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What to do in Factory Accidents?

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Roxell Richards

What to do in Factory Accidents?

Factory workers are in charge of the manufacturing and building of practically any product you can think of. Unfortunately, due to their exposure to heavy machinery, hazardous and flammable chemicals, harsh temperatures, and other possible hazards, these hardworking individuals have one of the highest rates of industrial injury and mortality.

Environmental Causes of Accidents

The term “environmental causes” refers to workplace accidents that arise as a result of the working environment. Environmental influences, such as workplace design, can be both natural and man-made. Accidents are frequently caused by environmental factors, such as:

  • Insufficient lighting – Slips, stumbles, and falls are frequently caused by poor vision.
  • Temperature in the environment – In a hot workplace, overheating is a possibility. If the workplace is too chilly, frostbite or hypothermia can result.
  • Pollution of the air – If a workplace has insufficient ventilation and/or air pollution, breathing problems can arise.
  • Sound pollution is a serious issue. – A worker’s hearing can be harmed by noise in the job.

Mechanical Causes of Industrial Accidents

Factors that refer to machine or equipment failure or breakdown are mechanical causes of industrial accidents. These types of accidents are generally avoidable with sufficient maintenance and safety procedures in place. The following are some of the most common mechanical causes of accidents:

  • Machine that is broken or damaged – If the parts are constructed of low-quality metal, they can be easily fractured or damaged.
  • Power Outage – A total or partial loss of power can result in significant damage.
  • Explosion or fire – A mechanical fire or explosion can result from a cooling failure or a tiny spark.
  • Reasonable wear and tear – The parts of an older machine will have more wear and tear, increasing the chance of a mechanical mishap.

Human Factors That Cause Accidents

Human-factors accidents are those in which the cause of the incident can be traced back to the worker at fault. The following are some of the most common human factors that contribute to industrial accidents:

  • Housekeeping issues – Slips, stumbles, and falls can occur in an untidy work environment.
  • Fatigue is a symptom of exhaustion. – Injury is more prone to occur when the body is weary.
  • Excessive effort – The most common type of job injury is overexertion.
  • Anxiety – Workers who are worried are more likely to be distracted and injure themselves.
  • Dehydration – It is critical to drink enough water to keep your body functioning correctly.
  • Lifting Techniques – Workers who lift incorrectly frequently suffer from lower back strains and shoulder ailments.

Do I have a claim for my accident injury while on the job?

Understand your legal options including your right to file a workers’ compensation claim, if you have been injured on the job.

Just because you were hurt at work doesn’t ensure you’ll be able to file a claim for personal injury compensation. It’s likely that your boss is to blame. In most circumstances, determining the likely outcome of a claim is rather simple. We’ll see if we can show that your employer was negligent in causing your injury, breached their duty of care, and is thus obligated to compensate you for your injuries and any other damages you may suffer.

Workers’ Compensation Program in Texas

Texas, like most states, requires almost all employers to have workers’ compensation insurance. Workers’ compensation is usually the first line of defense in the event of a workplace injury. The injured party can simply make a claim with his or her employer’s workers’ compensation insurer and receive a cheque to cover medical expenses and lost income in part.

Employees who choose workers’ compensation waive their right to sue their employer for work-related injuries because it is an exclusive solution. There are some exceptions to this rule, such as claims involving:

  • Sexual harassment
  • Termination without reason
  • Discrimination in the workplace

It’s important to note that the “exclusive remedy” rule only applies to filing a lawsuit against the employer. Even if an injured person files for workers’ compensation benefits in Texas, he or she may still sue a third party for damages, such as a coworker, independent contractor, or product maker.

The injured worker’s own negligence in causing the workplace accident has no effect on his or her workers’ compensation claim. The program will give compensation without question as long as the employee’s injury was not self-inflicted, he or she was not drunk at the time, and he or she did not violate a company safety policy.

 Third-Party Liability for Workplace Accidents

A third person is at least partially to blame in certain workplace accidents. Drivers (for example, in a roadside construction accident), product producers, a coworker, or the government are all examples of third parties. You may be facing a product liability lawsuit if your accident included a risky or defective piece of equipment.

If you got chemical burns or got sick from working with a dangerous chemical or product, the company that made it could be held accountable. If your company fails to offer sufficient safety training or protective equipment, you may be held liable. In the majority of workplace accidents, there are many defendants or responsible parties. Workers compensation lawyers at Roxell Richards can assist injured workers in pursuing compensation through all possible methods of recovery.

Employer Liability for Workplace Accidents

An injured worker may be able to hold the employer accountable for injuries outside of workers’ compensation. If the damage was caused by the employer’s negligent, intentional, or wrongful conduct, or if the employer does not have workers’ compensation insurance, this could be the case.

If you believe your work-related injuries were caused by an employer’s negligence, contact a personal injury lawyer right away. You’ll need proof that your employer was negligent and that your injuries were the result of that conduct. A work accident attorney can help you with these difficulties during personal injury compensation negotiations and/or in court.

Whether your injuries are minor or severe, your priority should be healing and recovery — not arguing with the insurance company. Let me handle the negotiations so you can focus on what truly matters.

Remember that workers’ compensation and third-party claims exist to assist workers in meeting their financial obligations following an accident on the job Even if your injury was caused by something as minor as slipping on a wet floor, filing a claim could be the difference between being able to pay your bills and being stranded. Don’t take the risk.

Can I be paid for my Factory Accident?

Compensation for work-related injuries such as factory accident vary depending on the severity of your injuries, actual and projected expenses for your medical treatment, income lost, and cost of mobility aids or home care if necessary.

Workers’ compensation is sometimes just the first step in the recovery process for your personal injury. You should be compensated for your pain and suffering, trauma, and loss of comfort. Also, if you are unable to pursue your hobbies or other activities that you loved prior to the accident.

Under the Texas Labor Code injured workers are entitled to 4 different types of benefits:

  • Income benefits to replace money lost due to the work-related injury.
  • Medical benefitsto pay for reasonable and necessary medical care to treat the work-related injury.
  • Burial benefitsto help pay funeral expenses in the case of fatality resulting from a work-related accident.
  • Death benefitsto help families replace money lost when an employee dies because of a work-related injury.

I am committed to fighting for you and your rights, and I will assist you in exploring additional options for seeking fair compensation for you and your family.  Contact us today for a free consultation to discuss your factory accident case and learn how we can help you in recovering your losses. Call us now at (713) 974-0388. Let us help you.

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