Industrial accidents are accidents that occur in the refineries, manufacturing plants, and chemical plants of companies in the oil, gas, or agriculture industries. These types of accidents are usually of tremendous public concern because hazardous chemical releases may be a threat to public safety, but some of the people who face the most significant risks are the employees working in those refineries or plants.
Industrial accidents frequently have the potential to cause catastrophic or even fatal injuries. Victims and their families may find it difficult to pay their medical bills and support themselves if they are forced to miss work due to an accident on the job, but fortunately, your employer’s workers’ compensation insurance should provide the financial support you need while you are on the mend. If a third party’s negligence caused the accident, there might be additional compensation available to you through a third-party injury claim.
Did you suffer serious injuries or was your loved one killed in an industrial accident anywhere in the greater Beaumont-Port Arthur Metropolitan Statistical Area? An experienced Beaumont industrial accident attorney could help you identify the benefits and any third-party compensation you might be entitled to and will help ensure that you get the money you need to pay your bills and support yourself while you focus on recovery.
Portner Bond, PLLC is committed to helping injured workers in Beaumont and across South Texas. We have a longstanding commitment to the community, and we are here to make sure that you and your family are protected if you’ve been hurt on the job. Call (409) 838-4444 or contact us online to schedule a free consultation.
Do I Need An Industrial Accident Lawyer?
If your employer had workers’ compensation insurance, you might assume that all you have to do is apply for benefits but such benefits are never automatic. Not only might your claim be denied, but workers’ compensation is only a fraction of your regular earnings. We’ll make sure that your worker’s compensation claim is accepted, and we won’t let your employer or their insurance company wrongfully deny or diminish the benefits you are entitled to.
In cases involving other negligent parties, then you will likely be contacted by an insurance company for one of those negligent parties or multiple insurance companies when there are multiple negligent parties. You are going to want an attorney to deal with these insurers on your behalf, so you do not accidentally say or do anything that possibly jeopardizes your claim.
Why Choose Portner Bond, PLLC To Handle My Case?
Chris Portner is a member of the Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Jefferson County Bar Association, State Bar of Texas, Jefferson County Young Lawyers Association, and American Association for Justice. He was recognized in Texas Monthly in 2007 and 2008 as a rising star by Texas Super Lawyers (a Thomson Reuters service).
Trent Bond is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and was recognized in Texas Monthly in 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018 as a Texas Super Lawyer by Texas Super Lawyers. He is the current vice president and a former director of the Jefferson County Bar Association,
Portner Bond, PLLC represents clients in Beaumont and surrounding communities like Orange, The Woodlands, Bronson, Conroe, Pasadena, Crystal Beach, Jasper, Humble, Sugar Land, Baytown, Friendswood, Port Neches, Texas City, Port Arthur, Houston, Groves, Vidor, Galveston, and Nederland. Our firm will work tirelessly to achieve a just settlement to your case, but we will always prepare your case for trial and will be willing to file a lawsuit when an insurance company does not provide a sufficient offer.
Portner Bond, PLLC also handles these cases on a contingency fee basis. This means that you pay only if you receive a monetary award.
Types of Industrial Accident Cases We Handle
Industrial accidents can include a wide variety of different kinds of incidents in various industries. In general, some of the most common types of industrial accidents include, but are not limited to:
- Accidental release of hazardous chemical substances
- Chemical explosions
- Chemical pollution
- Mine explosions
- Radiation accidents
- Falling objects
- Slip and fall accidents
These accidents have the potential to cause highly serious injuries such as traumatic brain injuries (TBIs), nerve damage, sprains, paralysis, fractures, neck injuries, internal organ injuries, road rash, spinal cord injuries, or muscle strains. Certain cases could also result in a person sustaining fatal injuries, and a family can usually file a wrongful death lawsuit in such cases.
The causes of these accidents can also vary, but some of the most common causes include use of defective equipment, inadequate fall protection, lack of necessary safety guards, and failure to repair or maintain machinery.
Frequently Asked Questions
What should I do after an industrial accident?
The first thing you should do after an industrial accident is to seek prompt medical attention. This is true even if you do not think that you suffered any kind of harm. You may be required to pick a physician from a health care network’s provider list if your employer provides workers’ compensation medical care through a health care network, but you are free to choose your doctor when they do not.
Report the accident to your employer as soon as you are able (or have someone else report it immediately and follow up if you’re severely injured) and make a copy of your report for your records. You will want to take pictures, or again, have someone else take photos of the scene of the accident. Try to get photos from lots of different angles and distances to give a perspective of what happened and where it was.
If other co-workers saw your accident, make sure that you know their names in case they are needed as witnesses. Do not discuss your accident with anybody and be especially careful not to post anything about it on a social media website. Contact a lawyer as quickly as you can to protect yourself and your injury claim.
What happens if my employer has workers’ compensation insurance?
Workers’ compensation is the exclusive remedy for people who are injured in workplace accidents where employers have workers’ compensation insurance. The same prohibition on lawsuits does not apply to other negligent parties involved in your accident. In other words, contractors or other third parties on job sites could be liable, and it could be possible for a person to obtain both workers’ compensation and damages from a personal injury lawsuit.
What kinds of damages can be recovered in a third-party industrial accident lawsuit?
While third-party industrial accidents are often resolved through settlements, some cases do go to trial, and people can then be awarded compensatory damages. Compensatory damages often involve economic damages, the actual, measurable losses a victim has suffered or will suffer, and noneconomic damages, losses that are much more subjective and not quantifiable. Medical bills, lost wages, and property damage is common economic damages, and pain and suffering, disfigurement, or emotional distress are common kinds of non-economic damages.
Industrial Accidents: By the Numbers
According to the Occupational Safety and Health Administration (OSHA), there were approximately 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers in 2017. There were 882,730 occupational injuries and illnesses in 2017 that resulted in days away from work in the private industry.
OSHA noted that four minor level occupation groups accounted for 67 percent of days away from work cases in 2017, including other production workers (30,210 cases), metal and plastic workers (19,610 cases), material moving workers (15,260 cases), and assemblers and fabricators (12,140 cases). In warehousing and storage, the number of days away from work cases resulting from overexertion and bodily reaction, contact with objects and equipment, and falls, slips, or trips all rose over the 2016 totals.
According to the Bureau of Labor Statistics (BLS), there were 441 wage and salary employees who suffered fatal occupational injuries in Texas in 2017 and 93 self-employed individuals. Of the wage and salary employees, 197 were involved in transportation accidents, nine were fires or explosions, 72 were slips, trips, or falls, 34 involved exposure to harmful substances or environments, and 66 involved contacts with objects and equipment while self-employed workers had 37 people involved in transportation accidents, 21 slips, trips, or falls, 15 exposure to harmful substances or environments cases, and eight contacts with objects cases.
The Texas Department of Insurance (TDI) reported that there were 48,490 nonfatal occupational injuries in Texas in 2017. This total included 1,570 natural resources and mining employees, 4,550 construction employees, and 6,250 manufacturing employees.
Contact an Industrial Accident Attorney Today
Portner Bond, PLLC represents injured workers and their families in Beaumont and across South Texas. If you were hurt in an industrial accident, we could help you file your worker’s compensation claim and ensure that you get the benefits you are owed. If you were hurt due to the negligence of a third-party, we would help you seek compensation through a third-party injury lawsuit.
Our firm has more than 70 years of combined legal experience with all kinds of workplace injury claims. We will discuss all of your legal options when you call (409) 838-4444 or contact us online to receive a free consultation.