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Industrial Equipment Injury Lawyer in St. Louis, MO
Data from the 2020 Missouri Survey of Occupational Injuries and Illnesses (SOII) revealed 53,600 nonfatal occupational injuries with a 2.8 incidence rate per 100 full-time laborers. A total of 34,500 cases with an incidence rate of 1.8 were the most severe cases involving time away from work, job transfers, or restrictions commonly known as DART cases. In 2021, the US Bureau of Labor Statistics capped the fatality rate in industrial accidents at 5,190, an 8.9% increase from 2020.
Industrial equipment is integral in many businesses and companies. But when they malfunction, they can cause severe injury or death to employees who use them. Improperly maintained industrial machinery, inadequate training, and negligence can lead to severe and fatal injuries.
Injured workers in industrial accidents can seek compensation for medical bills, lost wages, and other damages. A St. Louis personal injury lawyer can explain your legal rights and determine if you have a valid personal injury claim.
What Causes Most Workplace or Industrial Accidents in St. Louis, Missouri?
The most common causes of industrial workplace accidents in St. Louis include the following:
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Unsafe working conditions: Cluttered floors, wet or slippery surfaces, poorly maintained machinery, and insufficient lighting can lead to severe accidents. An employer must ensure that their work environments are safe and free from hazards.
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Improper training: Employees must be adequately trained in the use of industrial machinery. Without adequate training, they might not understand the potential risks of operating industrial machinery.
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Negligence: Employers are negligent if they do not take the precautions required by the Occupational Safety and Health Administration (OSHA) to protect their workers and ensure the equipment is well-maintained and operated correctly.
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Defective equipment: Defective industrial equipment causes serious workplace accidents. Employers must inspect equipment for potential defects and take steps to address them.
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Human error: Workers must understand the potential risks associated with operating industrial equipment and endeavor to protect themselves and their coworkers.
If you have been injured in an industrial accident, contact an experienced personal injury attorney to help you prove liability.
How Does an Industrial Injury Claim Work?
After an industrial accident, injured workers in St. Louis, MO, have two options to seek compensation as follows:
Workers’ Compensation
Missouri Workers’ Compensation Act requires most employers with five or more employees to carry workers’ comp insurance. Worker’s comp helps compensate employees who suffer workplace injuries to help cover their medical expenses, lost income, and other related losses.
The insurance company will require the injured party to provide evidence their injury was due to the industrial accident, such as an accident report and a medical report from a physician.
Personal Injury Claim
Suppose a third party, such as an equipment manufacturer or external contractor, held some responsibility for the industrial accident. In that case, the injured worker might be able to file a third-party claim (lawsuit) to recover compensation for the damages caused by the accident, such as payments for pain and suffering.
The injury victim or their lawyer must prove that the third party acted negligently in some way and their negligence caused your injuries. To prove negligence, the victim must establish the following:
- The third party owed a duty to the victim
- The third party breached their duty
- Their breach caused the injury
- The victim suffered injury and damages
Damages You Can Pursue for Your Injuries
Overall, what you can pursue in damages depends on the severity of the injury and state law. Generally, you may be entitled to recover lost wages, medical expenses, and pain and suffering.
Missouri applies the doctrine of pure comparative negligence to calculate damages. Comparative negligence is a legal principle that allows a plaintiff to recover damages to the extent that they are partially at fault for an accident. A plaintiff can recover a portion of their losses even if they are more than 50% at fault.
You may sometimes pursue punitive damages intended to punish the at-fault party. Obtain the advice of an experienced workers’ compensation lawyer to determine the extent of your damages claim.
Benefits of Hiring a Missouri Personal Injury Lawyer
A personal injury lawyer will explain your legal rights and help you file a worker’s compensation or personal injury claim.
We look for legal exceptions in the worker’s compensation system and evidence of third-party liability. We pursue personal injury claims against third parties that may share responsibility for your injuries.
If you are seeking a team of experienced personal injury lawyers to advocate for your legal rights, look no further than Buchanan, Williams & O’Brien. We are proud to have secured a substantial $165,000 win for a truck driver injury for a driver who sustained a ruptured disc as a result of a defective top bunk latch.
In addition, our team obtained a workers’ compensation settlement upheld by an appeals workers’ comp judge exceeding $1,000,000 for another client. Our commitment to achieving just outcomes for our clients remains unwavering, and we stand ready to provide exceptional legal representation in all personal injury matters.
We can also help you negotiate with the third party’s insurance company to ensure you receive the maximum compensation for your injuries.
As a team with extensive experience in workers’ compensation benefits, we advocate for clients to contest settlements that are deemed inequitable. Our approach aims to ensure that appeals are executed in a manner that supports the upholding of your workers’ compensation settlements.
Contact the Missouri law firm of Buchanan, Williams & O’Brien for a free consultation today.
Frequently Asked Questions
How Soon After My Workplace Injury Should I File for Compensation?
In Missouri, workers injured on the job have three years to file a claim for workers’ comp benefits. Their claim could fail under the statute of limitations if this period elapses.
Therefore, one should take swift action and file a claim in the shortest time possible from the date of the workplace injury. Waiting a long time to file the claim could derail one’s rights and eligibility for compensation.
How Much Is My Injury Case Worth?
The value of any personal injury case is affected by many factors, including the number of medical bills and wage loss, the nature and duration of medical treatment, whether you can return to daily activities, etc. Such factors, or “damages,” determine the potential value of your case.
Should I Accept the Insurance Company’s Offer?
When you are presented with an offer from the insurance company, you should not accept it immediately. An insurance company’s objective is to pay out the least amount of money possible to claimants. They may use pressure tactics to imply that you could lose your claim opportunity if you don’t settle early. You cannot lose your chance for a claim by not settling.
You need time to know the full extent of your injuries and the treatment required. If you settle and find out later that your injuries were more extensive than initially thought, you cannot re-open the case and ask for more money. Ask the insurance company for time to discuss with family members and seek legal advice from a personal injury lawyer.
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