Compressed gases are used on many construction projects and in several other industries. Compressed gas is a mixture of gases kept in a container with a prescribed pressure. Or the gases can be in liquid form with a certain prescribed vapor pressure.
Even though they are used commonly, using compressed gas entails several hazards. Thousands of workers are injured yearly in construction accidents while using compressed gas. These injuries are usually due to failure to handle the compressed gas safely or negligence.
What Are Some of the Hazards of Compressed Gases?
Compressed gases can be hazardous in many ways, as follows:
- They are combustible;
- Under certain circumstances, they can even be explosive;
- They can be corrosive;
- They are poisonous: If inert gases leak into a large space, they can rapidly displace air in the area creating an oxygen-deficient atmosphere. This can be deadly for humans.
Gases can cause asphyxiation and be highly reactive and toxic, even some gases that most people consider harmless, such as nitrogen.
What Other Hazards Relate to Compressed Gases?
The hazards mentioned above are those presented by the compressed gases themselves. In addition, the containers for gases create risks of injury. Some examples include the following:
- Compressed gases are contained in a pressurized form in heavy metal containers. Due to the amount of potential energy in the containers, it is possible that they could become weaponized as rockets or fragmentation bombs;
- Cracked or otherwise damaged containers can lead to leaks or ruptures. A container that is leaking compressed gas creates a risk of fire, explosion, suffocation, and poisoning;
- Compressed gases are often contained in very heavy containers. If these containers are improperly stored or moved, the containers can fall on workers, sometimes leading to fatal injuries.
How Can I Avoid Compressed Gas Accidents?
Proper design of compressed canisters of gas, proper maintenance of them while stored before use, and safe handling of compressed gases when used are all necessary to avoid accidents and resulting injuries. If a person works where compressed gas is used in construction or manufacturing, they can contact the Occupational Safety and Health Administration (OSHA).
The Occupational Safety and Health Administration has set standards for compressed gas and related equipment for general industry, maritime, and construction. These can be viewed on OSHA’s website.
If a person who works with compressed gas believes that it is not handled in compliance with OSHA standards or otherwise in a manner that is unsafe for employees, they can file a complaint with OSHA and start an investigation. They need not fear that they will lose their job because they filed an OSHA complaint about their workplace. Federal and state whistleblower laws protect employees who report workplace safety hazards and OSHA violations from retaliatory firing.
What Are My Remedies If I Am Injured by Compressed Gases or a Canister?
If the design of the container was somehow defective and the defect caused injury to a person, the person may have a strict product liability claim against the manufacturer and distributor of the compressed gas.
If a canister has a defect because it was manufactured in some way that led to a defect, e.g., perhaps defective materials were used in making it, then again, a person injured by a canister would have a product liability case against the manufacturer, and distributor.
If the manufacturer or distributor did not properly warn consumers of compressed gas, then an injured victim would have a case for a failure to warn of defect against the manufacturer and distributor of the compressed gas.
A person injured by a product defect does not have to prove that a manufacturer or distributor of a product was negligent in any way. All an injured person has to prove is that the product was somehow defective and the defect was the direct cause of their injury.
It is also possible that compressed gases have injured a person because of someone’s negligence. In this case, the person would have grounds for a personal injury lawsuit in which they could recover compensation for the following:
- Lost wages, both those suffered at the time of settlement or trial and those that a victim can expect in the future;
- Lost earning capacity if the ability to work has been permanently impaired;
- The cost of all necessary medical treatment;
- An amount to compensate for pain and suffering;
- On the rare occasion when the negligent party’s actions were especially outrageously reckless, punitive damages were awarded.
What If I Was Injured at Work?
If a person is injured by compressed gas while working, they will turn to their state’s workers’ compensation system for benefits for their economic losses. The state workers’ compensation systems are no-fault systems. This means that a worker injured on the job does not have to prove negligence or that a product that injured them was defective.
Rather, they only have to show that they were injured within the course and scope of performing their job duties. They can then recover the following:
- Lost Earnings: In most states, injured workers are entitled to the earnings they do not receive because they cannot work with their injury. This is usually paid in the form of weekly compensation.
- A worker’s lost potential earnings will depend on the state where the person files their claim. Whether a person’s disability is temporary or permanent and total or partial determines lost earnings.
- If a person is temporarily disabled, they still recover from their injury but expect to recover fully. Permanent disability means a person’s condition is stable but not expected to improve. Total disability means a person cannot reasonably perform work because of injury. And partial disability means that a person can still do some work. A person’s benefit for lost earnings can be one of the following:
- Temporary total disability;
- Temporary partial disability;
- Permanent total disability;
- Permanent partial disability.
- Permanent Impairment Benefits: Most states offer a benefit of a specific value for certain specific injuries that are severe and irreversible. For example, a person might be provided a payout of $100,000 payout if they lose the use of a hand permanently;
- Vocational Rehabilitation: If a worker is permanently disabled and cannot return to the work they did before their injury, workers’ compensation can also be used to pay for job retraining for a new type of employment. This benefit is especially helpful if a worker is not eligible for lasting benefits.
Do I Need the Help of a Lawyer If I Have Been Hurt in a Compressed Gas Accident?
If you were injured in the course and scope of your employment, you want to consult a workplace injury lawyer. Your lawyer can get you the best possible recovery from your state’s workers’ compensation system.
If you were not injured in your own workplace but somewhere else, maybe in a retail environment where compressed gas in canisters is sold, you want to consult a personal injury lawyer.
A personal injury lawyer can review the facts of your case and tell whether you should file a strict product liability lawsuit or a personal injury lawsuit for negligence. Your lawyer can inform you of your options if someone else was at fault for the compressed gas injury.
