Most factories, warehouses, auto mechanic shops, and other industrial settings have strict safety protocols in place to protect workers from harm. Nonetheless, these workplaces are notorious for the numerous risks they present to workers, including exposure to heavy machinery, hazardous chemicals, falls from heights, and vehicles moving in all directions.
When industrial accidents occur and injuries result, the consequences can be catastrophic for workers and their families. An industrial injury can have a profound impact on your health, your ability to earn an income, and your family’s financial stability. This is why it’s essential to work with an experienced industrial accident lawyer with the knowledge, experience, and resources to fight for your rights.
At Holland Injury Law, LLC, we have helped thousands of injured industrial facility workers and their families seek the compensation they need. The attorneys at our law office handle workplace accidents from all angles to maximize the compensation recovered for our clients. This means not only assisting with workers’ compensation claims, but also third-party injury lawsuits. Contact our St. Louis law office today for a free consultation with an experienced industrial accident lawyer.
An industrial accident is an incident that results in injury or death occurring in an industrial setting, such as a factory, distribution center, refinery, warehouse, manufacturing plant, or machine shop. These accidents often involve heavy machinery and catastrophic injuries.
Anyone working in an industrial facility can be at risk of an industrial accident, including employees, temporary workers, contractors, delivery drivers, repair technicians, and other site visitors. However, the way these individuals can seek compensation for their injuries depends on their worker classification: employee vs. independent contractor.
An accidental injury in an industrial location in St. Louis may have occurred through one or more of the following circumstances:
A detailed investigation by an injury attorney can show how the industrial accident that caused your injuries occurred, such as if defective equipment, negligent subcontractors, poor maintenance, or unsafe policies were contributing factors. Identifying the incident’s cause is critical for maximizing your financial recovery by determining if third parties can be held liable beyond your workers’ compensation claim.
The two options for seeking compensation following an industrial accident are workers’ compensation and third-party claims.
Workers’ compensation is only available to employees and replaces their ability to sue their employer for work-related injuries. These claims don’t require the employee to prove their employer was at fault for the accident. However, they only provide compensation for medical care, partial wage replacement, disability benefits, and death benefits. You cannot seek compensation for pain and suffering through workers’ compensation.
Third-party claims are always available to independent contractors and to employees when non-employers, such as equipment manufacturers or subcontractors, cause their injuries. These lawsuits allow recovery for full wage loss, loss of future earnings, and pain and suffering.
In most cases, your St. Louis employer is not directly liable for injuries caused by industrial accidents. Employees covered by workers’ compensation cannot file lawsuits against their employers for workplace injuries. They must go through the workers’ compensation system.
There are rare exceptions to this rule, such as if your employer engaged in gross negligence or intentional misconduct that resulted in your injury. Our firm always reviews the facts of each case to determine whether an exception applies or your employer directly violated OSHA safety regulations. But if you are an employee, workers’ compensation is typically the exclusive remedy against your employer.
If you are an independent contractor working in an industrial setting, however, you can file a personal injury lawsuit against your employer. This is because workers’ compensation does not cover independent contractors. Discuss your options with an experienced attorney.
The compensation available to you for industrial injuries depends on whether it’s sought through a workers’ compensation or third-party claim.
Workers’ compensation provides compensation for approved medical expenses, partial wage loss, permanent disability, and death benefits for qualifying family members.
Third-party lawsuits provide compensation for medical expenses, lost wages, loss of future earning capacity, and permanent disability. However, they also compensate victims for their pain and suffering, emotional distress, loss of consortium, and other intangible losses they experience because of their injuries.
Understanding when you have a workers’ compensation or third-party injury case is crucial for industrial workers in St. Louis. Below, we’ve answered questions about common situations you may find yourself in.
If you were partly at fault for the accident that caused your injuries, it could affect a third-party lawsuit by reducing your awarded compensation. However, your fault does not impact a workers’ compensation claim because workers’ comp is a no-fault system.
If you are a temp worker injured in an industrial setting, you are likely covered by workers’ compensation. Workers’ compensation applies to all employees, regardless of the hours they work.
Workers’ compensation does not cover independent contractors in most cases. However, subcontractors may be covered by the primary contractor’s insurance. Instead, contractors typically must file personal injury lawsuits to recover compensation.
If your injuries developed over time, such as if they result from repetitive motions or exposure to hazardous substances, the timeline for reporting your injury and filing a claim begins on the date when you knew or should have known your injury was work-related.
These injuries can be more difficult to connect to your employment, making it essential that you work with an experienced industrial injury attorney.
Following an industrial accident, the amount of time you have to take action depends on whether you have a workers’ compensation or third-party claim.
For workers’ comp claims, you must report the injury to your employer within 30 days of when you became aware of your injury, which is usually the date of injury. Then, you have two years to file a claim with the Division of Workers’ Compensation for insurance claim denials or benefit terminations.
For third-party lawsuits, you have five years to file your lawsuit against the party responsible for your injuries.
After an industrial accident, always seek immediate medical treatment and report the injury to your employer, even if you don’t believe workers’ compensation covers you. Additionally, you should avoid signing any releases or providing statements to insurance companies until you have spoken with an industrial accident attorney from Holland Injury Law, LLC.
The lawyers at our firm will explain your rights and help you understand your options for seeking fair compensation for your injuries in Missouri, Illinois, and Kansas.
When Holland Injury Law, LLC, represents you after a workplace accident – whether in an industrial setting, an office building, or a healthcare facility – we will deliver fierce and persistent advocacy on your behalf. With over 30 years of experience and a personalized approach to each case, we’ve recovered over $300 Million for our 7,000+ clients.
To schedule a free consultation, call our offices or complete our online inquiry form. Our lawyers are tenacious on behalf of clients, and we’re committed to providing you with the comprehensive legal support you need for your workers’ compensation or third-party injury claim resulting from an industrial accident.
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