Texas is home to several enormous industries and a sizable economy. In those businesses, workers frequently bear the brunt of accidents. The construction, agricultural, and oil sectors are just a few of the industries that propel Texas' economic expansion. These injuries are the largest and the most likely to sustain an injured worker.

If an employee is injured during an industrial accident in Houston, they can be eligible for workers' compensation benefits or financial compensation from a personal injury lawsuit. The Houston industrial accident lawyers at the De La Garza Law Group can help review your options for the best outcome after an industrial accident.

What is an Industrial Accident?

Even while your first association with industrial accidents might be factory, mine, or construction employees, the truth is that they can affect people in any profession. In actuality, there are over 337 million workplace accidents each year, as reported by the International Labour Organization.

An industrial accident is a serious occurrence that typically involves harmful substances or materials. It can have dire effects on the local community and environment. The accident may manifest as a fire, an explosion, or the release of radioactive or hazardous substances, depending on the type of products involved. 

Any accident that occurs at work and leaves a victim injured is referred to as an industrial accident. Industrial accidents are frequently preventable, but both management and employees must be aware of the proper safety procedures.

When an industrial accident occurs, it may have serious and frequently long-term repercussions. Tragically, most of these incidents could have been prevented or avoided.

How can an Industrial Accident Lawyer Help?

It is your job to establish who was legally at fault for the accident and the entire extent of the losses and injuries you have suffered and will continue to suffer as a result of the industrial accident to maximize your recovery. In most industrial injury cases, a significant amount of effort, time, and money must be expended before your recovery is maximized. This can be a heavy burden.

Industrial injury attorneys can support both families who have lost loved ones and workers who have suffered severe injuries at work. These attorneys can handle a wide range of claims, including those involving factory accidents, manufacturing accidents, explosion-related injuries, and more. 

Industrial accident lawyers are available to assist clients in recouping damages, including lost wages and past, present, and future medical expenses. We urge you to get in touch with a workplace accident lawyer right away if you or a loved one has been hurt at work. A knowledgeable industrial accident attorney can assess your case, go over your choices with you, and help you decide what to do next.

Industrial Accident Injury Examples

It is challenging to pinpoint the precise causes of industrial accidents due to the large variety of accident types. It is crucial to remember, nevertheless, that 80 out of every 100 workplace accidents are ultimately brought on by poor precautions. Accidents can be caused by human error, environmental changes or concerns, mechanical problems with large machinery, or a combination of these.

Environmental

Environmentally related workplace accidents are those that occur as a result of the surrounding environment. Both natural and artificial environmental elements, such as workplace design, may be present. Accidents caused by the environment frequently involve:

 

• Air pollution can be caused by poor ventilation, which will likely cause breathing problems or long-term organ failure.
• Changing temperatures, which can be overheating creating a hotter than normal work environment, or the opposite (extremely low temperature) putting workers at risk for frostbite or hypothermia.
• Noise pollution is another common environmental risk, especially around heavy machinery. This can cause hearing injury or permanent hearing loss. 
• Poor lighting, which can result in slips, stumbles, and falls from the low visibility.

Anything that causes a shift in environmental factors can cause an industrial accident. Environmental issues can be left unattended for quite some time, which will cause greater injury. For example, the longer ventilation issues are left unaddressed, the greater the change in increased breathing issues.

Mechanical

Machine or equipment failure or breakdown are issues that are referred to as mechanical causes of industrial accidents. These kinds of mishaps may typically be avoided by putting in place suitable maintenance and safety procedures. Industrial accidents through mechanical failure typically occur in the following ways: 

• Machine that has been broken or damaged
• Parts constructed of low-quality metal are readily broken or damaged
• Power outage, whether a complete or partial outage, either can cause catastrophic damage
• A mechanical fire or explosion may be caused by a cooling failure or a minor spark in the equipment
• As a machine ages, the parts experience greater wear and tear, which increases the chance of a mechanical mishap through wear and tear

Machines may be expensive to repair, replace, and maintain. However, the industrial accident that occurs when machine failure happens can be a greater expense to a company. It is important to always have safety protocols in place, as well as a maintenance schedule. 

Human Error

Accidents brought on by human causes are those in which the worker who was injured can be directly blamed for the mishap. The following human factors are frequently involved in industrial accidents:

• Dehydration: To keep your body functioning properly, you need to drink adequate water.
• Fatigue: Injury is more prone to happen when the body is fatigued.
• Incorrect Lifting: Lower back strains and shoulder injuries are frequent among workers who employ inefficient lifting methods.
• Overexertion: The most frequent kind of job injury is overexertion.
• Poor housekeeping: Slips, trips, and falls can occur in an unclean workspace.
• Stress: People who are stressed out at work are frequently more distracted and in danger of injury
• Shortcuts: Everyone strives to complete tasks more quickly. Unfortunately, people who cut corners on the job put themselves and their coworkers at risk of an accident, especially when dangerous chemicals or equipment are involved.
• Inadequate use of space: A poorly maintained area leads to hazards and threats everywhere.
• Ignoring safety procedures: Employers are required to abide by the strict safety regulations set forth by organizations like OSHA and NIOSH. Organizational standards violations carry severe fines and run the risk of causing significant harm or death.

Additionally, a greater injury rate (61% higher) is linked to excessive overtime. Part of this can be attributed to the fact that the labor is inherently dangerous, but when workers work longer shifts, tiredness can be harmful, if not fatal.

Every day, 14 Americans lose their lives in workplace accidents. Additionally, there are 30,000 non-fatal injuries in the industrial sector each year, according to OSHA.

Filing Industrial Accident Injury Claims

Most private firms are not required to have workers' compensation in Texas. However, private businesses that cooperate with governmental organizations are required to offer workers' compensation insurance to the staff members involved in the project. Some contractors could demand workers' compensation coverage from their independent contractors and subcontractors.

Due to the lax workers’ compensation requirement in Texas vs. other states, a worker can file a claim against the employer. If an employer has workers’ compensation insurance, the employee must file a claim under the insurance. However, if the company does not hold workers’ comp insurance, then the employee can file a personal injury claim through the court system. 

Workers’ Compensation Claim

For employees who are hurt on the job, workers' compensation pays for benefits, including medical care. They might get part of their lost income back, as well. It provides some burial fees and benefits to the employee's family in the event that an employee passes away as a result of a work-related illness or injury.

Along with having to notify their employer of a work-related injury or illness within 30 days, employees also have a legal obligation to file a claim with the Texas Department of Insurance's Division of Workers' Compensation. The employee must make this claim within a year of the incident or within a year of learning that the illness or injury was related to their job.

After making a call to the Texas Department of Insurance, the division will mail you a packet with the necessary forms and instructions for filling out the paperwork. You will have satisfied the need to file a claim for Texas Workers' Compensation benefits once you have finished the DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, and mailed it to the correct address.

Personal Injury Lawsuit

Most states forbid employees from suing their employers for accidents they suffer while working. Employees who are injured at work typically have no other legal options besides workers' compensation.

However, Texas' distinctive workers' compensation statute increases the likelihood that employers will be held accountable for accidents that occur on the job. If you were wounded while working, a Houston industrial accident attorney can investigate all of your legal possibilities.

A likely option will be to file a personal injury lawsuit against the employer or the at-fault party. The liable party can be an employer, manufacturer, or sometimes a government entity or organization. Once the proper party is established, the injured party has two years from the accident to bring a suit in court. 

The basis for filing the complaint will typically be negligence on behalf of the defendant. The plaintiff has the burden of establishing negligence and showing that the defendant was the cause of the injury. 

Benefits in Industrial Accident Injury Cases

Workers' compensation insurance must offer certain benefits when submitting a claim. After reviewing your claim, the insurance provider will either make an acknowledgment of liability or flat-out reject it. Another name for this is a "notice of contest." Lack of accident-related information and the insurance company's perception that the accident wasn't work-related are frequent justifications for denial.

According to the Texas Labor Code, employees are entitled to four main kinds of benefits through workers’ comp insurance:

• Income payments (sometimes known as "wage loss benefits") are a set percentage of the average weekly wages lost due to a temporary or permanent disability
• Medical coverage to pay for your work-related illness or injury's reasonable and required medical care
• Benefits for vocational rehabilitation to assist wounded workers in locating alternative jobs if they are unable to return to their prior position
• Wrongful Death benefit for legal beneficiaries: they may receive death benefits equal to 75% of the individual's typical weekly salary as well as up to $10,000 in burial costs

These benefits are a right for every employee who qualifies for workers’ compensation. However, the insurance company will try to give the bare minimum and not inform the worker of all their coverage rights. 

Damages in Industrial Accident Injury Cases

The damages awarded in an industrial accident lawsuit are the same as damages awarded in all personal injury lawsuits. They can include both economic and non-economic damages. 

Economic damages are tangible losses like lost wages, medical bills, pharmaceutical costs, rehabilitation expenses, and any costs associated with the injury that can be proven through a bill or receipt. 

Non-economic damages are harder to prove and are typically categorized as pain and suffering. This can cover lost consortium, economic losses from being out of work, mental anguish, loss of enjoyment, and any other emotional suffering. 

A personal injury lawsuit will likely have a higher payout than workers’ compensation benefits. Though, it can take a longer time to receive the money from a lawsuit. Most personal injury lawsuits are settled outside of the court with the help of an attorney. 

Hiring an Industrial Accident Law Firm

Texas is one of the most industrial states in the union, and unfortunately, they have a higher rate of industrial accidents. In the event of an industrial accident, the injured party has options for recovery.

De La Garza Law Group's industrial accident attorneys aggressively pursue compensation on behalf of the injured worker. You may be entitled to compensation if you or a loved one suffered an injury at work. After a workplace injury, it's critical to move immediately to get compensation.

Contact us today by completing our online form or calling our Houston office.