Industrial Accident Attorney in New Orleans

New Orleans Industrial Accident Attorneys

The Occupational Safety and Health Act of 1970 significantly reduced employee exposure to workplace hazards in the United States. This milestone legislation greatly impacted employers across all industries, making workplaces safer for everyone and nearby communities. Science, equipment, and technological advances only helped to increase these measures.

Unfortunately, people still get hurt in industrial-related accidents.

Every day, hundreds of thousands of workers across the country slip, fall, and are electrocuted. They climb unsafe scaffolds and are crushed by falling objects. They operate defective machinery with outdated safety regulations and are hit by flying debris. Many of these hazardous incidents leave hardworking Americans burdened by life-altering injuries and struggling to cope with new financial pressures they never could have anticipated.

At Lamothe Law Firm, we believe corporations owe their employees a safe workplace and that profits shouldn’t come at the expense of responsible management. If you were injured in an industrial accident, here’s what you need to know about recouping your losses and how the Lamothe personal injury attorneys can help you obtain the justice you deserve.

Have you been injured in an accident at a plant, industrial facility or construction site? If this is the case, then you are likely aware of problems associated with an accident of this nature. Inability to pay bills, company doctors not treating you fairly, employer not returning your calls, insurance company giving you the runaround.

Common Workplace Hazards Cause Catastrophic Industrial Accidents

The tiny flame atop a match might be small and insignificant, but under the right circumstances, the explosion it ignites may be ruinous. Unfortunately, industrial accidents are similar and small, commonplace hazards often trigger some of the most catastrophic workplace disasters.

On any given workday, hardworking Louisiana residents are at risk for some of these industrial accidents:

Defective Equipment. Newer, safer machinery costs money, and some employers are reluctant to make that investment. Instead, they provide employees with defective, unsafe, and flawed equipment, justifying their decision as cost-efficient and “good enough.” This exposes unsuspecting workers to dangerous hazards like amputation, crushing injuries, and other severe, life-threatening trauma.

Falling Objects. Overhead work activity increases the risks for workers on lower levels, where falling objects are a serious workplace hazard. Falling objects are easy to prevent, but the number of workers injured annually in these incidents is still too high to count.

Flying Debris. Flying debris encompasses airborne particles, including cement dust, wood chips, wood shavings, metal slivers, mineral dust, and so much more. According to the U.S. Bureau of Labor Statistics, this common workplace hazard caused nearly 20,000 employees to miss at least one day of work in 2020 alone. Airborne particles are difficult to control, and these injuries aren’t always avoidable. However, employers can significantly reduce these risks by providing workers with high-quality personal protection gear, face shields, safety glasses, and goggles.

Toxic Exposure. Despite OSHA regulations and limitations on toxic chemical exposure in the workplace, many employees are burned by these harmful substances. Eye, face, and skin injuries are some of the most common, but in extreme cases, toxic chemical exposure can result in deadly, long-term diseases. Proper gear, equipment, and adherence to regulations are critical to keep workers safe in these environments.

Unsafe Machinery. Industrial machinery is inherently dangerous. For example, food slicers, meat grinders, and many types of logging equipment carry inherent risks that are difficult to eliminate. However, many of these inherent risks can be mitigated with the right workplace training, proper use of safety gear, and machine maintenance.

Forklift Accidents. Forklifts commonly cause industrial workplace accidents. Two main contributors to these accidents are improper operator training and failure to follow employer-established safety guidelines.

Plant Explosions. When it comes to industrial accidents, plant explosions account for many serious injuries and deaths. Too often, these events happen because proper working procedures were not followed. In other cases, the plant owner was negligent and didn’t follow safety regulations or pursue appropriate risk management. As a result, workers suffer catastrophic consequences, including loss of limb, life, and property.

Workers’ Compensation Claims

In Louisiana, most employers must carry workers’ compensation insurance. Workers’ compensation helps cover injury damages when an employee is injured on the job and covers some of these expenses:

Medical bills for any injuries sustained from on-the-job accidents.
Lost wages for when an employee is recovering and cannot return to work.
Disability benefits for long-term injuries or total disabilities.
Ongoing care, such as physical therapy or vocational rehabilitation.
Illnesses resulting from toxic chemical exposure or other harmful materials.
Repetitive stress injuries built up over months or years.

Workers’ compensation insurance covers all full-time, part-time, and seasonal employees. If you were injured in an industrial accident while on the job, you’re likely entitled to recoup losses through this process.

