Can you File a Lawsuit if you get hurt at an Industrial Plant, Construction Site or Paper Mill?
Working in an industrial plant, construction site, or paper mill environment comes with risks, and accidents are not uncommon. Despite strict safety protocols and regulations, equipment failures, unsafe working conditions, and other factors can contribute to workplace injuries. When a worker is hurt, it’s natural to wonder about their legal options. Can you file a lawsuit if you get hurt at an industrial plant, construction site or paper mill? In this blog post, we’ll discuss your rights as an employee, workers’ compensation, and potential claims for damages against third parties.
If you’re injured while working, you may be covered under worker’s compensation with your direct employer. However, this coverage is subject to your employer carrying workers’ compensation coverage. It applies to both W2 and 1099 employees. Workers’ compensation is intended to provide you with medical and wage loss benefits, regardless of fault. The direct employer doesn’t need to be at fault for a worker’s compensation claim to be successful.
However, if your injury was caused, in whole or in part, by the negligent acts or omissions of persons, contractors, or employers that are not your direct employer, there may be a claim for damages against those parties. A negligence tort lawsuit is a more complicated issue, and it’s best to hire legal counsel to investigate this. Potential liability may include dangers caused by the failure to maintain, warn, or restrict access to defective equipment and dangerous areas, insufficient or defective equipment, instructions, and warnings provided for the jobsite or scope of work and workers of other contractors and employers that create dangerous working conditions.
Another potential issue that may result in a legal claim is if there is a failure to implement jobsite-wide safety practices such as stop work authority, see something say something, and emergency response protocols. This usually arises if an employer is breaking one or many of the OSHA, ANSI, ASTM, or other industry standards. These safety measures must be carried out by employers and workers to ensure a safe work environment. Failure to do so can result in an accident and subsequent injury, leading you to legal options.
Workers Compensation Lawsuits
In sum, all employees are entitled to a safe work environment under state and federal law, regardless of the industry they work in. When there is a workplace injury, a lawyer can help investigate the extent to which there are responsible parties and avenues for recovery. The bottom line is, if your injury was caused in part or entirely by the negligent acts or omissions of third parties, there may be a claim for damages against them.
If you work in an industrial plant, construction site, or paper mill, and you’ve been injured, it’s essential to understand your legal options. Workers’ compensation may provide immediate relief for medical expenses and lost wages. However, if third parties were responsible for your injury, you may be eligible to file a lawsuit and recover damages. A qualified lawyer can help you investigate the incident and determine your legal rights and opportunities. If you’re in South Carolina, contact us today to learn more about how we can assist you with your case.
