Across all career paths, industrial jobs are some of the most dangerous in the country. The environment of an industrial facility exposes workers to multiple safety risks. Even with the increase in safety precautions and regulations over the years, working with heavy machinery, chemicals, and toxic fumes will always be hazardous.
Unfortunately, accidents that occur at these work sites tend to have uniquely severe consequences. For example, using equipment such as forklifts, scaffolding, and cranes puts workers at a constant risk of being crushed, struck, pinned, or caught between heavy machinery. Thankfully, if you work in an industrial location and were hurt by a third party, you might be able to circumvent the confusing worker’s compensation system and pursue monetary damages through a civil claim.
Anyone with questions about their rights following an accident on an industrial site should speak with a dedicated workplace injury attorney from Kirk Law Firm, PLLC. Representation from our Houston industrial accident lawyers could be the key to maximizing compensation without violating state laws.
Establishing Fault for Industrial Injuries
Unlike workers’ comp claims, which do not require an injured employee to prove that anyone else is responsible for their wounds, third-party lawsuits after an industrial accident revolve around establishing negligence. In short, determining liability for these kinds of injuries requires an injured plaintiff to demonstrate that someone other than their employer, like a contractor, a visitor to the site, or the manufacturer of a defective product breached a duty of care and caused them harm.
Even for people who happen to have prior experience with civil litigation, proving this negligence can be complicated for a number of reasons. First and foremost, determining who is actually to blame for the industrial injuries in question can require a great deal of documentary, testimonial, and video evidence. This data can sometimes be challenging to acquire and implement.
However, demonstrating that another person did something irresponsible on a worksite is not enough to establish civil liability. Instead, there must also be a causal link between their actions and the specific injuries obtained by the plaintiff. Finally, as one of our knowledgeable Houston attorneys could explain, the injured worker must prove they were not primarily at fault for causing the industrial accident in question.
Industrial Accident Damages and the Statute of Limitations
After an industrial accident, a successful civil claim could often result in more monetary damages than the worker’s compensation system would reward. In addition to repayment for the entirety of a plaintiff’s medical expenses and lost wages, financial compensation could also include reimbursement for:
- Reduced future earning capacity
- Lessened quality of daily life
- Physical pain
- Psychological or emotional trauma
- Loss of companionship or consortium
It is important for an industrial accident plaintiff to recognize that their claims are subject to the same two-year filing deadline that Texas Civil Practice & Remedies Code §16.003 establishes for all other personal injury cases. Therefore, it is best to begin working on an industrial accident case early and with the assistance of a skilled Houston lawyer.
Discuss your Legal Options with a Houston Industrial Accident Attorney
Industrial accidents cause substantial and often irreversible harm to hundreds of workers every year, and many of these accidents are caused by another person’s negligence. To make matters worse, recovering fair compensation through a lawsuit is far from a simple process, even if it might seem straightforward at first.
Therefore, retaining one of our Houston industrial accident lawyers could be the solution you need to seek justice. To get started on assembling your civil claim for financial compensation, reach out to our office today for a free consultation.