On Monday afternoon, an explosion rocked the King Asphalt facility on Troy Atkinson Road in Marion County, South Carolina. The asphalt plant explosion triggered a significant emergency response from multiple fire departments across the region, as black smoke and visible flames spread into surrounding equipment, storage facilities, and at least one vehicle. Two individuals were injured – one critically enough to be airlifted for emergency medical care, and another transported by ambulance.
As investigations into the cause of the explosion continue, the incident sheds light on the inherent hazards of working in asphalt plants and other industrial environments. Workers in these settings face serious risks on a daily basis. Risks include exposure to flammable chemicals, equipment malfunctions, high heat, confined spaces, and inadequate safety protocols.
For victims of such incidents, the physical, emotional, and financial toll can be overwhelming. Understanding your rights after a workplace explosion and knowing when to speak with a skilled workplace injury attorney can be critical to ensuring you receive the full compensation you deserve.
The Dangers of Working in Asphalt Plants
Asphalt plants are complex operations where hot materials, pressurized systems, and combustible substances converge in a high-risk environment. Some common hazards include:
- Combustible gases and vapors: Asphalt production involves heating petroleum-based products, which can produce explosive vapors.
- Pressurized equipment failures: Tanks, boilers, or pipelines under pressure can rupture or explode if not properly maintained.
- High temperatures: Asphalt must be heated to extremely high temperatures for application, creating burn risks and heat stress hazards.
- Flammable storage facilities: Onsite tanks and silos often store fuel or raw materials that can ignite during equipment malfunctions.
- Poor ventilation: Fumes and vapors can build up in enclosed spaces, leading to toxic exposure or heightened explosion risk.
These factors make strict safety compliance and well-maintained equipment non-negotiable. Even minor oversights can lead to devastating consequences.
What Causes Industrial Accidents Like the King Asphalt Explosion?
While the exact cause of the King Asphalt explosion remains under investigation, industrial accidents often stem from a combination of preventable factors:
- Equipment failure or lack of maintenance
- Improper handling of flammable substances
- Failure to follow Occupational Safety and Health Administration (OSHA) protocols
- Insufficient employee training
- Overheated or malfunctioning machinery
- Chemical reactions due to improper storage or mixing
In many cases, employers cut corners or fail to provide adequate training and resources to ensure worker safety. This often places profit over protection. When that happens, injured workers have legal rights.
Injuries Common in Asphalt Plant Explosions
Explosions in industrial settings like asphalt plants can cause catastrophic and life-altering injuries. Victims may suffer:
- Severe burns from thermal blasts or chemical exposure
- Traumatic brain injuries (TBIs) from shockwaves or falling debris
- Spinal injuries and fractures from structural collapses
- Crush injuries from being pinned or struck by heavy machinery
- Internal injuries or organ damage due to blunt force trauma
- Inhalation injuries from smoke, toxic fumes, or asphalt vapors
Such injuries often require long-term hospitalization, surgery, rehabilitation, and, in some cases, result in permanent disability or wrongful death.
Workers’ Rights After an Industrial Explosion
If you or a loved one was injured in an asphalt plant explosion or similar industrial accident, you have legal protections under both state and federal law. Most employees are entitled to workers’ compensation, which generally covers:
- Medical treatment and rehabilitation
- Partial wage replacement during recovery
- Disability benefits (temporary or permanent)
- Death benefits for surviving family members
However, workers’ compensation doesn’t always go far enough, especially in cases involving negligence, defective equipment, or third-party liability.
When Workers’ Compensation Isn’t Enough
While workers’ comp is a no-fault system, it also comes with limits. In serious injury cases, it often fails to cover:
- Full lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages in cases of gross negligence
That’s why it is essential to consider whether you may have a third-party injury claim in addition to your workers’ compensation benefits. Potentially liable third parties may include:
- Equipment manufacturers (for defective parts or machinery)
- Outside contractors working onsite
- Chemical suppliers
- Maintenance companies
- Safety consultants or inspectors
If negligence on the part of any of these parties contributed to the explosion, you may be able to pursue a personal injury or product liability lawsuit for additional compensation.
How an Industrial Accident Attorney Can Help
When you have been seriously hurt in an asphalt plant explosion or industrial accident, you need someone on your side who understands the full scope of your legal rights and can fight for maximum compensation. A skilled attorney can:
- Conduct a thorough investigation into the cause of the explosion
- Identify all liable parties beyond your employer
- Work with medical experts to document the full extent of your injuries
- Challenge insurance companies that try to minimize or deny your claim
- Help you obtain workers’ comp benefits and pursue third-party lawsuits simultaneously
- File a wrongful death lawsuit if a loved one was killed in the incident
At Kherkher Garcia, our attorneys are experienced in representing industrial workers and their families. We understand the devastation these accidents cause, and we know how to hold the responsible parties accountable.
What to Do After an Asphalt Plant Explosion or Injury
If you were involved in a workplace explosion or industrial accident, take the following steps as soon as possible:
- Seek immediate medical attention, even if your injuries seem minor.
- Report the incident to your employer and make sure it is documented.
- Collect evidence, if possible, such as photos of the scene, names of witnesses, and safety inspection records.
- Do not give recorded statements to insurance companies without legal representation.
- Contact an experienced workplace injury attorney to discuss your case and protect your rights.
Time is critical. The longer you wait, the harder it becomes to gather evidence and file claims before deadlines expire.
FAQs About Asphalt Plant Accidents and Legal Claims
Q: Can I sue my employer for the explosion?
A: In most cases, workers’ compensation is the exclusive remedy against your employer. However, if a third party was involved—such as a contractor or equipment manufacturer—you may be able to file a separate personal injury lawsuit.
Q: What if I was a subcontractor or temporary worker?
A: You may still be eligible for workers’ comp through your staffing agency or direct employer. You may also have a stronger third-party liability case depending on the site’s management.
Q: How long do I have to file a claim?
A: Workers’ compensation deadlines vary by state, but they can be as short as 30 days to report the injury. Personal injury or third-party lawsuits are typically subject to a statute of limitations, often 1-3 years depending on jurisdiction.
Q: What if I already accepted workers’ comp?
A: Accepting workers’ compensation benefits doesn’t prevent you from pursuing a third-party claim. An attorney can help you manage both processes without conflict.
Kherkher Garcia is Here to Help Injured Workers
If you or someone you love was injured in an asphalt plant explosion like the one in South Carolina, you don’t have to face the aftermath alone. At Kherkher Garcia, we have helped countless workers secure the justice and compensation they deserve after industrial disasters.
We understand the physical, financial, and emotional toll these events take, and we fight to hold those responsible accountable.
Contact us today for a free, confidential consultation. Our experienced attorneys will evaluate your case, explain your options, and help you move forward with the support you need. Call us now to start your consultation at 713-333-1030. Or, you can request more information or schedule a consultation by submitting our online contact form.
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