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Almost three out of every 100 workers suffered an occupational injury or illness in Texas in 2014, according to the Bureau of Labor Statistics. These injuries can get expensive. Fortunately, you may be able to recover injury compensation from your employer or another party.
The process of recovering compensation can be complex. Do not do it alone. A workplace accident lawyer from Lovins Trosclair can help.
What types of workplace accidents call for injury claims?
Workplace injuries can occur in any industry, and in any setting. However, some industries are inherently more dangerous than others. Some of the most common dangerous industries our clients’ injury cases come from include:
Industrial Plants and Refineries
When you work in an industrial plant or refineries, your employer must enforce stringent OSHA guidelines to ensure you and your co-workers remain safe. Many plants and refineries work with explosive compounds, and the risk of fire is always present. Working with heavy machinery is also risky. Pair these inherent risks with the fact that employers sometimes ignore regulations to prioritize profits and expediency, and it is no surprise that injuries are the result.
Car accidents that involve workplace vehicles or that occur while you are on-the-clock are much more complicated than a typical car crash case. Add in that you may drive vehicles other than cars on the jobsite, and things get even more complex.
When you suffer injuries in a crash involving a tractor, crane, forklift, bulldozer, or other heavy machinery, there are additional safety and maintenance concerns your legal team needs to explore before settling your claim.
Recent events — primarily the 2010 Deepwater Horizon explosion that led to the massive BP oil spill — have brought the dangers of working on an oil rig to the attention of the general public.
No matter if the rig is on land or offshore, working on an oil rig is inherently dangerous. Safety must be paramount in order to protect workers, and any slip in vigilance can lead to serious injuries or death.
More construction workers die in workplace accidents each year than in any other industry. There are extensive regulations in place to protect workers on construction sites and working in the construction industry. This includes regulations that directly address the use, inspection, and maintenance of scaffolding, safety lines, harnesses, and other fall prevention devices.
Still, many construction workers suffer injuries in falls and other construction accidents each year.
How can I recover compensation?
You may be able to recover compensation through a claim or personal injury lawsuit if you can prove another party’s (e.g., your employer, another coworker, architects, designers, manufacturers, engineers, etc.) negligence caused your injury.
If your employer’s or another party’s careless actions led to your injuries, you can file a claim to help you pay for the expense of medical treatment, rehabilitation, lost wages and more. This is true even if your employer purchased alternative coverage to pay your medical bills and lost wages, or if you are on short term or long term disability.
Because of the complexity of these cases, the best way to determine if you qualify to file a claim or lawsuit for your workplace injury is to have a workplace accident lawyer review your case. The attorneys at Lovins Trosclair will analyze your case and identify all options to recover compensation.
What do I need to prove to win my case?
Employers have a responsibility to protect their workers from dangerous conditions and situations, and from further harm once they suffer injuries. The Occupational Safety and Health Act of 1970 set forth rules to help employees remain safe while on company property or while working off-site. This means that any time you are on-the-job, your employer owes you a duty to keep you safe.
When your employer fails to uphold this responsibility to assure your working conditions are safe, injuries may occur. To win your case, you must be able to prove:
- The defendant had a legal duty to you (e.g., your employer owed you a legal duty to keep you safe at work, a coworker owed you a duty to safe you safe from undue harm)
- The defendant breached that duty (e.g., your employer ignored OSHA regulations for fall prevention)
- The breach caused your injury (e.g., your employer neglected to install guardrails around your work area, you fell)
- You suffered actual damages (e.g., medical bills, lost wages, etc.)
While you will likely be able to recover compensation for your injuries even if you were partially at fault, it is important that you reduce your potential liability as much as possible. This is because your percentage of fault directly affects how much you can recover.
We will launch an investigation into your accident and help you prove you did not cause or contribute to your accident. We have spent our careers cultivating relationships with accident reconstructionists who will help us prove you did everything you could to avoid your accident.
What types of damages can I recover?
You may be eligible to recover any of the following from a claim against your employer or another party:
- Medical bills
- Rehabilitation costs
- Physical therapy expenses
- Lost wages
- Other accident-related costs
- Attorney’s fees and other legal expenses
How can Lovins Trosclair help me get the money I need?
We know how hard it is to manage your life and your finances if an injury pulls you out of work for any period of time. We can help.
If you suffered a workplace injury, Lovins Trosclair is ready to go to work for you. We offer a free case evaluation, which allows us to determine if you qualify to file a claim or lawsuit. We can help you explore your options for compensation, and take on any defendant(s) with your best interests in mind. We know all the ways that employers might try to pin the blame on you; we will fight for you to keep that from happening.