By Erwin Seba

HOUSTON (Reuters) – Attorneys representing the household of a employee who was killed in a hearth at a Texas Metropolis, Texas, refinery and one other employee who was hospitalized stated on Wednesday they’ve filed or would quickly file damage claims in opposition to prime U.S. oil refiner Marathon Petroleum (NYSE:).

An worker killed within the fireplace was the second fatality on the refinery this 12 months and comes amid a collection of fires at U.S. refineries and petrochemical vegetation since January.

Scott Higgins, a 55-year-old machinist, was killed and two contract staff, together with Eduardo Olivo, had been injured in a hearth at Marathon’s big Galveston Bay Refinery on Monday morning.

Olivo and the third employee, who has not been recognized, had been staff of Mistras Group (NYSE:) Inc, which offers help to refiners. Olivo obtained second- and third-degree burns, his lawyer, Muhammad Aziz, stated at a information convention this week.

An investigation is underway, Marathon spokesperson Jamal Kheiry stated, declining to supply additional info.

Along with an inner probe by Marathon, the U.S. Occupational Security and Well being Administration started an investigation this week together with state and federal environmental companies.

The three had been performing preventative upkeep on the plant’s Ultraformer-3, which converts naphtha produced in oil refining to reformate, an octane booster for gasoline.

The unit is the bigger of two Ultraformers on the 593,000 barrel-per-day (bpd) Galveston Bay Refinery, the second-largest in the USA. The repairs had been supposed to maintain the unit in operation till a deliberate overhaul subsequent January, in accordance with individuals accustomed to the matter.

“We shall be suing Marathon and the opposite entities” for gross negligence over Higgins loss of life, Houston lawyer Tony Buzbee stated on Wednesday. “Marathon put its income over employee security,” he added.

Olivo was burned and “intends to convey negligence, premises legal responsibility and/or gross negligence” claims over his accidents, legislation agency Abraham, Watkins, Nichols, Agosto, Aziz & Stogner stated in a court docket submitting.

Higgins was the second employee to die on the Marathon refinery this 12 months. A contractor was electrocuted on Feb. 28.

On March 23, 2005, when the refinery was owned by BP (NYSE:) Plc, 15 contract employees had been killed and 180 different individuals had been injured in a explosion attributable to an overflowing refinery unit.