Types of Industrial Workplace Accidents
Industrial work is some of the most dangerous there is. Accidents happen frequently, and they occur in many different ways. Some of the most common types of accidents in industrial workplaces include:
- Substance accidents, such as toxic chemicals
- Burn and explosion accidents
- Accidents involving defective products, such as equipment
- Falls from heights
After being involved in any type of industrial workplace accident, it is critical to speak to an attorney who can advise on how to move forward to claim the compensation you are entitled to.
- Falls in holes
- Road construction accidents
- Falling object accidents
- Catastrophic injuries
- Wrongful death
Workers’ Compensation After an Industrial Workplace Accident
The vast majority of employers in Salem, and throughout Oregon, are required to carry workers’ compensation insurance. Workers’ compensation holds many benefits for injured workers. The first is that workers can receive these benefits fairly quickly, as long as they notify their employer of the injury as soon as possible. After the employer’s insurance company receives authorization from the worker’s doctor, injured employees can receive benefits in just 14 days. Compared to the months or even years a personal injury claim could take, workers’ comp benefits are received very quickly.
The other benefit of the no-fault system is that it is no-fault. This means that even if an employee caused or contributed to the accident, they can still claim full no-fault benefits. This is unlike civil lawsuits, in which the person pursuing damages must prove another person was at fault for their injuries.
In exchange for the many benefits the workers’ compensation system holds for injured workers, there is one caveat. Employees are generally barred from filing a lawsuit against their employer after a workplace accident, even if the employer was negligent and caused the accident.
Third Party Claims After an Industrial Workplace Accident
In most situations, workers’ compensation is the only recourse injured employees have to claim benefits. In some instances, though, employees can file a third party injury claim against the negligent party that caused their injuries. A third party is someone who is not connected to the employer and does not work for them. If you have been hurt, some instances in which you can file a third party claim are as follows:
A third party claim is a personal injury claim and so, they do take longer than workers’ compensation claims. However, a third party claim will also have some benefits over workers’ comp. For example, within a third party claim, you can receive damages for pain and suffering, which are not available in workers’ compensation claims.
- You were hurt by a hazardous condition on the premises and need to file a third party injury claim against the property owner
- You were hurt by a defective piece of equipment on the premises and need to file a third party injury claim against the manufacturer
- A third party, such as the driver of a vehicle, injured you while you were on the job
- You were injured by a toxic substance and need to file a toxic tort claim against the manufacturer of the toxic substance
Employer Liability Law in Salem
If you were hurt on the job by another employer on your job site, you are protected under Oregon’s Employer Liability Law. Also known as the ELL, this piece of legislation requires employers to use every and any measure available to protect the “life and limb” of employees no matter the cost. Employers must comply with this law any time an employee or employees are involved in risky or dangerous work.
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.
Damages Available After an Industrial Workplace Accident
Workers’ compensation benefits may be available for any industrial workplace injury you or someone you love has sustained. Unfortunately, these benefits are not always enough to cover all of your losses.
Our workplace injury lawyer in Salem will review your case free of charge and establish the full damages you are eligible for, which may include:
- Past, current, and future medical expenses
- Lost wages
- Loss of future earnings, if you cannot return to the same line of work in the future
- Pain and suffering
- Long-term care
Call Our Industrial Workplace Accident Attorney in Salem Today
At the Johnston Law Firm, our Salem industrial workplace accident attorney knows the devastation that follows a workplace accident. It is why we are so dedicated to helping injured workers claim the full and fair compensation they deserve. We can help your family, too. If you or someone you love has been involved in an industrial workplace accident, call us now at 503-546-3167 or reach out to us online to schedule a free case evaluation with one of our skilled attorneys and to learn more about your legal options.
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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