Establishing Liability for Work Accidents

San Jose industrial worker injured on the job

Bay Area Personal Injury Attorneys Discuss Industrial Accident Liability

The occurrence of an industrial accident tends to open a whole new can of worms. The accident victim, as well as the responsible party must sit across from each other, discussing the details of what happened and how the incident came to be. In this scenario, it is vital that all individuals look objectively at the situation to provide an honest account of the role they played. After all issues are discussed, measures are then put in place to ensure that a similar incident doesn’t happen again in the future.

Types of industrial accidents
Industrial workers are always jumping from one dangerous piece of machinery to another, so personal injury can range from simple hairline fractures and sprained joints, to more serious injuries such as concussions, multiple burns, spinal cord and brain injuries.They are also subject to a variety of hazards in the workplace which could cause falls, and other mishaps.

How is liability determined?
The answer to this depends on the scenario; sometimes, an employer is at fault by neglecting their workers’ safety. For instance, if an employer knows that there is a fire risk in their industrial plant, but fails to allocate fire safe zones or install fire extinguishers, then in the case of a fire, they must take financial responsibility for failing to have proper equipment in place. Similarly, if an employer fails to maintain equipment and then that faulty equipment harms employees, they are once again going to faced with negligence. Additionally, an employee can be injured by tripping and falling, being struck by falling objects, or even a co-employee’s negligence.In these instances the injured employee is oftentimes limited to the workers compensation forum.

In other instances the employee could be injured by a third party, typically someone not affiliated with the employer. A typical instance is a delivery person being injured in an accident caused by another driver, or an employee being injured by a defective piece of equipment. In these cases the employee would be able to pursue a regular personal injury claim against the responsible third party or manufacturer. It is important for a skilled attorney to evaluate any given case to determine if in fact a third party action is available.

Legal issues surrounding industrial accidents
When one is injured in the line of duty, a long period of chaos and confusion could be started. Unfortunately, in some instances, a lot of time could be spent at the hospital recovering. Furthermore, expenses could pile up over time, forcing family and friends to take action and make a significant time and financial investment. Should the injured employee take too long to recover, it could mean they are not earning any income. These issues must be addressed as early as possible. If the employee was at fault for said accidents, then they have less options available for compensation. But if the employer in any way neglected their responsibility toward the employee, then the injured party has sufficient grounds to seek legal redress to compensate for their medical bills and inconveniences.

Speak with a Personal Injury Lawyer that Specializes in Industrial Accidents

The Law Office of Farling, Hecht & Davis, LLP is a full service law firm that works with clients throughout the San Jose, San Francisco and surrounding Bay Area. With over 75 years of combined professional experience, the firm’s industrial accident attorneys are dedicated to providing legal services with unparalleled excellence and commitment so that you can be certain you are receiving the top legal counsel in the Bay Area. Contact us today at (408) 295-6100 for a free consultation.