Industrial Accidents in Miami

Industrial work includes some of the most difficult and dangerous jobs in the country. Working in an industrial facility exposes workers to many types of safety risks. No matter how many precautions are taken, working with heavy machinery, chemicals, and toxic fumes will always be hazardous for employees. If you or a loved one were injured in an industrial accident, you may be able to file a third-party lawsuit for your injuries.

An industrial accident can be many different things. Some examples include explosions or chemical explosions, nuclear or radiation accidents, mine explosions, chemical and biological pollution, structure collapse, and natural gas explosions.

No matter the industry, all workplaces must follow state and federal safety laws. OSHA, the Occupational Safety and Health Administration, has thousands of rules and regulation that govern safety procedures across all industries. The owners of industrial sites have an obligation to follow these rules to keep their employees safe and prevent accidents and injuries.

In general, the worker’s compensation system pays benefits to employees who are injured on the job. In exchange for these benefits, employer cannot be sued for negligence that causes an accident. Except for in extreme situations where an employer’s acts were criminal or extraordinarily reckless, most employers cannot be sued for on-the-job injuries.

This does not mean that no one can be held responsible, however. When an industrial accident occurs, many people and parties may have legal liability for the accident. For instance, the manufacturer or seller of any piece of equipment or machinery that malfunctioned or was defective. Additionally, if someone other than a worker’s employer was responsible for maintaining the premises in a safe condition, that person or entity may also share responsibility. Finally, if the owner of the location or facility is different than the injured person’s employer, then that entity may have liability if its premises caused the injury.

These types of lawsuits, known as third-party lawsuits, can help injured workers recover additional financial help beyond what they would receive from the workers’ compensation system. Workers’ compensation does provide for some medical costs and some missed income while an employee cannot work. While this assistance can be invaluable to injured workers, it is often not enough to support an employee and his or her family after a serious injury or death. Third-party lawsuits can help a victim recover compensation for additional types of damages, including emotional damages like pain and suffering.

In order for a third-party lawsuit to be successful, it is important that you contact an experienced attorney as soon as possible after the accident. Experienced investigators need to examine the site of the accident and collect evidence before it is destroyed. While serious accidents may be investigated by the police department, fire department, or state and federal agencies, it is unwise to assume that these agencies will collect all the evidence needed for a personal injury case. This is especially true in accidents where the police or other agencies do only a minor investigation. In these cases, an attorney may be able to record information about the scene of the accident before it gets cleaned up or moved around.

The experienced Miami industrial accident attorneys at Gerson & Schwartz, P.A. understand that time is of the essence after a serious injury on the job. Our attorneys will review and investigate your case on a contingent fee basis, which means there is no cost to you unless we win your case.

Don’t settle for workers’ compensation alone after an industrial accident. You may be able to file a lawsuit for additional damages like lost wages, medical costs, future medical expenses, pain and suffering, loss of companionship, and more. To learn about your legal options and how Gerson & Schwartz, P.A., can help, contact our office today by calling (877) 475-2905.