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!