The Bureau of Labor Statistics reports there were 2.8 nonfatal workplace injuries and accidents in 2022, up 7.5% from 2021 [1]. Many of the most serious injuries occur in industrial sectors due to the heavy machinery and fast-paced workplace environments.
An industrial accident injury can have devastating consequences for a worker and their family, and Rosenfeld Injury Lawyers is here to ensure industrial workers receive the maximum compensation possible for their accident.
Understanding Industrial Accidents
An industrial accident is a workplace accident that results in significant harm, injury, or death to a worker, visitor, or the public during industrial production. Depending on the activities therein, industrial accidents may occur at manufacturing plants, warehouses, construction sites, or even office buildings.
Types of Industrial Accidents
Injuries sustained during industrial accidents are often more severe than the typical workplace injury due to the inherent risks of industrial jobs, including large machinery, dangerous chemicals, and high falls. Common industrial accidents include the following.
Slip and Falls
18% of nonfatal injuries suffered in the workplace during 2020 resulted from slips, trips, and falls [2]. This may result in small injuries, such as bruises from slipping on a wet surface, or a fall may cause broken bones.
Catastrophic injuries from slips and trips can include spinal cord injury and traumatic brain injury, which may result in permanent disability.
Industrial Accident Death
The Occupational Safety and Health Administration (OSHA) has identified four types of accidents likely to result in fatal injuries. These “Fatal Four” are falls, struck-by, electrocutions, and caught in/between.
36% of all workplace fatalities are due to falls, particularly falls from a great height [3]. In 2020, The Bureau of Labor Statistics noted that 22% of all workplace deaths involved being struck by a motor vehicle, including forklifts, skid steers, and box trucks [4].
Between 2011 and 2021, there were 1,201 workplace fatalities related to electrocution, with 31% of all deaths being workers in electrical occupations [5].
Approximately 2% of all workplace fatalities are due to workers being caught, crushed, or compressed between two or more objects or between parts of an object [6]. This can include being caught in machinery, being pinned against a surface by a machine, or getting caught in a trench.
Toxic Exposure
Hazardous substances at a job site can easily result in serious injuries during industrial accidents, such as severe burns or respiratory distress.
Whether the chemical is splashed on the skin or accidentally inhaled, long-term damage can occur from exposure to even a small amount of certain chemicals prevalent in manufacturing plants and the construction industry.
Formaldehyde, which is found in high concentrations in wood products, is a dangerous carcinogen that can cause serious adverse health effects [7]. Small concentrations can lead to irritation of the mucous membranes, while severe exposure can lead to death from swelling in the throat or chemical burns in the lungs [8].
Common Causes of Industrial Accidents
Industrial accidents can occur due to several different causes. An industrial accident lawyer from our law firm will carefully investigate the incident’s circumstances, using accident reports to identify who may be responsible. Common causes include the following.
- Human Error – Human error accounts for 80 to 90% of industrial accidents [9]. This can include fatigue, lifting heavy equipment by oneself, getting distracted, or rushing to complete work.
- Failure to Abide by Safety Standards – Safety regulations are imposed to prevent serious injury or death to workers, but some workers or managers may believe they hinder progress. The Safety Triangle, first proposed by William Herbert Heinrich, estimates that for every 300 instances of unsafe work practices, there will be 29 minor injuries and 1 catastrophic injury or death [10].
- Lack of Hazard Communication – Everyone present on a work site should be aware of any potential dangers, such as exposed wiring, unstable ground, or malfunctioning equipment. A serious industrial accident may occur when these risks are not adequately communicated to others.
- Inadequate Training – Industrial accidents may result from an untrained worker being expected to handle dangerous equipment with little knowledge to complete work faster.
- Defective Equipment – Injuries caused by malfunctioning machines can be especially severe because of the size and weight of the equipment. Defective parts may fall, or the machine may fail to shut down in time to prevent major harm. Inadequate safety guards can also catch fingers or limbs, leading to amputations.
- Hazardous Chemicals – Caustic, corrosive, and flammable materials are used in many industries, including construction, oil refining, and manufacturing. When handled improperly, they may cause slips and trips, or they may combust, leading to widespread fires. Inhaling these substances can also cause serious internal injuries.
- Fires and Explosions – Hot equipment, open flames, and uncontrollable chemical reactions can all result in fires or explosions, leading to serious injuries for workers or local residents.
- Premises Liability – Plant or property owners are responsible for ensuring a workplace is safe for employees, contractors, visitors, and the general public. A serious industrial accident can occur if they fail to properly communicate dangers, cordon off dangerous areas, or check equipment before workers use it.
