Industrial Injuries

Many industrial workers get injured during work as they are highly exposed to heavy machinery. Workers sustaining industrial injuries could, however, get compensation claims for their injuries if they are able to prove that they are not responsible for the injury.  In many instances, a state law provides specific protection for workers injured on construction or industrial sites. This special protection is also referred to as worksite safety statutes and every country has its own terms and conditions. However, the general framework of these statutes offers every injured worker to initiate a lawsuit against the party responsible for the cause of industrial injuries.

The worker’s compensation statutes were enacted to offer help to those workers who were injured by providing some minimum level of protection. Under this statute a worker can claim compensation for his medical bills and also a portion of his lost wages. The basic idea behind this statute is that the injured worker can make a claim against the responsible owner or the contractor that has violated the provisions of the statute. The benefit of the worker’s compensation is that it will assist the worker while the prosecution of worksite safety lawsuit is on. The lawsuit will generally take more time to prove that the owner of the contractor violated the statute which resulted into the injury. This is an in-depth proceeding compared to the workers' compensation claim where the industry or the contractor generally pays by making only a small level of proof of being hurt at the job. In other sense, in Workers' Compensation you are not required to prove that the employer was negligent or they violated any rule or regulation.  However, in a lawsuit, you may not recover your compensation without such a finding.

A worker is able to recover far more compensation in worksite safety lawsuit than in the workers' compensation. Workers should remember that in workers' compensation they generally will pay you only your medical benefits and the claim of a small portion of the past lost wages.  The damages recoverable in a worksite safety lawsuit are much broader.  For example, a worker can get recover for his past and future pain or suffering, past and the future loss of enjoyment of his life, past and future mental or emotional suffering, past and the future medical expenses, and the total amount of his past and future lost wages. However, each state has its own “statutes of limitation”, so a worker’s lawsuit has to be reviewed according to the correct statute of limitations. Generally a worker is required to file his lawsuit within three years from the date of his injury.

Personal injury compensation claims are complicated and it is essential to use the services of a solicitor experienced in this type of claim. Excalibur Solicitors are a specialist practice dealing only with claims for victims of accidents and we will provide a free legal assessment of your case if you complete our Online Application Form. We will handle your claim on a "No Win No Fee" basis at no cost to you.

The information in this article is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice.