Industrial Accident Lawyer in Texas

A Top Choice for Your Industrial Accident Case

An industrial accident can occur across a wide array of manufacturing, production, and processing facilities. These accidents often occur in factories, warehouses, construction sites, and chemical plants. Knowing the risks specific to your industry is key to understanding your legal rights. At Perkins & Perkins, we bring years of experience to the table to help you secure the justice and compensation you deserve.

Industrial Accident Lawyers in Texas

Industrial workplaces are dangerous. Oil and gas extraction, construction, and manufacturing lead the pack in workplace incidents. Common accidents include machinery malfunctions, slip and falls, and exposure to harmful substances.

State and Federal regulations, like OSHA (Occupational Safety and Health Administration) guidelines, must be followed in order for companies to operate. If an industrial accident occurs, employers must report the incident to OSHA within a certain timeframe, and an investigation may ensue. If it is determined that an employer did something wrong, OSHA can issue fines, stop work, and even recommend criminal prosecution.

Due to the dangers in industrial workplaces, employers must take OSHA regulations seriously and prioritize workplace safety. Employers are encouraged to proactively address safety concerns, implement safety programs, and provide adequate training to ensure a safe work environment. In the event of an industrial accident, our legal team conducts an in-depth investigation to determine whether compliance with these regulations were met or not.

Free Consultation With Perkins & Perkins

When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.

Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in reclaiming your life.

Understanding Industrial Accidents

Industrial accidents are unexpected events that can happen in various settings, such as factories, construction sites, and warehouses. Understanding the types of industrial accidents and their common causes can help workers and employers create safer work environments.

Common Types of Industrial Accidents in Texas

Machinery Accidents: These involve equipment and machinery operating within industrial settings. Common incidents include entanglement in moving parts, being struck by moving or falling machinery, and machinery malfunctions causing explosions or fires.
Exposure to Hazardous Substances: Workers can be exposed to various hazardous chemicals and materials, leading to acute or chronic health issues. Exposure types include inhalation of toxic fumes, skin contact with corrosive materials, and accidental ingestion of hazardous substances.
Falls: Falls are among the most common industrial accidents, occurring due to slips, trips, or falls. These accidents can happen because of slippery surfaces, inadequate fall protection, and unsafe scaffolding or ladders.

Frequent Causes of Industrial Accidents

Inadequate Safety Measures: A significant number of industrial accidents can be traced back to insufficient safety protocols. This includes poor training, lack of personal protective equipment, and failure to adhere to safety regulations.
Mechanical Failures: Equipment and machinery can fail due to poor maintenance, aging infrastructure, or defective parts. Regular inspections and maintenance are crucial to prevent such incidents.
Human Error: Mistakes made by workers, often due to fatigue, lack of training, or misjudgment, and can lead to severe accidents. Enhancing training programs and mandating proper work-rest cycles can help reduce these errors.

Your Legal Rights After an Industrial Accident in Texas

When you are injured in an industrial accident, it is crucial to understand your legal rights and the avenues available for seeking compensation. In Texas, victims of industrial accidents typically have two primary paths for recovery: worker’s compensation and personal injury claims. Each route offers different benefits and requires a distinct approach to secure the compensation you deserve.

Worker’s Compensation

Most employees are covered under their employer’s worker’s compensation insurance, which is designed to provide benefits regardless of fault. This means that you can receive compensation for an industrial accident even if no one was at fault or if the fault was partially yours. Worker’s compensation typically covers medical expenses, a portion of your lost wages, and rehabilitation costs. However, it does not allow for damages due to pain and suffering and usually prevents you from suing your employer directly.

Personal Injury Claims

Unlike worker’s compensation, a personal injury claim is based on fault. You can file this claim against responsible parties other than your employer, such as equipment manufacturers, contractors, or third-party vendors. This route can lead to a broader range of compensations, including full recovery of lost wages, future earning capacity, medical expenses related to the accident, and non-economic damages like pain and suffering. Proving negligence or fault is essential in a personal injury claim, which makes having skilled legal representation crucial.

What Damages Can I Claim?

Medical Costs:

This includes all past, present, and future medical expenses related to the injury caused by the defective product. It covers hospital bills, surgical costs, medication, rehabilitation, and any other future necessary medical treatments.

Lost Wages:

If your injury has caused you to miss work, you can claim compensation for the income you have lost during your recovery period. This also includes any future lost earning capacity if your injury prevents you from returning to work or from performing the same job functions.

Pain and Suffering:

Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injury. This is more subjective than other types of damages and can include anxiety, depression, and loss of enjoyment of life.

Disfigurement:

Disfigurement damages compensate you for permanent visible physical injuries such as scarring from cuts or burns. These damages are intended to provide financial relief for the psychological distress and altered quality of life caused by the disfigurement.

Punitive Damages:

In cases where the manufacturer’s conduct was particularly egregious or reckless, you might be entitled to punitive damages. These are intended to punish the defendant and deter similar behavior in the future.

Understanding what compensation you might be entitled to can be complex, which is why it is vital to have knowledgeable legal professionals like Perkins & Perkins by your side. We are dedicated to ensuring you secure the maximum compensation possible for your injuries and losses, and that those responsible are held account. You and your loved ones do not need to go through this process alone.

Common Industrial Accident Questions

1. I just started working, is there an amount of time I have to be employed before I can make a claim?

There is not. If you have been injured, you are entitled to make a claim for your injuries and damages, regardless of time. If you or a loved one was injured in an industrial accident, call Perkins & Perkins for a free no obligation consultation about your case.

2. How long do I have to file a claim?

In Texas, typically you have up until two years from the time of the incident to file a claim. If you need help determining how much time you to file a case call Perkins & Perkins, today.

3. If my company provides workman’s compensation, can I still file a lawsuit?

It is possible. Normally, the exclusive remedy rule prevented an employee for suing their employer if they provide workman’s compensation. However, if someone passed away due to gross negligence, or if the injury was substantially certain to occur, you may still sue your employer. If you have questions about whether you can sue your employer, call the Perkins and Perkins Law firm to discuss your options.

4. If my injuries were caused by someone with another company working at the industrial job site, who is at fault?

Under the doctrine of respondeat superior, you are able to hold the employer directly liable for the actions of its employees. In this case, the other individual and the company he works for would both be at fault for your injuries and damages. If you need help identifying which parties can be held at fault for your injuries, Perkins and Perkins can help. Call us for a free consultation.

5. What does “course and scope” mean?

If someone injures you while performing their job duties during work hours, then their employer will likely also be held liable for those actions. At Perkins & Perkins, our firm always investigates with great detail to determine if the negligent party was acting within the course and scope of their employment when you were injured. The key aspects of “course and scope”” are as follows:

- Course of Employment:This encompasses the period during which an employee is performing work duties, including the time, place, and circumstances under which the work is done. Essentially, it includes any activities that an employee undertakes as part of their job responsibilities.
- Scope of Employment:This refers to the actual tasks and actions an employee is authorized to perform as part of their job. It includes any actions that are reasonably related to the work an employee is hired to do, even if those actions are not explicitly detailed in the job description.