Liability in an Industrial Accident Claim
An industrial accident lawyer from our firm can seek compensation from a number of liable parties, including other workers, contractors, companies, property owners, and manufacturers, depending on the circumstances surrounding the industrial accident injury.
When it comes to industrial accidents, we can pursue two avenues: workers’ compensation benefits and a personal injury claim. These differ in the types of damages that can be awarded and who is eligible.
Workers’ Compensation Benefits
A workers’ compensation claim is reserved for workers of companies who must provide insurance for workplace accidents. It is generally a no-fault system that covers medical expenses and a portion of lost wages.
The workers’ compensation claims process can be difficult, as there are different deadlines and stipulations. An attorney from our firm will guide you through the process and ensure your rights are always protected.
Personal Injury Claims
This is a third-party claim that requires proving negligence on behalf of one or more parties, such as the company or another worker. Unlike workers’ compensation benefits, any party who was injured in an industrial accident can pursue this type of compensation.
Our team will first pursue compensation from the responsible party’s insurance company, using evidence such as accident scene footage and medical reports to demonstrate their liability. These negotiations can be challenging, so it is important to work with an experienced lawyer.
We will file a personal injury lawsuit if we do not receive a fair settlement from the insurance company. A judge or jury will examine the evidence available and determine whether or not they feel you have a justified claim under the law.
Industrial Injury Compensation You Can Recover
An industrial accident lawyer from our firm will pursue the maximum possible compensation that may apply to your case. This includes economic damages, non-economic damages, and punitive damages.
Economic
Economic damages cover the financial losses resulting from industrial accidents, such as:
- Lost wages
- Medical bills
- Future medical expenses
- Loss of earning potential
- Property damage
- Funeral expenses in the case of fatal injuries
Non-Economic
Non-economic damages are for an industrial accident’s social and emotional impacts and are available for those pursuing a personal injury lawsuit. Workers’ compensation does not award this type of damage.
This class of damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship in the case of wrongful death
- Disability
- Disfigurement
Punitive
Punitive damages are not as common. They are awarded by the court system rather than by an insurance company. They are meant to punish the responsible party for industrial accidents stemming from a cause beyond normal gross negligence, such as if the injured worker was intentionally targeted.
Why You Need Industrial Injury Lawyers
Having an industrial injury lawyer on your side is indispensable to ensuring financial recovery. We will handle all aspects of your personal injury claim, protecting your rights and helping you receive full and fair compensation.
We Calculate Medical Expenses and Other Damages
Workers injured in industrial accidents can often suffer severe injuries, making it difficult to identify how expensive their recovery may be. Our legal team will use our experience to identify the sum of your damages, ensuring that your industrial injury claim considers every aspect of your care.
Our Lawyers Negotiate With Insurance on Your Behalf
Legal assistance is vital when attempting to negotiate with insurance companies. The insurance company doesn’t want you to receive fair compensation, so they will do everything possible to block a fair settlement. This can include claiming the injured worker is to blame, pushing the victim to accept a subpar settlement, or insisting a serious injury is due to an unrelated accident.
An industrial accident attorney from our law firm is well-versed in all the tactics an insurance company will use to block a claim, and we will use all available evidence to push for maximum compensation.
You Will Get Professional Legal Representation in Court
If we cannot settle with the insurance company, we will file a lawsuit and hold the responsible party accountable in a court of law. You will receive top-notch legal representation from a nationally acclaimed law firm, and our industrial accident lawyers will present all facts pertinent to the case.
We have a proven track record of success and have secured millions on behalf of injured workers.
You Have Limited Time to File Industrial Injury Claims
The statute of limitations for industrial accidents depends on your particular jurisdiction, It ranges from 1 year to 5 years for industrial accident cases, though there may be extensions available depending on the particulars of the case.
It’s crucial to seek legal representation from a skilled industrial accident attorney as soon as possible after the accident to ensure our law firm has adequate time to prepare a case should insurance negotiations fail.
Contact Our Industrial Accident Attorneys Today!
Industrial accident injuries can be devastating, completely changing the trajectory of your life. Rosenfeld Injury Lawyers has been helping injured workers recover compensation for decades, ensuring any negligent third party is held accountable for their failures. Our industrial accident lawyers work on a contingency fee basis, ensuring construction workers and others can always afford representation.
To schedule your free consultation with a skilled industrial injury lawyer and learn more about your legal options, call us at (888) 424-5757 or use our online contact form.
Resources: [1] Bureau of Labor Statistics, [2] Centers for Disease Control, [3] EHS Daily Advisor, [4] Centers for Disease Control, [5] Electrical Safety Foundation, [6] US Compliance, [7] University of Michigan, [8] Centers for Disease Control, [9] OSHA Outreach Courses, [10] SafetyCulture