurt at a Houston refinery, the operator who controlled safety at that site may owe you far more than workers comp.

Check My Eligibility

Why Contract Workers Have More Rights Than They Think

Houston-area refineries depend on thousands of contract workers for turnaround shutdowns, routine maintenance, welding, insulation, and scaffolding. If you were hired through a staffing agency like Brock Services, Matrix Service, or a local contractor, your employer probably carries a workers comp policy. That policy covers basic medical bills and partial wage replacement. But it often leaves out the biggest losses: pain and suffering, full lost wages, and long-term disability.

What most contractors do not know is that the refinery operator — Shell, ExxonMobil, Marathon, LyondellBasell, or Valero — may be separately liable for your injuries. Under Texas law, the company that controls the worksite is responsible for maintaining safe conditions for everyone working there, not just their direct employees. If the operator failed to enforce lockout/tagout procedures, ignored known hazards, or skipped required safety briefings, you can file a third-party personal injury claim against them.

The Multi-Employer Worksite Doctrine

OSHA's multi-employer worksite policy holds the "controlling employer" responsible for hazards even when the injured worker is employed by someone else. In a refinery, the operator typically controls access, safety protocols, hot work permits, and emergency procedures. When an OSHA violation is issued against the operator for a condition that injured a contract worker, it becomes powerful evidence in a third-party lawsuit.

This applies whether you were doing pipe fitting during a turnaround, operating a crane, cleaning vessels, or handling chemicals. If the operator created or allowed the unsafe condition, your contractor's workers comp is not the end of the story — it's the beginning.

Key Facts for Contract Workers

Houston-area refineries

30+

use contract labor for daily operations and turnarounds

Third-party claim recovery

3-10x

more than workers comp when the site operator is at fault

OSHA multi-employer citations

Rising

operators cited for contractor injuries at their facilities

What to Do After a Contractor Injury at a Refinery

Report the injury to both your direct employer and the refinery operator. Request copies of the incident report, safety orientation records, and any hot work or confined space permits for that day. If possible, photograph the area where the injury occurred before conditions change. Refinery operators sometimes alter the worksite quickly after an accident.

Texas law prohibits retaliation against workers who report injuries or file claims. Your employer and the refinery operator cannot fire you, demote you, or blacklist you for seeking legal help. A consultation with a licensed attorney is confidential — your employer will not be contacted without your written permission. Start with our free 60-second quiz to see if you qualify.

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Frequently Asked Questions

Can a contract worker sue the refinery operator after an injury?
Yes. In Texas, if the refinery operator controlled the work site and failed to maintain safe conditions, a contract worker can file a third-party personal injury lawsuit against the operator. This is separate from any workers comp claim through the staffing agency or contractor.
What is the multi-employer worksite doctrine in Texas?
Under OSHA's multi-employer worksite doctrine, the company that controls a worksite can be held responsible for safety hazards even for workers they did not directly hire. Refinery operators who control safety conditions, access, and procedures can be cited for violations that injure contract workers.
Will my staffing agency protect me if I sue the refinery?
Your staffing agency cannot legally retaliate against you for filing a third-party claim against the refinery operator. Texas law prohibits retaliation for reporting workplace injuries or pursuing legal claims. Your consultation with an attorney is confidential.
How much is a contractor refinery injury claim worth?
Third-party claims against refinery operators typically recover 3 to 10 times more than workers comp alone because they include pain and suffering, full lost wages, and future medical costs. The exact value depends on injury severity, the operator's negligence, and any OSHA violations at the site.
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