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Industrial Accidents Lawyer

A worker in safety gear standing near industrial machinery, with caution signs and a factory backdrop, symbolizing the dangers of industrial environments

Sometimes, the most dangerous thing any of us can do is go to work. The US Bureau of Labor Statistics reports that there were over 2.5 million nonfatal injuries and illnesses in private industries in 2023, and over 5,000 lost their lives on the job. 

Industrial environments, from factories and warehouses to oil refineries and chemical plants, pose serious risks that can result in catastrophic injuries that lead to long-term disabilities. Whether your injury was caused by defective machinery, safety violations, or another person’s negligence, do not be quick to accept that workers’ compensation is the only thing you are entitled to.

The industrial accidents lawyers at Fielding Law are ready to hear your story and apply their years of experience in winning cases to pursue maximum compensation for your accident. Get in touch by calling (877) 880-4090 or completing our online contact form, and we will call you back.

What Is an Industrial Accident?

An industrial accident is any workplace incident that happens in an industrial setting and results in injury, illness, or death. These typically include manufacturing and processing environments that are full of hazardous materials, chemicals, heavy machinery, and complex systems.

Common types of industrial accidents include:

  • Manufacturing sector: Heavy equipment, high-speed machinery, and industrial chemicals create hazards that can lead to serious injuries
  • Oil industry: Rigs are hazardous places, and if safety protocols are not followed, workers may sustain catastrophic injuries
  • Warehousing: Vehicular accidents, falling goods, slip-and-fall accidents, and falls from heights are all possible in busy warehouses

All industries are required to follow Occupational Safety and Health Administration (OSHA) standards. Yet, when the pressure is on, workers may be tempted to shortcut safety protocols, leading to serious accidents. Also, a lack of training may result in unsafe practices that put the health and lives of others at risk.

Common injuries in industrial accidents

Industrial accidents have the potential to cause very significant injuries. Unlike accidents that take place in other settings, victims are at greater risk of coming into contact with or inhaling dangerous substances and heavy machinery.

Some common injuries that can be life-changing include:

If it seems your life will never be the same again after a workplace accident, you don’t have to accept it and move on with whatever your employer offers you. Instead, seek qualified legal advice from a Fielding Law industrial accident lawyer who will listen with compassion and explain every possible route to financial recovery available to you.

Workers’ Compensation in Industrial Accidents

In many cases, industrial accident victims must seek compensation through workers’ compensation insurance. Although this coverage is compulsory for employers in many states, it’s not required for most employers in Texas. 

A workers’ compensation claim does not require proof that an employer was at fault. 

Medical benefits

Workers’ compensation provides medical benefits for injuries and illnesses that were caused by your work. There is no specific time limit for treatment; the only requirement is that the treatment is reasonable and necessary. The goal is to help you recover and get back to work, if possible.

Income benefits

If you cannot work – whether temporarily or permanently – after your industrial accident, workers’ compensation income benefits can replace a percentage of your wages. For example, if you receive temporary income benefits (TIBs), you will receive 70 percent of the difference between what you earn now and your average weekly wage before your accident.

Death benefits

If your family member passed away as a result of an industrial accident, you may be entitled to burial and death benefits, which replace some of the income you lost when your loved one died.

While workers’ compensation insurance payouts are very welcome after an industrial accident, they are limited in comparison with the damages awarded in regular personal injury claims. For example, you cannot claim compensation for pain and suffering or emotional distress. Neither can you fully recover the wages you lost as a result of your accident. 

Workers’ compensation insurance prevents you from suing your employer or coworkers if their negligence caused your industrial accident. However, this does not necessarily mean that you have no more options for pursuing compensation.

Liability in Industrial Accidents

Not all industrial accidents are caused by the negligence of an employer or a coworker. If this is the case in your industrial accident, there may be a third party you can pursue for compensation. If so, you could sue them for the damages that you cannot obtain through a workers’ compensation claim.

Some scenarios that could give rise to third-party claims include:

  • Vehicle accidents: If a third party making deliveries hits you with their vehicle, you may be able to file a lawsuit against the driver or his or her employer.
  • Defective equipment: If a machine malfunctions due to a faulty part or an error on the part of the maintenance company, you may be able to find a third party you can sue for compensation. 
  • Property owner liability: If the property is owned by a third party who is responsible for maintaining it and keeping it clean, you could have a basis for a lawsuit if your injuries were caused by his or her negligence.

However, there is one word of warning – you cannot get paid twice for the same injury. So, if you are successful in securing compensation via a third-party lawsuit, expect the workers’ compensation insurance company to try to recoup some or all of your workers’ compensation insurance payments. This process is known as subrogation.

When a Fielding Law industrial accident attorney meets with you, he or she will ask many questions to explore every possible source of compensation. This can give you confidence that you are in safe hands, knowing that your attorney is looking out for your best interests and will leave no stone unturned in pursuit of the compensation you need to rebuild your life.

Get Experienced Legal Assistance From Fielding Law Today

Industrial accidents are complex, and they bring a range of conflicting emotions as they involve the people you work with day in and day out. At this critical time in your life, do not leave your future to chance. This is the time to talk to an experienced Fielding Law industrial accident attorney to understand all the legal options open to you.

At your initial free consultation, expect to meet a compassionate attorney who is eager to get into the details of your case. Only when your attorney has fully understood your situation can he or she explain all the possible ways you could receive compensation. 

We have won over $141 million for our clients – are you ready to discover what your case could be worth? Schedule your free consultation today by calling (877) 880-4090 or contacting us online, and you will be talking to one of our lawyers very soon.