When steel, wood, or metal products are being manufactured or transformed into other products, the workers in these fabrication shops are exposed to numerous hazards. Accidents are unfortunately all too common in these settings, and they can have devastating consequences for the workers involved and their families. It’s essential to understand the dangers and causes of fabrication shops as well as potential liability as well as the importance of having a Houston fabrication shop accident lawyer by your side when you or a loved one has experienced a workplace injury.
At Callahan Law Firm, we are deeply committed to representing and caring for individuals and families affected by serious injuries, including those stemming from fabrication shop accidents. Our approach is tailored and personal; we consciously handle a limited number of cases to ensure that each client receives our full attention, dedication, and resources. For help after an accident, contact The Callahan Law Firm to schedule a free consultation.
Common Injuries Caused by Fabrication Shop Accidents
Fabrication shop accidents can result in a wide range of injuries, some of which can be life-altering and require extensive medical treatment. Common injuries sustained in these accidents include:
- Broken bones and fractures
- Lacerations and severe cuts
- Burn injuries from welding, molten materials, fires, and explosions
- Eye injuries from exposure to bright arcs or sparks
- Hearing loss due to excessive noise
- Respiratory issues from exposure to toxic fumes or dust
- Traumatic brain injuries (TBIs) or concussions
- Amputations if hands, fingers or limbs are caught in machinery
Understanding the dangers that permeate fabrication shops can be the first step to ensuring a safer work environment. However, the reality is that accidents still occur, and understanding the causes of these accidents is essential for protection and to ensure you take the appropriate legal steps should this type of accident happen to you.
Causes of Fabrication Shop Accidents in Houston
In spite of the known hazards present in fabrication shops, accidents often happen due to a combination of factors. The most common causes of fabrication shop accidents include:
- Insufficient safety training for workers
- Poorly maintained or outdated machinery
- Defective machinery, tools, and equipment
- Lack of necessary safety equipment, such as protective gear or ventilation systems
- Overcrowded workspaces with limited space for employees to safely maneuver
- A lax safety culture that prioritizes production speed over worker well-being
Knowing what causes accidents in this environment not only helps to prevent a serious injury from occurring but also allows injured parties to identify potentially negligent parties when pursuing a claim.
Who Is Liable for a Fabrication Shop Accident in Houston
When dealing with an unfortunate accident at a fabrication shop in Houston, finding the party responsible for the damages or injury can be a confusing task. While an experienced Houston area lawyer can help you with this step, it’s helpful for you to understand your options and the various parties that could potentially be held accountable so you can make informed decisions. Potential liable parties usually include the following:
Employer Liability
Employers have a responsibility to maintain a safe working environment for their staff by implementing and enforcing safety measures, training, and policies. If an employer fails to uphold this responsibility and an accident occurs, they may be held liable for the injuries sustained. Examples of an employer’s negligence include failure to provide required safety equipment, lack of training, or forcing employees to work in hazardous conditions. However, if your employer has workers’ compensation insurance, your only option to pursue a claim against your employer is to file a workers’ compensation claim. With this type of claim, you can recover some of your lost income and medical expenses. However, because Texas does not require employers to have workers’ compensation in most situations, if you’re hurt on the job, you may also have the option to file a personal injury claim instead if your employer does not carry worker’s compensation insurance.
Sub Contractor Liability
In some fabrication shops, tasks may be outsourced to sub contractors. If a sub contractor’s negligent behavior led to your accident and injuries, they could also be held responsible. Examples include faulty installation of equipment, improper training of their staff, or failure to follow industry safety standards to protect workers’ health and safety as outlined by Occupational Safety and Health Administration (OSHA).
Maintenance Company Liability
Fabrication shops rely heavily on their machinery, and maintenance companies play an essential role in ensuring that these machines operate safely and efficiently. If a maintenance company failed to properly inspect, maintain, or repair a machine, resulting in an accident, they could be held liable if you suffered an injury.
Partial Liability of The Injured Party
In some situations, you could be partially responsible for the accident that led to the injury. In Texas, modified comparative negligence allows for an injured party to recover damages even if they are found to be partially at fault, though the recovered amount will be reduced based on their percentage of fault.
Understanding the wide variety of potentially liable parties can help you determine what steps to take next.
What to Do After a Fabrication Shop Accident
Fabrication shop accidents can be life-altering events and injured workers may be left with physical, emotional, and financial burdens. As a worker in a Houston fabrication shop, it is crucial to be aware of your rights and the steps to take in the unfortunate event of an accident. Here’s what you should do:
- Ensure your safety by moving away from potential hazards or ongoing operations to prevent further injury.
