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Frequently Asked Questions: Industrial Injury Claims

I fell at a high-rise construction site. Is my employer at fault?

While falls are one of the most common types of accidents, they are also one of the easiest to occur. If you have recently been victimized in a fall on a construction site and it could have been avoided through more care and caution on behalf of your employer, then you could have grounds to file a claim to recover a fair compensation.

I work around hazardous chemicals at a petroleum plant and developed serious health problems. Is my employer to blame?

There are currently federal regulations in place that are supposed to limit the amount of exposure that workers have to hazardous chemicals. If your employer was negligent in protecting you, then you could have grounds to file a claim.

Are accidents and injuries more common in some industries than others?

While there is no industry that is completely safe from injuries, there are some that are inherently more dangerous than others. These include working on feedlots, working in construction, and even fish processing. This does not mean that employers are less responsible for injuries as they have the same duty to their workers to make the workplace safe.

I was injured in a work-related accident, but felt pressure not to report it or make an issue of it. What should I do now?

You are not alone! Workers often experience pressure from their employers to keep from filing a claim—usually out of fear that they will lose their jobs. Don't let this deter you. Get the help that you deserve from a knowledgeable lawyer.

What is workers' compensation?

For employees who have suffered injury or illness on the job, there is something available known as workers' compensation. This is no-fault, meaning that employees can recover compensation that will cover all associated damage from the accident, regardless of who caused the incident.

Are certain types of workplaces high-risk for fatal accidents?

In the state of Texas, the industry that is the most likely to suffer from serious and fatal workplace accidents are for commercial drivers—causing a staggering 44% of fatal accidents on the workplace in 2008.

My loved one was killed in a workplace industrial accident. Can our family still seek compensation from his or her employer?

Nothing can compensate the loss of a family member in an industrial accident; however, surviving family members can collect benefits for deceased workers who are killed in on-the-job accidents. These death benefits are paid out under workers' compensation laws. In order to receive these benefits, the eligible spouse and/or minor children of the deceased employee must follow specific steps including making their claim for benefits within the deadlines provided. During such a difficult time, grieving families may prefer turning to an attorney to make sure their rights are preserved while they struggle to cope with their loss.

My property was destroyed by an industrial accident and now the responsible company is offering us money. Should I accept the offer?

When large scale industrial accidents occur, people beyond the walls of the plant or factory are often harmed as well. In such instances, the company responsible for the accident may seek to minimize their financial losses by making low settlement offers to families in need of immediate financial restitution. Unfortunately, once an offer like this is accepted, families may lose their ability to seek restitution down the road, once they realize the true extent of the losses they have incurred. Large companies know this and may take advantage of your initial distress to encourage you to settle for less than you are owed. For this reason, our attorneys recommend consulting with an experienced industrial accident lawyer prior to accepting any settlement offer. Our team can help you determine whether a settlement is in your best interest or whether you should explore a different path toward just compensation.

If you have more questions that you would like to be answered, it is in your best interests to get the involvement of a knowledgeable industrial injury lawyer that you can fully trust. Contact us today for experienced legal help!

Client's portion of total recovery may be subject to Medicare/Medicaid reimbursement claims, Medicare/Medicaid liens or other third-party claims or liens. These verdicts and settlements are intended to be representative of cases handled by Arnold & Itkin, LLP. These listings are not a guarantee or prediction of the outcome of any other claims.

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