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How Do I File a Claim if I was Hurt at an Industrial Site?

The Gulf’s Southern region is known for its industrial economy. At any given time in Louisiana, there are billions of dollars of planned chemical plant new construction or expansion. Plant equipment also needs maintenance and it malfunctions on occasion. All of this means that there are tens of thousands of people working in the chemical plant and oil field industries in Louisiana. Unfortunately, accidents happen and when an accident does happen at an industrial site the injuries can be catastrophic. Whether it’s a plant explosion, chemical fire, equipment failure or a chemical spill, accidents at industrial facilities can cause devastating injuries. If you or a loved one has been injured while working at an industrial site, you should consult with an attorney about what rights you may have.

Rights Under Worker’s Compensation

In Louisiana, it is mandatory that employers carry worker’s compensation insurance. If you are hurt at work your claims against your employer will likely fall under worker’s compensation. You are entitled to have your medical bills paid and, if you are unable to work, you are entitled to receive a percentage of your wages up to a maximum amount. However, even though the law says you are entitled to these things, worker’s compensation insurance companies will often try to deny claims, tell workers they are able to go back to work when they can’t, or take other measures to avoid paying what they owe. Worker’s compensation insurance also does not have to pay for things such as your pain and suffering or mental anguish. An experienced attorney can help guide you through the worker’s compensation process to get the maximum benefits that you are entitled to.

Claims Outside of Worker’s Compensation

Not all industrial accident claims in Louisiana are limited to worker’s compensation. If the accident was caused by another company working on the same job site, you may have a claim against that company outside of worker’s compensation. Bringing your claim outside of worker’s compensation means that not only will you be able to seek recovery for your medical expenses, but you will also be able to seek your full amount of lost wages instead of the lower amount available through worker’s compensation. A recovery outside of worker’s compensation can also include payments for your pain and suffering, mental anguish and emotional distress which you would not receive under a worker’s compensation claim.

Some examples of when you may have a claim against another company are when another worker fails to follow safety regulations, is careless in his or her actions, or a piece of equipment owned by that company malfunctions. Your claims will usually be against the other worker’s employer and not against the other worker individually. There may also be times when your claim is against the manufacturer of a piece of equipment that was on the job site.

Below is a list of some of the types of claims we see in chemical plants, construction sites, or other industrial sites:

  • Chemical Fires
  • Chemical Spills
  • Cherry Picker Accidents
  • Construction Equipment Failure
  • Construction Products Liability
  • Crane Failure
  • Falling Objects
  • Forklift Accidents
  • Ladder/Scaffold Falls
  • Machinery Malfunctions
  • Power Equipment Failures
  • Power Line Contact Injury
  • Man Lift Bucket Accidents
  • Mechanical Power Press
  • Punch Press Malfunctions
  • Supervisor Negligence
  • Unsafe Equipment
  • Electrocution

If you or a loved one has been injured while working at an industrial site, you should consult with an experienced injury attorney as soon as possible. You can bet that the company will be consulting with its attorneys and doing everything it can to protect its interest.

Our attorneys are experienced in handling industrial accident and worker’s compensation claims. If you have questions about what rights you may have and what you may be entitled to, call (225) 963-9638 today to schedule a no-cost consultation.