- In cases of immediate danger, such as a fire or chemical spill, activate safety alarms and evacuate the premises according to established safety protocols.
- Evaluate your injuries and seek appropriate medical care; even minor injuries may require medical evaluation to prevent long-term complications.
- Report the accident to your supervisor or manager.
- If possible, document the scene by taking photos or videos of the accident scene, including any equipment, machinery, tools, or conditions that may have contributed to the accident.
- Obtain the names and contact information of any witnesses who can provide statements about the accident.
- Contact an attorney. A Houston fabrication shop accident lawyer can provide in-depth legal advice on your rights and potential compensation claims.
Facing a fabrication shop accident is a frightening ordeal, but remember – you aren’t alone. Knowing what steps to take will help alleviate the burden you’re facing and will allow you to seek the help you need so you can recover appropriate compensation.
What Compensation Can I Recover for a Fabrication Shop Accident?
A personal injury lawsuit or workers’ compensation insurance can provide compensation for injured workers and their families who have suffered due to negligent employers or third parties, defective product claims, or intentional harm caused by others. There are three main types of compensation you may be entitled to if you’ve been injured in a fabrication shop accident and you are filing a personal injury claim or lawsuit:
Economic Damages
Economic damages are designed to compensate you for direct financial losses resulting from your injuries. These damages can include, but are not limited to, medical bills, future medical expenses and ongoing care, lost wages and lost earning capacity, and property damage.
Non-Economic Damages
Non-economic damages are intended to compensate you for subjective losses that are difficult to quantify in monetary terms. These may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious. The primary purpose of punitive damages is not to compensate the plaintiff, but to punish the defendant and deter similar conduct in the future.
Workers’ Comp Benefits
If you’ve been injured in a fabrication shop accident in Texas and your employer has workers’ compensation insurance, you can pursue compensation through a workers’ compensation claim. With this type of claim, you can recover some of your lost income and medical expenses and may also be eligible for damages for impairment of bodily function. Because Texas does not require employers to have workers’ compensation in most situations, if you’re hurt on the job, you should check with an attorney to see if your employer carries worker’s compensation insurance.
Ultimately, deciding what step to take is best done with an attorney who can help make sure you get everything you’re entitled to.
Reasons to Hire a Fabrication Shop Accident Lawyer
Accidents at fabrication shops can be life-changing, and the impact on your health, finances, and future can be overwhelming. When you find yourself in such a situation, knowing your rights and the steps to take towards securing compensation and justice is crucial. As mentioned, one critical step is working with the right lawyer. Here’s why it’s so important and what they can do for you:
- Conduct thorough investigations into the accident, gathering crucial evidence such as inspection reports, incident logs, and other relevant documentation.
- Interview witnesses, review safety protocols to determine whether they were followed, and analyze equipment maintenance records to determine if the machinery was in proper working order.
- Identify who is at fault for the accident.
- Calculate damages you’re entitled to.
- Provide access to resources, including experts, investigators, and medical professionals who can provide expert testimony or evaluations to strengthen your claim.
Making sure you have an experienced and committed advocate working to protect your rights is essential in these cases.
Why Choose The Callahan Law Firm as Your Fabrication Shop Accident Attorney?
As you cope with the emotional and physical challenges of your injury, you may find it comforting to know that there is a professional and compassionate service waiting to support you with your case. At The Callahan Law Firm, our dedicated team of Houston injury lawyers is ready to fight for your rights and help you secure compensation.
The Callahan Law Firm sets itself apart from other law firms by intentionally limiting the number of cases we take on. Why? Because your case is unique and deserves our undivided attention and dedication. By handling fewer cases, we provide you with an exceptional level of personalized service, and ensure that you feel heard, supported, and valued throughout the legal process. Your well-being and recovery remain our top priority.
Call Us For a Free Consultation Today With a Houston Fabrication Shop and Manufacturing Accident Lawyer
After an accident, it’s essential to have a skilled Houston fabrication shop accident lawyer on your side to fight for your rights and help you navigate the complex legal process. Don’t hesitate to get the assistance you need and deserve. The Callahan Law Firm is here to help, with compassionate, professional service tailored to your unique circumstances.
Contact us today to schedule a free case evaluation with one of our dedicated lawyers. Let us invest our time and resources into supporting you on the path to recovery.
