The legal issues involved with a personal injury or death occurring on an industrial accidents site can be complex due to the location and ownership of the site itself and the many parties in question. It’s not as “easy” as investing a car wreck. Often after a worker is injured, representatives and lawyers of the different companies will meet and discuss the details of the accident, hire investigators and photographers to document the site. Access to the injured employee or his family to also photograph the site or the equipment involved is usually blocked requiring the hiring of an attorney to intervene and protect the evidence and gain access to the site for an investigation.
Once hired, an accident attorney should hire a private investigator to start interviewing witnesses of the accident and research the ownership of the facility and the names and positions of authority and responsibility of all parties involved. The accident lawyer should then write or contact the companies and demand access to the facility and obtain a written agreement that the evidence or accident site in question be preserved until it has been inspected by the injured parties attorneys and engineers. If an agreement cannot be reached as to the preservation of the site, then an immediate lawsuit or injunction would need to be filed to get the court to order the inspection. The quicker an attorney gets involved the better. Time can sometimes be our worst enemy in accident cases. Workplaces change; workers move and memories often fade.
Industrial accidents are usually pursued under worker’s compensation laws. However, in the case that industrial accidents result from defectively designed or manufactured equipment, or negligence of someone besides the employer, industrial accidents can sometimes cause a personal injury action. There are a number of factors in industrial accidents that influence what legal recourse the victims of an industrial accident may take.
Individuals who have been involved in an industrial accident must prove that their injury was caused by negligence or illegal action. Additionally, because industrial accidents are considered actionable under worker’s compensation, they cannot be the fault of the employer if the industrial accident is being pursued through a personal injury lawsuit. (The specific laws and regulations governing industrial accidents can vary widely from state to state.
Injuries resulting from industrial accidents can range in severity from slight to lethal. The cause of an industrial accident can include malfunctioning equipment, explosions, electrocution, falls, etc. Contributing factors to industrial accidents include workers’ negligence, poor safety standards, and fatigue. Depending upon the cause and severity of the industrial accident, recovery can be swift, or a long process. Those persons who have been injured in an industrial accident may never return to their full capacity, affecting their physical and psychological health. Victims of industrial accidents may also suffer long-term financial losses due to their inability to work.
If you were in an industrial accident and suspect that the fault lies with someone other than your employer, the industrial accident may qualify for a personal injury lawsuit. Personal injury suits concerning industrial accidents can recover financial losses, pay for medical care, and compensate victims for other resulting damages. Industrial accident law can be complicated, and regulations may vary by state. An attorney familiar with industrial accident law in your state may be able to help you make key decisions regarding your case.