Statistics show that any type of job may be dangerous when negligence is involved — on the part of the worker or by an employer. Some jobs are inherently dangerous because of the nature of the job itself. Among these are industrial jobs. The use of heavy machinery and hazardous chemicals, combined with time stipulations and difficult working conditions, make industrial product accidents some of the most common injuries in Texas, and nationwide. And because of the nature of the injury, liability can be complex and go far beyond the realm of worker’s compensation. If the machinery was defective, if a part failed, if a machine’s instructions were unclear, if training was inadequate, or if a worker was advised to use a machine or material improperly, the fault and liability may rest with a manufacturer, training service or other individuals or agencies involved, as well as with the employer.
Let Us Help
If you or a loved one has been injured or involved in an industrial accident, contact Guajardo & Marks as soon as possible for an evaluation to see how best to proceed with your claim. On-the-job injuries can be complex, and without a thorough knowledge of the legal system most workers don’t know the compensation to which they may be entitled. Guajardo & Marks will investigate, advise you of your options, and go through every step of the process with you. With home offices in Dallas, Guajardo & Marks has both the experience and the resources to help. If you have questions or would like to set up an appointment, contact us online or call us at 972.774.9800 as soon as possible. The evaluation is free, and you pay nothing out of pocket until your claim is settled.
What to Do
If you are injured on the job because of an industrial product in Texas, the first thing to do is make sure you receive medical assistance. Your health and safety come first. When you are able, contact a legal representative. An experienced attorney will evaluate all aspects of your case, including finding the cause of the accident and those responsible for it, and will aggressively pursue full and fair compensation for your injuries.
How Liability is Determined
Liability in any case that involves a personal injury simply means the party that is at fault. Many times, the fault of the injury lies with several parties; in those cases, liability may be determined to be equally shared, or it may be divided proportionately. There a few basic standards that generally must be met to determine liability, including:
- An agreement between parties; for example, regulations require your employer to create a reasonably safe work environment.
- If the injured individual was acting recklessly, it may be assumed his actions contributed to the injury and the compensation may be lowered.
- If the injury was the result of a malfunction of a product, multiple individuals may be at fault, including the seller and the manufacturer, as it is “not the job of the injured person to determine where the defect was introduced.”
Injuries in Texas
Industrial product accidents are caused by products meant to be used for industrial purposes, not by consumers. Such injuries may be caused by heavy machinery, chemicals or any other product used in the manufacturing of goods. Injuries may be due to defects in heavy machinery, leaks in hazardous materials containers, or any number of other causes.
Compensation for an injury when another party, including a manufacturer, is at fault comes in two forms. Compensatory damages are intended to replace what you’ve lost in health, quality of life and other areas. Punitive damages are awarded by the court in order to punish the negligent party and hopefully send a warning so that the mistake is not repeated by the same or any other company. The amount of compensation awarded has several variables, including who was at fault, how the injury happened, how serious the injury was and how badly the product failed, among other variables.
If you or a loved one has been injured because of an industrial product accident, Guajardo & Marks of Dallas has the experience and resources to help you get the compensation you deserve. If you have questions or would like to set up a free evaluation, contact us online or call us at 972.774.9800 as soon as possible.