How Do Accidents Happen in Industrial Workplaces?
Industrial workplaces are some of the most dangerous environments a person could work in. Employees often have to work around large machinery, heavy trucks, and on construction sites, which are filled with many different types of dangers, such as unfinished structures, scaffolding, and more. Many personal injury victims per year are severely injured in these situations. It is clear that an accident could happen in any number of ways in these locations, but there are some causes of industrial workplaces that are more common than others. These are as follows:
- Accidents caused by defective machinery other faulty equipment
- Accidents caused by falling objects
- Road construction accidents
Any type of industrial workplace accident will result in catastrophic injuries and in some cases, even wrongful death.
- Explosions and burn accidents
- Toxic chemical and substance accidents
- Defective equipment/product accidents
- Falls from heights (beams, scaffolding, ladders)
- Falls in holes
- Severe injuries such as paraplegic or quadriplegic injuries and brain injuries
- Wrongful death and fatalities
In any number of these cases you will need an experienced Eugene personal injury lawyer to help you with your workers compensation claims and to gain the compensation that you deserve!
How Does Workers’ Compensation Work After an Industrial Workplace Accident?
Most employers in Oregon are required to carry workers’ compensation insurance that protects themselves and their employees in the event of a workplace accident. The biggest benefit of workers’ compensation insurance, of course, is that it can cover your medical expenses and a portion of your lost income if your injuries are so serious you cannot return to work right away. The other benefit of workers’ compensation is that you can claim benefits right away. You should receive benefits within 14 days from the date the insurer receives authorization from your doctor.
Workers’ compensation is also a no-fault system, meaning that even if you caused or contributed to the accident, you can still claim benefits. This can allow you to claim benefits much faster than when using other means, such as when filing a personal injury claim.
When to File a Third Party Claim After an Industrial Workplace Accident
Workers’ compensation benefits are available when an employee was injured while performing the duties of their employment. However, there are times when another party that is not related to your employer causes an accident. For example, you may have been working on a job site when a third party in a heavy truck struck you. In this case, you may still be able to pursue a workers’ compensation claim, but you can also file a personal injury lawsuit against the negligent party using personal injury lawyers. Some examples of when a third party injury claim is appropriate are as follows:
- You have a claim against the manufacturer of a toxic substance after being exposed to it due to the manufacturer’s failure to warn of the hazard
- You were hurt while using a piece of heavy machinery that was defective and so, can file a claim against the manufacturer to claim damages
- There was a dangerous condition on the premises the property owner should have known about but did not correct
Filing a third party claim against a negligent party is vastly different from filing am Oregon workers’ compensation claim. A third party claim is a personal injury case and so, you must prove the other party was negligent. You must also show that the other party’s negligence caused the accident that resulted in your injuries. Proving these elements of a case is not easy but if you are successful, you can claim damages that are not available in personal injury cases, such as pain and suffering.
What Else Do I Need To Know About Workers Comp?
Another law that applies to industrial workplace accident claims is Oregon’s Employer Liability Law. Under this law, any employer other than your own that has control over the workplace must take any measure available to protect the life and limb of employees regardless of the expense incurred to do so. Employers must abide by this law any time employees are in a dangerous or risky workplace.
The safety requirement stipulated by the Employer Liability Law places a heavier duty on third party employers than the ordinary standard of negligence. The law also gives you the right as an employee to show any evidence that the employer had fixed the dangerous condition that caused your injury after the accident occurred. This important evidence can show that while it was possible for the employer to take other measures to protect life and limb, they did not.
You must also prove certain elements of your case when filing a claim under the Employer Liability Law. You must prove the third party employer was in business with your employer, and that they had control, or had the right to control, the manner in which you worked.
Contact Us Today
If you have been hurt while on the job, it is important to remember that you have many legal options. At the Johnston Law Firm, our Eugene industrial workplace accident attorney can advise you of what those are and help you determine the right path for moving forward. We know how to negotiate with insurance companies to claim the best settlements for our clients, and we will put that experience to work for you. Call us now at 503-546-3167 or contact us online to schedule a free review of your case.
The Johnston Law Firm, LLC proudly represents clients in all cities and counties in Oregon: Portland, Gresham, Milwaukie, Lake Oswego, Tigard, Beaverton, Hillsboro, Multnomah, Washington, Clackamas.
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