What Happens if My Employer Denies My Claim?

To receive workers’ compensation benefits, you must file a claim with your employer within 30 days. Any claims filed outside that time frame will likely be denied, so it’s important not to miss that deadline.

Unfortunately, it’s not unusual for an employer to deny your claim or refuse to continue paying for expenses required by law—even if you filed your claim correctly. If this happens, you may need to file an appeal or seek legal action.

While workers’ compensation will likely cover many of your expenses, it may not be enough. Workers’ compensation is limited and doesn’t cover all losses (such as pain and suffering or property damage). Depending on the circumstances, you may be entitled to recoup additional losses by filing a legal claim.

An experienced New Orleans industrial accident attorney can help you decide whether a personal injury claim is right for your situation and help you fight for what you’re owed.

Is My Employer Liable for My Industrial Accident Injuries?

Sometimes, accidents happen. But you may be entitled to additional damages if someone else was at fault for your industrial accident.

In personal injury law, “damages” refers to the money a defendant must pay an injured party as compensation for their injuries and losses. You can collect these additional damages by filing a lawsuit and holding the at-fault party accountable for their actions.

These additional legal actions might be relevant if:

Someone Other Than Your Employer Was at Fault. A personal injury claim holds an outside third party accountable for their fault in causing an accident. This covers all personal harm, including medical bills, lost wages, and pain and suffering. To be successful in this type of claim, at least one party must be at fault.

A Defective Product or Machine Contributed to the Accident. If a defective product contributed to your industrial accident, a product liability claim might apply. These situations include explosions caused by faulty wiring or defective machinery parts causing accidents. This legal action holds manufacturers and suppliers accountable for any accidents their defective products might cause.

Unsafe Property Conditions Played a Role in the Accident. Some accidents happen because of unsafe conditions on the premises. Landowners are required to keep their properties safe from unreasonable hazards. If a landowner’s negligence contributed to your industrial accident, you may be able to recoup additional damages from them.

An Employee Died During the Accident. If a catastrophic industrial accident results in death, an employee’s family might be entitled to recover damages for that loss. Wrongful death damages can cover funeral and burial costs, lost wages, pain and suffering, and loss of companionship.

Whether or not these claims succeed will depend on several individualized factors, including who was at fault for the accident and whether your personal fault contributed in any way.

What if Multiple Parties Are at Fault?

Determining who’s at fault for an accident isn’t always clear-cut. Sometimes, more than one person (or group) is at fault for the incident. In other situations, the injured party may have played a role.

If multiple parties are to blame, the Louisiana court will divide damages according to the percentage of their fault in the incident, as system known as comparative fault. If you sue a party that is found liable, you can only recover that portion of the damages for which they are responsible. If you include a party in your lawsuit and that party is assigned a percentage of fault, you can collect any compensation from them.

However, it’s important to note that you cannot recoup the same damages from two different sources. Any damages you recoup from third-party claims can only cover what workers’ compensation does not.

Don’t Let the Clock Expire on Your Damages

Timing is everything. If you were injured in an industrial accident, you may be entitled to recoup some of your losses through workers’ compensation or a third-party personal injury suit. However, you need to act fast.

A Louisiana workers’ compensation claim must be reported to your employer within 30 days of the accident. If you wait longer than that, you may lose the right to file.

Third-party personal injury claims also have limits. In Louisiana, the statute of limitations for suing for personal injury damages is typically one year from the date of the accident. This limitation protects would-be defendants from irrelevant claims and encourages victims to resolve their complaints in a timely manner.

While you can technically file at any time within that one-year limit, it’s much better to file sooner rather than later. Timely filing shows the court that you’re making a good-faith effort to resolve your claim and gives you the best shot of preserving valuable evidence and witness testimony.

Why Hire Us

Experience

We have over 100 years of combined experience.

Track Record

We have recovered over 100 million dollars for our clients.

Reputation

We have a national reputation for excellence.

Talk to an Experienced New Orleans Industrial Accident Attorney

If you were injured in an accident at a plant, industrial facility, or construction site, you know firsthand how stressful and burdensome this new reality can be. In the wake of industrial accidents, financial difficulties, disrespectful doctors, uncaring insurance companies, and unresponsive employers are all too common. The good news is you don’t have to fight this battle alone.

For questions about industrial accidents and how you can recoup your losses, we want to hear from you. Contact Lamothe Law Firm today for a free consultation. Let our team of highly experienced personal injury attorneys help defend your rights and ensure you get the compensation you deserve.