Nashville Workplace Injury Attorney
Injured at work? You could receive more than workers compensation.
The Occupational Safety & Health Administration (OSHA) has been setting and enforcing safety regulations since its creation in 1970. While OSHA plays a pivotal role in reducing workplace accidents, accidents do happen on work sites across the country. When these accidents happen, available workers compensation programs help injured workers by covering the cost of most medical treatment and expenses arising from the injury. However, if a worker is injured due to the negligence of someone other than their employer, this cause of action is called a third-party injury claim, and they have the right to seek compensation directly from the negligent party. A Nashville workplace injury lawyer will be able to pursue avenues of compensation other than your workers compensation plan.
What Is Workers Compensation?
Workers compensation is a type of insurance that provides workers injured on the job with compensation for necessary medical treatment. But workers compensation isn’t given for free, by enrolling in the workers compensation program, workers lose the right to sue their employer for negligence. While not all states requires businesses to subscribe to workers compensation, all Tennessee workers must be covered under workers compensation.
Types of Workplace Accidents
While some industries are more inherently dangerous than others, all workers have the right to a safe workplace. The proper safety equipment and training can go a long way to keeping workers safe, but when safety regulations are ignored, accidents can happen. Some types of workplace accidents include:
- Heavy machinery accidents – To meet manufacturing needs, workers rely on heavy machines and products to get the job done. However, if these machines and products are not properly manufactured and/or maintained, they can pose a significant risk of injury to the workers that use them and work around them on a daily basis. If a heavy machine like a smelting furnace has a manufacturing defect that causes workers to suffer third degree burns while operating it, the manufacturer of the smelting furnace can be help responsible for the damages under a theory of products liability. In addition, the facility owners and/or operators can also be sued for their negligence that caused or contributed to the manufacturing burn injury.
- Construction accidents – Most commonly, construction accidents are caused by neglecting safety protocols and standards. It is an employer’s responsibility to provide workers with all safety equipment and training required to perform their jobs. However, for a number of reasons, employers don’t always follow these regulations, or enforce these regulations with third parties working on construction sites. In addition to lax safety standards, hazardous materials and malfunctioning equipment can pose serious dangers to the workers that use them and work around them.
- Coal mine accidents – Coal mines can present a variety of hazards to workers, so extra caution needs to be exercised to ensure all workers remain safe. However, sometimes even small acts of negligence could have catastrophic consequences in coal mines. Defective blasting equipment, drills or excavating machinery could cause a mine explode or collapse, trapping workers inside.
- Workplace vehicle accidents – Many industries rely on the use of large vehicles and trucksto complete tasks like transporting products and demolishing buildings. These massive machines make a wide variety of jobs possible, but they also carry a high rate of injuries and fatalities for those who operate and work near them.
Injuries Caused By Workplace Accidents
There are a variety of injuries a worker could suffer due to the negligence of a third party. Burns, amputations, and broken bones are some of the most common injuries suffered on the jobsite. Many injuries will require ongoing medical treatment or specialty medical equipment. While workers compensation can help offset these costs, it does not compensate for pain and suffering and it doesn’t hold the negligent party directly responsible.
Nashville Attorneys for Workplace Injuries
Many workplace accidents are completely avoidable with the appropriate safety measures in place. However, just because a case appears to be cut and dry doesn’t mean a workplace accident lawsuit will be simple. The laws regarding workers compensation are complex, and certain actions can affect your ability to collect compensation. Teaming up with an experienced legal team can ensure you get the compensation you deserve.
If a negligent third party injured you or someone you know while at work, you need an experienced legal team to help protect your rights. The attorneys at Whitfield Bryson LLP have handled many complicated workplace negligence claims, and know how to get you on the road to recovery. Contact us today for a free consultation.