Injuries resulting from industrial accidents can be devastating, leaving injured workers and their families with long-term physical, emotional, and financial burdens. Ensuring adequate compensation for these injuries is essential, and hiring skilled personal injury lawyers in Houston can make a significant difference in the outcome of your case.
With over 25 years of experience, the Callahan Law Firm stands out as a law firm where dedicated attorneys and staff provide undivided attention to each client. Understanding the physical, emotional, and financial toll that such accidents can take, our team is committed to offering personalized and empathetic legal guidance. When you work with us, you’re not just a case number; you’re a valued individual who deserves the utmost care in these trying times. Contact us today to schedule a free consultation.
Why You Need Our Houston Industrial Accident Lawyers
Our Houston attorneys come equipped with over 25 years of experience dedicated to the intricacies of personal injury law. We deliberately manage only a select number of serious injury and fatality cases, placing emphasis on providing personalized attention that your unique circumstances necessitate. By choosing us, rest assured that your case is not just another file number; we understand that behind each case is a human being, and we do everything in our power to achieve justice for you and your loved ones.
What Are the Most Common Types of Industrial Accidents in Texas?
An industrial accident is an injury-causing event that occurs during the course of work, typically within industries such as petrochemical, chemical, energy, manufacturing, construction, and other labor-intensive sectors. These incidents can result in significant injury, property damage, or environment-related issues. Industrial accidents can occur as a result of human error, mechanical failure, inadequate training, or poor safety measures in the workplace. Some common types of industrial accidents in Texas include:
- Electrical accidents
- Exposure to toxic chemicals
- Oil spills at plants and refineries
- Accidents involving heavy machinery
- Falling debris
- Forklift accidents
Awareness of these potential hazards can help employees and employers take necessary precautions to minimize risks. Understanding the types of accidents is just one piece of the puzzle; it’s essential to understand what steps to take after you’ve been injured so you can ensure your health and safety and protect your legal rights.
What Should You Do After an Industrial Workplace Accident?
Being hurt on the job can be a distressing and confusing experience, bringing forth not only physical pain but also uncertainty about the future. It is crucial during these times to focus on your health while also being mindful of the necessary steps to protect your legal rights. If you’ve been involved in an industrial workplace accident, you should follow these steps:
- Seek medical attention
- Report the incident
- Preserve evidence
- Document everything
- Seek legal help from an experienced Houston industrial accident lawyer
If you or a loved one ha’ve been injured in an industrial accident, it’s also important to consider the next critical step: determining who is liable for an accident. This assessment will be essential as you work towards protecting your interests and securing full and fair compensation for your injuries.
Who Is Liable for an Industrial Accident in Houston?
As you grapple with the aftermath of such a traumatic event, one pressing question often arises: who is responsible for causing the injury? Determining liability is key to allowing industrial workers to get full compensation under the law. Entities that can be responsible for an industrial accident can include one or more of the following:
- Companies and employers who put profit over safety without considering the risk to workers’ lives
- Manufacturers of equipment used at many industrial job sites
- Contractors and subcontractors
- Operator of the facility
- Property owners
Keep in mind that each case is unique, and determining liability is often complex. Injured workers need to make this determination so they know what the next steps are and who to seek compensation from.
Types of Compensation Available for Those Injured in Industrial Accidents
When you suffer an injury after this type of accident, it is important to understand the compensation avenues available to you and your family. If you’re filing a workers’ compensation claim, you may be entitled to:
- Medical costs for treatment
- Wage replacement
If you are filing a personal injury lawsuit, you can obtain compensation – both in the past and in the future – for the following:
- Medical expenses to treat injuries caused by work-related industrial accidents
- Lost wages and loss of earning capacity
- Pain and suffering
- Physical impairment
- Mental anguish
- Punitive damages in rare instances
Navigating life after an accident can be overwhelming, but knowing the various forms of compensation that are available can offer a glimmer of hope.
How Our Industrial Injury Attorneys Can Help You Pursue Justice in Houston
Choosing the right industrial accident attorney is crucial to ensure a successful outcome and receive the compensation you deserve. Our team of dedicated Houston industrial accident lawyers understands the immense challenges you are facing and is committed to helping you pursue the justice you rightfully deserve. Here’s how we can help you:
- Thorough Investigation
- Preservation of evidence
- Assess Your Case Value
- Establish Liability
- Negotiate with Insurance Companies
- File a Lawsuit
- Retain Expert Witnesses
- Take depositions
- Represent You in Court including Trying Your Case to a Jury
In the face of industrial injuries, your pursuit for justice is not just about compensation—it’s about ensuring a sense of closure and security as you recover from this challenging chapter in your life. Our Houston-based industrial injury attorneys are committed to compassionately standing by your side and tirelessly fighting for the justice you deserve every step of the way.
Industrial Injury FAQs
If you’ve been injured due to an industrial accident, you likely have many questions and concerns. It’s only natural to seek clarity and guidance during such a difficult time, and we are here to provide the information you need with empathy and understanding.
What types of evidence should I gather after an accident?
Collecting evidence after the accident is paramount, as it can significantly influence the success of your personal injury claim. Here are some basic types of evidence to gather following the incident:
- Photos and videos
- Witness statements
- Accident reports
- Defective products
- Medical records
- Employment records
- Safety records
Remember that you don’t have to navigate this process alone – our legal team is ready to assist you in assembling critical evidence and supporting you on your road to recovery.
How long do I have to file a claim for an industrial accident?
In Texas,the general rule for the statute of limitations for a personal injury lawsuit based on negligence is two years from the date of the incident or injury. However, there are exceptions to this general rule. That’s why it is essential to discuss your case with an experienced Houston industrial accident lawyer to ensure your claim is filed within the specified time limit.
