Maryland Industrial Accident Lawyer
Industrial accidents can happen at any time, even when you follow all the safety rules and procedures set by your employer. An industrial accident by definition is an accident or incident that has occurred in a factory or some type of production or industrial facility. Often, when people use the term industrial accidents, they are referring to a general term for a host of work place accident that can range from a fire to a building collapse. If you have been injured in an industrial accident, or someone you love was hurt on an industrial job site in Maryland, a Maryland industrial accident lawyer may be able to help you secure compensation for the harms and losses that you or your loved have suffered.
Top Industrial Accidents in MD
According to the federal office of Occupational Safety and Health Administration (OSHA), the 10 most common OSHA violations in 2013 that led to industrial accidents involved:
- Ladders placed improperly.
- Lack or protection from falls.
- Lack of machine and machinery guarding.
- Failed to meet scaffolding requirements.
- Flawed electrical system designs.
- Lack of control of hazardous energy.
- Powered industrial trucks.
- Dangerous electrical wiring methods and systems.
- Lack of respiratory protection.
- Lack of hazard communication standards.
Maryland industrial accident injuries can range from broken bones and bruises to death. There are two primary issues that come into play in most Maryland industrial accidents:
- Reckless or negligent actions
- Unsafe workplace conditions
An accident that involves reckless or negligent acts may be due to a failure to follow the employer’s procedures. These acts are sometimes the fault of the employee. However, your employer may also be liable for acts that cause these injuries. Unsafe conditions are situations where you had inadequate protection or were forced to work in a hazardous environment. In other words, you were following proper procedure while working, but the conditions where you worked were so dangerous that an incident occurred. A Maryland industrial accident attorney will be able to quickly glean what type of situation led to your accident and injury and whether you are likely to be successful in a personal injury claim.
If you have experienced an injury in your workplace such as a slip and fall, illness, or burns from a fire, chemical spill, or explosion, you should retain a lawyer as soon as possible. Workplace failures such as these sometimes goe unnoticed because victims don’t know how to resolve the issue or push for safer conditions. Unfortunately, your injury may not have been the first time this happened at your job. It can, however, be the last if you make your employer accountable for the harms and losses you suffered. Call (301) 358-0130 to speak with a Maryland industrial accident lawyer today.
What’s the Difference between Workers’ Compensation and a Personal Injury Lawsuit?
Maryland industrial accidents typically fall into one of two categories: workers’ compensation and personal injury lawsuits. A workers’ compensation claim doesn’t involve proving fault or negligence. Those claims are part of a state-controlled insurance program that compensates you for certain job-related illnesses or injury. It doesn’t matter if you caused your injury or a co-worker or your employer was responsible for the injuries. If you have received workers’ compensation benefits, you often are barred from then suing your employer for any injuries you suffered as a result of an industrial accidents you suffer.
Workers’ compensation also typically pays your medical and hospital expenses connected with your work-related injury. If you become disabled because of your injury, it may pay you a portion of your regular wage, which is known as disability payments. However, workers’ compensation does not provide for pain and suffering or mental anguish you suffered as a result of your injury, whereas a personal injury claim can include those harms and losses and many others. A personal injury claim also rests on the basis that your employer was negligent in their duty to provide you with adequate care and protection, which then caused your accident and injury.
In some cases, it may be better to sue your employer regarding your job-related injury rather than pursue a workers’ compensation claim. In a personal injury lawsuit, you and your Maryland industrial accident lawyer are suing for:
- Damage recovery for medical bills and lost wages
- Pain and suffering
- Mental anguish
- And, if possible, punitive damages
What are Some Situations Where I Could File a Personal Injury Claim?
- If you were injured by a defective product while working.
- If your employer or a co-worker was negligent in their duty.
- If you were injured at work by a toxic substance or hazardous material.
- If your employers isn’t part of the state’s workers’ compensation system.
- You were injured by a third-party related to your work, in this situation there may be many liable parties involved.
Schedule a consultation with an industrial accident attorney if you are not sure whether you industrial accident injury falls under workers’ compensation or personal injury law. The circumstances surrounding any Maryland industrial accident will often dictate whether you are likely to collect damages in a civil suit or if you should pursue workers’ compensation. For instance, you suffered a slip and fall because your employer neglected to address a leak at your a construction site. Or perhaps your employer failed to invest in the property equipment for a job, and you were hurt when using out-of-date or the wrong equipment for the job you were tasked with completing. There are many other circumstances that can lead to an industrial accident, and a dedicated Maryland industrial accident lawyer is best-suited to investigating these details and providing you with a fair assessment of your potential claim.
According to OSHA, industrial accidents that resulted in injuries have decreased from 1972 to 2011 by 10.9 incidents per 100 workers. This is good news and a sign that many employers are taking safety regulations seriously. Sadly, that does not mean that all workpaces are safe and that industrial accidents, or incidents, no longer occur. If you have been hurt as a result of an industrial accident you reserve the right to protect yourself by seeking a workers’ compensation claim or filing a personal injury claim. Talk to a Maryland personal injury lawyer about industrial accidents and your best option for receiving the compensation you need and deserve. Remember, workers’ compensation may not be your only legal recourse if you have suffered injury stemming from an industrial accident.