The DJF Law Firm, PLLC

Houston Industrial Accident Lawyers

If you were hurt while working in a factory or manufacturing plant, contact The DJF Law Firm, PLLC to discuss your case with us. You might be entitled to benefits through your employer’s workers’ compensation insurance. If your employer doesn’t have workers’ compensation insurance and someone else’s action or inaction caused the accident, you could file a third-party insurance claim or lawsuit to seek money for your injuries.

Industrial jobs are dangerous occupations. Although the Occupational Health and Safety Administration (OSHA) provides standards to keep workers safe, injuries and fatalities can occur.

At The DJF Law Firm, PLLC, we understand the long-term effects of an industrial accident. A serious injury could prevent you from returning to your job or caring for yourself. We can help you file a workers’ compensation claim or hold a third party liable for causing the accident.

Call The DJF Law Firm, PLLC at 832-529-3476 today for your free consultation with one of our Houston work injury lawyers to learn more about your available options.

Common Types of Industrial Accidents

An industrial accident can occur under various circumstances. A range of factors might contribute to dangerous working conditions or a situation that leads to a worker’s injuries.

The most common types of industrial accidents include:

  • Defective equipment or machines
  • Explosions and fires
  • Scaffolding accidents
  • Drilling rig accidents
  • Fall from heights
  • Exposure to toxic chemicals
  • Electrocution accidents
  • Slip/trip or falls
  • Falling objects

You should contact The DJF Law Firm, PLLC no matter what type of accident caused your injury. We can review your case and determine whether you qualify for workers’ compensation benefits.

Unfortunately, not all employers provide coverage since Texas law does not require it. You might have other options for recovering the compensation you deserve.

Common Causes of Industrial Accidents

Industrial accidents often result from human error. Someone could make a dangerous mistake or overlook a problem. The most common causes of industrial accidents include:

  • Inadequate fire protection equipment or safety measures
  • Damaged or missing safeguards on machinery and tools
  • Improper ventilation in areas that contain toxic chemicals
  • Poor communication between management and employees
  • Lack of training and supervision
  • Storing flammable or combustible materials incorrectly
  • Inadequate or defective personal protective equipment
  • Insufficient maintenance in the facility and on machinery
  • Missing signs warning of potential hazards
  • Operating vehicles or equipment incorrectly

The DJF Law Firm, PLLC understands the trauma you experienced in the industrial accident. It can take a significant toll on anyone’s life. We will handle every aspect of your claim so you can focus on recovering. Let us do the legal work for you.

Workers’ Compensation Benefits for Industrial Accidents

You could receive income and medical benefits in a workers’ compensation claim. Your injury must have occurred while you were performing your job-related tasks for you to be eligible for these benefits.

Income Benefits

Four types of income benefits are available for workplace injuries and illnesses.

Temporary Income Benefits

You can collect temporary income benefits (TIBs) if you have an illness or injury lasting more than seven days. The payments you receive are 70 percent of the difference between your pre and post-accident average weekly wage (AWW).

You’re eligible for TIBs until one of these factors applies to your situation:

  • 104 weeks have passed since the eighth day of having a work-related injury
  • You start making your AWW
  • Your physician places you at maximum medical improvement (MMI), indicating your condition likely won’t improve with further treatment

Impairment Income Benefits

Impairment income benefits (IIBs) cover medical conditions that affect the body as a whole. The payments you receive are 70 percent of your average weekly wage. The duration of benefits depends on your impairment rating.

An impairment rating is a percentage between one and 100 that your doctor gives you. The rating indicates the level of impairment caused by your injury or illness. You can collect three weeks of IIBs for every percentage point of your impairment rating.

For example, if your doctor provides a 10 percent rating, benefit payments will continue for up to 30 weeks.

Supplemental Income Benefits

Your supplemental income benefits (SIBs) can begin once your IIB coverage ends. You must meet these requirements to qualify for benefits:

  • Have an impairment rating of 15 percent or higher
  • Have not accepted a lump-sum payment for your job-related medical condition
  • Currently looking for work
  • Haven’t returned to your job or returned but earning less than 80 percent of your AWW because of your injury

Lifetime Income Benefits

You could collect lifetime income benefit (LIB) payments if you have any of the qualifying injuries below:

  • Third-degree burns that cover at least 40 percent of the body and require grafting
  • A spinal injury that causes permanent and complete paralysis of both legs, one leg and one arm, or both arms
  • Total and permanent loss of vision in both eyes
  • Loss of both hands at or above the wrist
  • Loss of one hand at or above the wrist and loss of one foot at or above the ankle
  • Third-degree burns covering both hands or most of one hand and the face
  • A physically traumatic injury to the brain causing incurable imbecility or insanity
  • Loss of both feet at or above the ankle

Payments are 75 percent of your AWW. Payments increase by three percent each year.

Medical Benefits

Eligibility for medical benefits is automatic. You are entitled to coverage for all necessary and reasonable workplace injury treatment.

If your workers’ compensation insurer has designated a healthcare network, they will only pay for your expenses if you see a doctor in that network. You could choose to seek treatment with your own physician. However, you could pay out of pocket if you don’t get approval first.

Death Benefits

Death benefits compensate the surviving family members for the wages they lose due to an industrial worker’s death. You could collect death benefits if you are a surviving:

  • Spouse
  • Dependent grandchild
  • Children under 25 and enrolled in an accredited college or university
  • Minor child
  • Another dependent relative
  • Non-dependent parent only if there are no other surviving family members

Typically, payments are 75 percent of the employee’s average weekly wage before death.

Burial benefits are also available for the individual who pays for burial costs.

Compensation in a Third-Party Lawsuit

Workers’ compensation law prohibits injured workers from suing their employer for job-related injuries if they collect workers’ compensation benefits. If a third party’s negligence contributed to the industrial accident, you might be able to pursue legal action against them.

You could file a third-party lawsuit against the negligent individual or company for compensation for your:

  • Mental anguish
  • Hospitalization, rehabilitation, surgery, and other medical expenses
  • Pain and suffering
  • Lost wages
  • Lost earning capacity

You can also recover exemplary damages in a third-party lawsuit. To receive this type of financial award, you must show clear and convincing evidence of the defendant’s fraud, malice, or gross negligence.

Contact Us

The Houston industrial accident attorneys of The DJF Law Firm, PLLC can assist you with your workers’ compensation claim or third-party lawsuit. You deserve money for the trauma you endured at work. You can count on us to protect your rights and fight by your side until the end.

Call The DJF Law Firm, PLLC today at 832-529-3476 for your free consultation if you sustained injuries in an industrial accident while performing your job duties.