A survivor of a deadly explosion and fire at a southeastern New Mexico oil refinery has filed a lawsuit, saying the cause was a welding accident and that the plant operator failed to follow safety procedures.

Juan Carlos Hermosillo remains hospitalized Thursday with injuries from Tuesday's explosion at Navajo Refinery.

The 24-year-old says the welding accident happened at a large tank partially filled with tar. He is seeking unspecified damages to be determined after a jury trial.

Navajo Refinery and its parent company, Dallas-based Holly Corporation, didn't immediately return telephone messages seeking comment.

The 24-hour Artesia plant refines oil into diesel, gasoline, jet fuel, and other products, including asphalt.