Advocating for Injured Workers
ON THE JOB INJURY ATTORNEYS
Every person expects their employer to provide a safe work environment. No one should have to fear being injured while doing their job. Thomas J. Henry fights to protect the rights of workplace accident victims. If you have been injured by a defective product or piece of equipment while on the job or if your employer has not put the safety of its employees first, choose Thomas J. Henry. The goal of our offices is to not only protect your rights, but to send a message to your employer so the same tragedy does not happen again.
I WAS INJURED ON THE JOB. WHAT DO I DO NOW?
There are certain steps you can take to help preserve your rights as a victim of a workplace accident. By following these guidelines, you can put yourself in a better position to achieve the compensation you deserve for your injuries. If you have been hurt on the job, follow these steps:
- Seek immediate medical attention for your injuries.
- Report the injury to your supervisor as soon as possible.
- Be sure your employer makes a written report of the accident.
- Collect names and contact information of any witnesses to the accident.
- Take photos of the accident area, including of any tools or equipment involved in the accident.
- Write a detailed account of how the accident took place.
- Contact an experienced work accident lawyer to discuss your rights as an injured worker.
COMMON CAUSES OF WORKPLACE ACCIDENTS
Injuries, minor and severe, can occur in any workplace setting. Here are some examples of common workplace accidents that occur in the United States:
- Brazing accidents
- Compressor accidents
- Crane accidents
- Cutting accidents
- Defective products:
- Fall-safety harness
- Nail guns
- Ladders and lifts
- Heavy equipment
- Dumpster accidents
- Electrical accidents
- Elevator accidents
- Fires and explosions
- Fork lift accidents
- Gas explosions
- Improper equipment maintenance
- Logging accidents
- Lack of safety equipment
- Lack of proper training
- Safety code violations
- Punch press malfunctions
- Run-over by operating equipment
- Scaffolding accidents
- Slip and fall
- Stand and seal grout exposure
- Structure failure
- Toxic substance exposure:
- Lead paint
- Mold spores
- Trench collapses
- Unsafe/dangerous equipment accidents
- Welding rod exposure:
- Manganese poisoning
WORKPLACE INJURY AND DEATH STATISTICS
The follow statistics regarding on the job accident injuries and fatalities in 2015 are provided by the Bureau of Labor Statistics (BLS) and the Occupational Safety and Health Administration (OSHA):
- Approximately 2.9 million non-fatal workplace injuries and illnesses were reported by private industry employers.
- An estimated 752,600 injuries and illnesses were reported in 2015 among state and local government workers
- 4,836 workers died on the job
- This is the highest fatality total since 5,214 workers died in 2008.
- More than 13 workplace deaths occurred each day.
- Industries with the highest fatal work injury rates (per 100,000 full time workers):
- Agriculture, forestry, fishing, and hunting — 22.8
- Transportation and warehousing — 13.8
- Mining, quarrying, and oil and gas extraction — 11.4
- Construction — 10.1
- Overall rate of fatal work injury for workers — 3.38
- Top causes of fatal occupational injuries:
- Transportation incidents — 42.4%
- Falls, slips, and trips — 16.5%
- Contact with objects and equipment — 14.9%
- Violence and other injuries by persons or animals — 14.5%
- Exposure to harmful substances or environments — 8.8%
- Fires and explosions — 2.5%
- States with the highest number of fatal workplace injuries in 2015:
- Texas — 527
- California — 388
- Florida — 272
- New York — 236
- Ohio — 202
WHAT ARE THE MOST COMMON ON THE JOB INJURIES?
Workplace injuries come in many forms and can vary widely in severity. No matter how severe your injuries are, if they were caused by an accident due to an employer’s negligent actions, you may be entitled to compensation. Common examples of on the job injuries include:
- Back injuries
- Broken bones
- Cumulative trauma disorder
- Fallen object accidents
- Loss of fingers and limbs
- Lung cancer
- Neck injuries
- Severed nerve
- Spinal cord injuries
EXPERT WITNESSES FOR YOUR WORKPLACE INJURY CASE
One of the most important aspects of advancing your on the job injury case is retaining the right expert witnesses. An expert witness, or judicial expert, is an additional witness who has expertise and specialized knowledge in a particular subject that an average person may not have. Experts can provide invaluable expert reports and testimony in court trials and arbitration.
