Workman sues after line heater explosion

Kelly Holleran Sep. 10, 2009, 2:42am

Even though he has already received workers' compensation benefits, a Hardin County man is suing a company after he says a line heater exploded near him.

Daniel James Bingham filed a lawsuit Sept. 3 in Jefferson County District Court against Streamline Production Systems Inc.

Bingham claims he was working for Milestone Operating on Sept. 30, 2008, when he was instructed to work near a line heater at a well known as Failor#9.

While working near the line heater, it exploded and severely injured Bingham, the suit states.

Shortly before the explosion, Streamline serviced the line heater, the complaint says.

Because of the incident, Bingham claims he incurred medical costs, experienced physical pain, suffering and mental anguish, lost earnings and sustained physical impairment.

Bingham blames Streamline for:

  • Improperly installing the line heater;
  • Failing to warn people working near the line heater of its dangerous condition;
  • Failing to adhere to safety standards;
  • Failing to inspect the premises for dangerous conditions;
  • Failing to correct the dangerous condition;
  • Failing to properly supervise the line heater's installation; and
  • Failing to provide properly trained workers for the line heater's installation.

    Bingham has received workers' compensation benefits, but says if he wins the lawsuit it will benefit his workers' compensation provider.

    "In fact had this suit not been brought, the insurance carrier would surely have lost any right to recover any of its funds expended upon
    Plaintiff herein," the suit states.

    Bingham is seeking an unspecified judgment, plus costs, pre- and post-judgment interest and other relief to which he may be entitled.

    B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont and Lindsey B. Whisenhant of Woodville will be representing him.

    The case has been assigned to Judge Bob Wortham, 58th District Court.

    Jefferson County District Court case number: A184-836.

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