If you work in an industrial job, you know that you face significant dangers every time you go to work. Employers in Texas are required to maintain a safe working environment for employees to protect them from job injuries, and this is especially important in industrial occupations.
Houston personal injury attorney Aaron W. Perry knows how severe these injuries can be because he represents employees who have been injured in their industrial jobs. Many different jobs fall under the industrial umbrella, and if you have suffered industrial injuries, you may have a personal injury claim.
Different Types Of Industrial Jobs
When most people think of industrial jobs, they think of employees who work in factories and warehouses. Other industrial occupations include maritime work, such as shipyard employees and dockworkers. Employees who work in oil refineries and on drilling rigs also face a high risk of sustaining industrial injuries.
Those working in lighter industrial work sectors also suffer work injuries, such as employees in food, clothing, and furniture production. Employees in the printing business, electronic manufacturing, and automobile assembly lines are at risk for sustaining industrial injuries, as well.
Common Industrial Injuries
Common industrial injuries include the following:
- Burns and chemical injuries caused by exposure to toxic chemicals and substances.
- Blunt force trauma injuries from being struck by falling objects, equipment, and machinery.
- Injuries caused by the use of and exposure to dangerous and defective products.
- Back, neck, and head injuries from slip, trip, and fall accidents.
- Shock and burns from electrocutions.
- Repetitive stress injuries from overuse and repetitive movements.
Personal Injury Claims For Industrial Accidents
Industrial injury remedies are often only available under workers’ compensation law, but under some circumstances, injured employees may file a personal injury claim to cover their work-related injuries and damages. Unlike many other states, Texas does not require employers to carry workers’ compensation for their employees. If your employer does not have a workers’ compensation insurance policy that covers injured employees, you may have a personal injury claim for your industrial work injuries.
In some cases, even if your employer does have a workers’ compensation insurance policy, you may still be able to file a personal injury claim for your injuries and damages. You might be eligible for a personal injury claim when a third party is responsible for your injuries. For example, a defective product caused your work injuries; you might have a claim against the product’s manufacturer or seller.
Under more rare circumstances, additional recovery may be available when an employer’s intentional conduct, such as in an assault incident, causes an employee’s injuries. And if an employee’s fatal injuries are the result of an employer’s gross negligence, surviving family members may have recovery options outside of work comp.
Compensation For Industrial Injury Claims
Personal injury compensation is usually more favorable for plaintiffs than workers’ compensation benefits because there are greater compensation options and fewer limitations under personal injury claims. Workers’ compensation benefits are based on a predetermined calculation, and there is not a lot of room to negotiate benefits. Work comp benefits generally only cover a portion of your total injuries and damages related to your work accident, and injured employees are not entitled to non-economic damages.
Non-economic damages, such as pain and suffering and emotional distress, are available in personal injury cases, however. Depending on the facts of your case and injuries sustained, you may also be entitled to compensation for lost wages, loss of earning capacity, medical expenses, and future medical expenses. If your employer or a third party’s conduct was egregious, exemplary damages, also known as punitive damages, may be recoverable as well.
Fatal Work Injuries
If you have lost a loved one in a fatal industrial injury accident, you may be entitled to compensation under a wrongful death claim. Under Texas law, close surviving family members may recover for the economic damages they have suffered due to losing their loved one, such as loss of financial support, loss of services, and funeral expenses.
In some cases, the decedent’s estate may recover compensation under a survival action. If your loved one suffered losses as a result of the accident before he or she died, those losses might be recoverable. Compensation for survival actions may include pain and suffering, medical expenses, and lost earnings.
Contact An Industrial Injuries Attorney
If you have suffered industrial injuries, contact the Law Office of Aaron W. Perry to schedule a free consultation. You can reach our office at 713-393-7788 or fill out our online form, and we will reach out to you as soon as possible. Follow us on Facebook to learn more about industrial injuries and our other practice areas.