Finding the right expert for your workplace injury case is vitally important. We secure the best expert witnesses from across the country. Before participating in your workplace accident case, each expert we engage with has undergone a thorough examination and questioning. At Thomas J. Henry, we have spent a tremendous amount of time selecting the best experts available. In addition, our attorneys are always looking for innovative ways to use experts in on the job accident cases.
If you have were hurt on the job, experts used in your personal injury case may include:
- OSHA consultants
- Accident reconstructionists
- Welding experts
- Confined space permit experts
- Engineering experts
- Safety equipment experts
- Occupational and environmental health experts
- Hazardous chemical experts
- Process safety management experts
These experts can provide detailed information about an on the job accident. Because of the experts we use, we are able to bring in information that many other law firms lack. We use a multitude of expert witnesses in each personal injury claim, putting our injured clients in the best position possible to achieve the compensation they deserve.
CONTACT AN EXPERIENCED WORKPLACE INJURY LAWYER
If you or a loved one have been injured while on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time. We will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review.
THOMAS J. HENRY – 2016 TEXAS’ TOP RATED LAWYERSAwarded In 2016 to Thomas J. Henry by Legal Leaders (An ALM Company)
THOMAS J. HENRY – PREMIER LAW FIRM OF 2016Awarded In 2016 to Thomas J. Henry by Newsweek.com
Workplace Injury FAQs
Do you have questions after being injured on the job? Check out the following FAQs. If you don’t find your answer below, contact us and speak with an experienced Texas work accident lawyer — available 24/7, nights and weekends.
- Who can I sue if I was hurt at a construction site?
If you are injured while working at a construction site, it is important that you and your legal counsel consider all of the potential defendants who may be liable for your injuries. These can include other subcontractors whose employees were negligent, the property owner, or the manufacturer and distributors of defective construction equipment and tools. Each case is different and it requires thorough investigation and careful review of the facts to identify the at-fault parties.
- What should I do after an industrial accident?
Immediately report your accident to your employer and get medical assistance. If you fail to report the accident — orally or in writing — it could adversely impact your right to recover compensation. You also have the right to choose your own doctor at the outset, and you should exercise that right to make sure you obtain the best treatment possible. Industrial employers and their insurance companies will look for ways to avoid liability. For instance, if you admit fault, they will seize on that information to try to deny or significantly reduce the amount of your claim.
- Can I recover damages in a personal injury lawsuit if I am collecting workers' compensation?
Yes. If a third party other than your employer caused your injuries, you may bring a “third-party” lawsuit against them. The benefits available under Workers’ Compensation are limited by state statute and do not include many significant damages such as pain and suffering or emotional distress. A third-party claim may be your only way to be fully compensated for your damages. In the case of a construction accident, examples of a third party include contractors or sub-contractors, safety contractors, engineers, or architects. Our on the job injury attorneys are experienced in determining third-party liability and can help you determine if you have a viable claim.
- Can I be fired for reporting a workplace injury?
For an employer to retaliate in any way or to try to dissuade you from reporting an injury is against the law. An employer who engages in such practices can be sued. If you have been harassed, threatened or terminated for reporting an injury or filing a disability claim, contact our workplace injury lawyers immediately.
- Do I need to hire a lawyer for an on the job injury case?
As laws regarding workers’ compensation are continuously being amended and revised there may be statutory limits in some cases. You are strongly advised to have an experienced workplace injury attorney review the injury compensation settlement agreement and discuss it with you before you agree to or sign anything.
- If I have a pre-existing injury that began bothering me when I was injured at work, is it covered by workers’ compensation?
Yes, if your work accident aggravated a pre-existing injury, it should be covered.
- How much money will I receive from workers’ compensation?
The amount that you receive from workers’ compensation depends on your income before you were injured, which body part was injured and how much use you lost. Other factors could include how long you were off work, whether you can return to work and whether you have any restrictions on your ability to work. Your medical treatments may also factor into your workers’ compensation settlement. If your employer’s insurance company offers you a settlement, the offer may be low. An experienced workers’ compensation lawyer can help you determine a fair settlement for your case.
- What should do if I’m injured on an oilfield or refinery?
If you were injured on the job at an oil refinery or oilfield, it is important to seek medical attention as quickly as possible and notify your supervisor. You need to inform your employer of the incident as soon as possible to ensure you can recover any workers’ compensation benefits you may be entitled to. It is also important to consider involving an attorney as early in the process as possible. You may have the right to recover a significant amount of financial compensation, and our experienced oilfield and refinery injury lawyers can help determine any recoverable damages.