Industrial accidents in Delaware can produce some of the most severe injuries in personal injury law. Workers and contractors at refineries, chemical plants, manufacturing facilities, and processing operations face exposure to heavy machinery, hazardous chemicals, high-pressure systems, and elevated work areas every shift. When something goes wrong, the consequences can include amputations, crush injuries, severe burns, traumatic brain injury, and fatalities. Schuster Jachetti LLP has experience handling industrial accident claims throughout Delaware, including New Castle, Kent, and Sussex Counties.
How Industrial Accidents Happen in Delaware
Delaware’s industrial corridor along the Delaware River has historically included refineries, chemical processing facilities, and large-scale manufacturing. The PBF Energy Delaware City Refinery, Croda chemical operations, Edgemoor manufacturing sites, and dozens of smaller plants employ thousands of workers. Industrial accidents in these settings often involve a combination of equipment failure, inadequate safety systems, contractor coordination breakdowns, and human error.
- Explosions and fires from process upsets, leaks, or hot work
- Caught-in or caught-between machinery without adequate guarding
- Falls from elevated platforms, scaffolding, or tank tops
- Chemical releases and toxic exposure events
- Confined space incidents involving oxygen deficiency or hazardous atmospheres
- Crane, hoist, and rigging failures during turnarounds
- Steam, hot oil, and high-pressure system ruptures
Common Injuries in Industrial Accidents
The energy involved in industrial settings means injuries are frequently catastrophic. Survivors may face years of medical treatment, surgical reconstruction, and rehabilitation.
- Severe thermal, chemical, and electrical burns
- Traumatic amputations of fingers, hands, arms, or legs
- Crush injuries and degloving wounds
- Inhalation injuries from smoke or toxic vapors
- Traumatic brain injury from struck-by or fall events
- Spinal cord injuries with paralysis
- Hearing loss and vision damage
Who May Be Liable
Industrial accidents often involve multiple potentially responsible parties. While a worker’s direct employer is generally covered by Delaware workers’ compensation, third-party claims may be available against other entities whose negligence contributed to the injury.
- Plant owners or operators who hired the injured worker’s contractor
- Other contractors and subcontractors on a multi-employer site
- Equipment manufacturers when machinery is defective
- Maintenance contractors whose work created a hazard
- Chemical suppliers when product warnings were inadequate
Delaware Law and Industrial Accident Claims
Delaware law generally provides workers’ compensation as the exclusive remedy against a direct employer. However, injured industrial workers may be able to pursue third-party negligence claims under 19 Del. C. § 2363, which preserves the right to sue parties other than the employer. These third-party claims can recover damages not available through workers’ compensation, including pain and suffering and full lost earning capacity. The general personal injury statute of limitations under 10 Del. C. § 8119 is two years from the date of injury.
OSHA standards, including 29 C.F.R. Part 1910 General Industry standards, frequently establish the safety baseline. Process Safety Management requirements under 29 C.F.R. § 1910.119 apply to many Delaware refinery and chemical operations. Violations can be powerful evidence of negligence in third-party claims.
Damages You May Be Entitled To Recover
- Medical expenses, including future surgical and rehabilitation costs
- Lost wages and reduced earning capacity
- Pain and suffering and loss of life’s pleasures
- Disfigurement and scarring damages
- Loss of consortium for a spouse
Steps to Take After an Industrial Accident
- Get emergency medical care immediately
- Report the incident through your employer’s reporting system
- Preserve work clothing, PPE, and any equipment fragments
- Identify witnesses and other contractors on site
- Photograph the scene if it is safe to do so
- Request a copy of any internal incident report
- Speak with a Delaware industrial accident lawyer before giving recorded statements to insurers
Frequently Asked Questions
Can I sue if I was hurt working for a contractor at a Delaware refinery?
You may be able to pursue a third-party claim against the refinery owner or other contractors whose negligence contributed to your injury, in addition to receiving workers’ compensation from your direct employer.
How long do I have to file an industrial accident lawsuit in Delaware?
Delaware law generally provides two years from the date of injury under 10 Del. C. § 8119. Workers’ compensation deadlines are separate and shorter.
What if defective equipment caused my industrial injury?
You may be able to pursue a product liability claim against the equipment manufacturer in addition to negligence claims against site parties.
Will OSHA findings help my Delaware industrial accident case?
OSHA citations and reports can be powerful evidence of negligence, though admissibility depends on the specific facts and procedural posture of your case.
Related resources: Delaware workers’ compensation, construction accident claims, catastrophic injury cases, burn injury claims, wrongful death claims, and attorney Joseph M. Jachetti.
Talk to a Delaware Personal Injury Lawyer
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.