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South Texas

5 Things You Need to Know About Industrial Accident Lawsuits

Industrial workers are at risk for several types of workplace accidents that could result in a lawsuit. In the event you need to consider a lawsuit for your injuries, we have listed five things you need to know about industrial accidents lawsuits. Our knowledgeable personal injury attorneys could help you with any legal recourse you intend to take.

Types of Industrial Accidents

Many industrial accidents are a result of falling from a tall object, such as a crane, forklift, scaffolding, or ladder. Explosions and exposure to chemicals can cause severe burns for industrial workers. Slip and fall accidents from loose equipment, fallen wires, or spills are also common, and accidental amputations from large machinery are possible.

How to Prevent Accidents

Regular maintenance, safety checks, training, and protective equipment are the best ways to prevent accidents. Before employees use machinery and other heavy equipment, the employer should check to ensure it works properly and is safe to use. A machine that is not working properly should be inspected and fixed by maintenance before returning to regular use. Workplaces should require employee training before using equipment in an industrial setting, and everyone in that environment should wear protective equipment such as goggles and gloves if they approach the machinery.

Workers’ Compensation

You may be eligible for workers’ compensation if you have suffered an industrial accident. Workers’ compensation can provide financial benefits to someone injured in the workplace, such as payment for medical bills or physical therapy. Most states provide these benefits regardless of whose fault the injury was. Therefore, even if you are partially responsible for the accident, you may still be eligible to receive workers’ compensation. However, Texas is the only state that does not require certain employers to provide worker’ comp, so you should consult with an attorney to determine if you need to file a third-party liability case.

Third-Party Liability

Sometimes, workers can bypass workers’ compensation (or are forced to, if their employer is a non-subscriber) and instead sue a person or entity directly. The first of these potential situations is product liability, when the product manufacturer is sued for creating or selling a defective product that causes injury. Another case is premises liability when the maintenance company is sued for failing to address dangerous working conditions. You may also be able to sue a contractor who operates a vehicle or machinery in a negligent manner that leads to injury.

What to Do if You Are the Victim of an Industrial Accident

If you are the victim of an industrial work accident, it is essential to report the incident to your employer and see a doctor to get any necessary medical attention. If you choose to pursue a lawsuit against a third party at fault for the accident, the attorneys at the Gutierrez Law Firm will fight for the result you deserve. You might not have a workers’ compensation case, but you might have a third-party liability case; call us to schedule your free consultation today.