Are you working in a workplace wherein you may be exposed to hazardous industrial machines, equipment or materials?
In the United States, workers in the industrial sector and construction sites sustain severe injuries almost every day because of carelessness, negligence or the failure to properly warn them of the hidden dangers in the workplace.
If you are exposed in a situation that may lead to industrial accidents, it is important that you know the important elements and factors regarding this kind of accident.
What is Industrial Accident?
An accident occurred in the workplace, while you are working and as a result, you sustained physical injuries. By far, industrial accidents are among the most common personal injuries that can occur. However, it can also be quite complex.
Several reasons stand as to why an industrial accident could happen. Mostly it may be due to the incompetence and/or negligence of an employer or co-employee.
- accident due to a hazardous machinery
- lifting of heavy objects
- disease and impairment induced chemicals and materials in the workplace
Other issues also complicate industrial accident cases.
- Violations of Occupational Safety and Health Act (OSHA)
- Other contractors' right or bid to control the workplace
- Defective materials, products, equipment or machines used in the work site
- Contractual agreements and obligations between the general contractor and the subcontractors on the job site
- Liability of developer or property owner
There is no difference whether the injury or injuries sustained because of the industrial accident had been immediate or had taken long before becoming obvious as in the case of repetitive strain injury or RSI.
Who can be sued for damages in industrial accident cases?
It may be quite daunting to sue your employer for damages. However, you need to remind yourself that employers are bound by the duty of making sure that their establishment is strictly abiding by the Health and Safety regulations of the state where they are governed.
Likewise, your employer is not allowed by the law to terminate your employment contract in case you become injured then file claims for damages.
What should be done if you sustained industrial accident injuries in an United States work site?
- You should be aware of the legal requirement to report the incident in the accident book.
- Make arrangements to avail of the statutory payment for sickness or illness
- Make arrangements to avail of workers compensation benefits
- Establish contact with Spiva Law Firm an experience personal injury law who has specialized knowledge and considerable experience in the federal and state laws governing your case.