In the case of workers’ compensation insurance claims, the general rule is that you have 30 days to notify your employer of your injury and one year to file a claim with the Texas Department of Insurance-Division of Workers’ Compensation. These rules also have exceptions. Ideally, your employer would file the claim, but this doesn’t always happen. Therefore, it’s essential to always check in with your employer to ensure the claim is correctly and promptly filed.
Can I get fired for reporting safety violations?
The fear of losing your job is understandable, but you must know that as an employee, you have rights. Under state and federal law – including The Occupational Safety and Health Act (OSH Act) – employees have protections when they report safety violations. As a part of its whistleblower protection provisions, the OSH Act prohibits employers from retaliating against employees for reporting safety violations, participating in inspections, or raising concerns about safety and health issues.
Is an industrial accident a worker’s compensation case or a personal injury case?
An industrial accident has the potential to be either a worker’s compensation case or a personal injury case, or both. The distinction between the two primarily depends on the specific circumstances of the accident, and identifying which one applies to your situation will impact how you proceed.
If your employer has worker’s compensation coverage and your injury occurred within the scope of your employment, your case would likely fall under this category.
In a worker’s compensation claim, you would not need to prove that your employer was negligent or at fault for your injury. Instead, you would simply need to demonstrate that the injury occurred while you were working. However, you will typically be limited in the type of damages you can recover, usually consisting of medical expenses and lost wages.
On the other hand, a personal injury claim arises when you suffer harm due to the negligence or fault of another party, which can include product manufacturers, third parties, or an employer if workers’ compensation isn’t available. In a case based on negligence, you need to prove that the responsible party’s negligence caused or contributed to your injury.
Unlike worker’s compensation claims, personal injury claims can potentially lead to a broader range of damages, such as pain and suffering, emotional distress or mental anguish, physical impairment, disfigurement, and more. It is important to know that you may be able to pursue a personal injury case even if your employer has worker’s compensation if a third party is responsible for the accident.
Is aging or defective equipment to blame?
Aging or defective equipment can often play a significant role in workplace accidents, and it’s essential to identify whether this factor applies to your situation. The fact of the matter is as equipment ages, its structural integrity and performance can decline, leading to accidents and injuries. Likewise, defective equipment may have been designed with flaws that render it unsafe.
What If I can’t afford an industrial injury lawyer?
If concerns about affording legal representation are weighing on you after a catastrophic injury, it’s helpful to know that most personal injury attorneys, including those specializing in these types of accidents, work on a contingency fee basis. This means their payment is contingent upon the successful resolution of your case—typically as a percentage of any settlement or award they secure for you.
There are no upfront costs. And if you do not win or settle your case, there is no fee to pay. This arrangement allows you access to experienced legal counsel regardless of your current financial status and ensures that both the client and lawyer are aligned toward achieving the best possible outcome.
What industries have the most accidents?
Recent data reveals the industries with the highest rates of workplace accidents in Texas. Understanding which sectors are most affected can help you be more vigilant and take necessary precautions when working in these industries:
- Construction sites
- Oil and gas well sites
- Oil and Gas Refinery Plant Accidents
- Administrative, Support, Waste Management & Remediation Services
Despite stringent safety regulations, certain industries are more prone to accidents. If you or someone close to you has been seriously or fatally injured in an accident, know that compassionate legal guidance is available.
Should I report the industrial accident to OSHA or other regulatory agencies in Texas?
If you’ve been involved in an industrial accident in Texas, it can be important to report the incident to the Occupational Safety and Health Administration (OSHA) as soon as possible. OSHA enforces safety regulations in an effort to prevent accidents and ensure a safer work environment for all employees.
Reporting your accident to OSHA not only ensures that your workplace complies with federal safety standards but it may also help others avoid similar accidents in the future.
Is there a limit to the financial recovery I can pursue after a Texas industrial accident injury?
In Texas, the financial recovery is based on the injuries and the facts of the case. The elements of damages for a personal injury claim include past and future medical care expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and potentially more.
In Texas, punitive damages are capped at either $200,000 or two times the amount of economic damages plus non-economic damages up to $750,000.
What should I do If my employer wants to pay for my injuries and financial losses directly?
If your employer offers to pay for your injuries and financial losses directly, it may be tempting to accept the offer to avoid the complex legal process. However, doing so is likely not in the best interest of you or your family, as it could limit your access to full and fair compensation. Speak with an experienced industrial accident lawyer before making any decisions or agreements with your employer, verbal or written.
What types of workplace injury cases does your law firm handle?
The legal team at The Callahan Law Firm handles claims in a wide range of workplace injury cases, including those that involve:
- Industrial accidents
- Manufacturing accidents
- Construction accidents
- Heavy equipment accidents
- Transportation accidents
- Commercial vehicle accidents
- Pipeline accidents
- Railroad worker accidents
- Oil field accidents, including oil rig accidents
- Maritime accidents and other offshore accidents
Contact The Callahan Law Firm Today for a Free Consultation With an Industrial Accident Attorney
If you or a loved one have been involved in an industrial accident, the journey ahead may seem daunting and filled with uncertainty. At The Callahan Law Firm, we are deeply committed to helping individuals and their families through these challenging times and assisting all those affected by industrial accident cases to get the compensation they deserve; we’ll do everything we can to hold employers accountable.
When you’re ready for help after a Houston industrial injury, reach out for a free case review. Remember, there’s no obligation to hire us; and you do not pay us unless you win. The Callahan Law Firm is ready to assess your case and determine how we can get justice fo you. Call us to schedule a free consultation today, and let us help you fight for your rights.