Many Texans are employed in dangerous types of work. They may work in manufacturing plants or power plants, for example. There are a variety of accidents that occur in industrial settings every year, causing Texas workers to suffer serious injuries or even death. In many cases, these injured employees are able to recover damages for their medical bills and other expenses.
Workers’ Compensation or a Civil Lawsuit?
Texas employers are not required to carry workers’ compensation coverage for their employees. Workers’ compensation provides benefits for employees who are injured in the course of employment. Though there are some exceptions, even if the employee is at fault for his or her injuries, it is possible to obtain benefits.
However, workers’ compensation insurance may not provide coverage if the employer is not responsible for the employee’s injuries. For example, sometimes third parties are negligent and cause employees harm.
Additionally, if the employer does not have workers’ compensation coverage, there will be no workers’ compensation benefits.
In these situations, it is necessary to file a civil lawsuit against the employer or third party to recover the cost of medical expenses, lost wages, and other financial losses for an industrial accident claim.
Causes of Industrial Accidents
Industrial accidents may occur due to a number of reasons, but some common reasons include:
Machinery Accidents
Body parts may be caught or crushed by heavy machinery, especially if certain safety precautions have not been taken by the employer or other employees. Machines should undergo regular checks and maintenance to ensure they are safe for employees to use.
Transportation Accidents
Many industries implement the use of forklifts, tractors, cranes, and other types of vehicles. If used improperly, workers may be run over in accidents, or they may be injured if these vehicles tip over. Proper training and maintenance are essential for these types of vehicles.
Repetitive Movements
Many employees who work in factories and other types of plants must do the same movements every single day for hours on end. Over time, these repetitive movements may cause injuries, such as strains.
Explosions
Due to the volatile nature of many materials used in plants, factories, and other places of employment, explosions may occur, leading to devastating consequences. An improper combination of chemicals, a spark, or a number of other incidents may lead to an explosion.
Slips and Falls
Slipping and falling in locations such as power plants and factories may quickly cause fatalities. The failure to clean spills, a lack of safety measures, and other types of negligence may lead to slips and falls.
Of course, a number of other accidents may occur in industrial settings.
Damages in Industrial Accident and Explosion Claims
Although the amount of compensation available in an industrial accident or explosion claim varies depending on whether it proceeds through the workers’ compensation system or the civil claims system, there are similar damages available in either route. These include:
- Medical expenses, including the cost of future medical care (such as surgeries or physical therapy)
- Lost wages due to time taken off of work to recover
- Disability benefits
- The expenses associated with installing wheelchair ramps, hand rails, or other accommodations in a home
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral and burial expenses
- The estimated value of a deceased’s employee’s future earnings
Your attorney will carefully examine your documents to ensure all damages are being sought in your claim so that you obtain the compensation you need to move forward with your life.
Evidence Considered in Industrial Accident and Explosion Claims
Though no two on-the-job injury claims are the same, there are several types of evidence that are commonly used in these cases. This includes:
- Medical records
- Medical bills
- Photographs
- Video surveillance footage
- Training manuals
- Employment records
- Instruction manuals
- Internal company documents
- Eyewitness statements
Other types of evidence may also be included in your case.
At Brooker Law, PLLC, Our Dallas, Texas Attorneys Fight for Our Clients
The on-the-job injury attorneys at Brooker Law, PLLC take each and every case seriously and work hard to ensure clients obtain the money they deserve. To schedule a free consultation with our legal team, contact or call (214) 217-0277 today.