Accidents are an unfortunate reality in industrial settings. In 2022, workplace accidents in Texas led to 178,800 injuries and 578 deaths.
If you've experienced a machinery accident at work, you have the right to seek compensation for your injuries and losses. However, acting fast is one of the best ways to get the average settlement for workplace machinery accidents in Texas.
At Grossman Law, we help advocate for anyone injured in workplace accidents. Contact us to discuss your case and see if you’re eligible for compensation.
Who Can Seek a Settlement for a Machinery Accident?
If you're hurt at work because someone wasn't careful, you can seek compensation for your injuries. While you can demand this compensation court, most personal injury claims end with a settlement. This is a private agreement between the parties where the wrongdoer or their insurer provides money to cover your losses. However, the process for seeking this settlement varies depending on who is responsible for your injuries.
Potential Liable Parties After a Workplace Accident
Identifying who is at fault is the first step toward seeking compensation. Working with a skilled lawyer can help navigate the complexities of this step and protect your rights throughout the legal process.
Your Employer
Employers have a legal obligation to maintain a safe work environment and provide necessary training to prevent accidents. However, many employers fail to meet these duties, leading to workplace accidents. Often, these injuries lead to worker’s compensation claims. However, you can sue your employer for negligence if they opt out of worker’s compensation insurance or are grossly negligent.
Equipment Manufacturer
Manufacturers must ensure that their products are safe and free from defects. They can be liable if a product malfunctions and leads to injuries. The legal process for these claims is like any other personal injury lawsuit, often leading to a settlement.
Third-Party
In some cases, parties other than the employer or manufacturer might share responsibility, such as contractors, subcontractors, or equipment suppliers. Since many contractors can be on a job site at once, proving liability can be difficult. It’s best to work with a knowledgeable attorney who can investigate the accident and hold the right party liable.
Factors Affecting the Value of the Average Settlement for Workplace Machinery Accidents in Texas
The outcome of your personal injury claim depends on a wide range of considerations. The following factors have some of the most impact on a settlement:
Workers’ Compensation
The biggest factor affecting a workplace machinery claim is whether it is handled under workers’ compensation. Employers participating in the workers’ comp regime will pay for medical expenses and a portion of lost income for injuries occurring on the job. In return, an injured worker may not sue the employer under most circumstances. Additionally, non-economic damages, such as pain and suffering, are usually not included in workers’ compensation settlements. Therefore, payouts are typically lower. An experienced attorney can help evaluate your case and let you know whether Texas’ workers’ compensation laws apply.
Severity of Injuries
The extent of your injuries plays a significant role in determining the settlement value. More severe injuries often result in higher compensation. Your settlement should cover all medical costs, such as hospital bills, surgeries, and rehabilitation. Additionally, you can demand future expenses for continued treatment and long-term care.
Other Damages
You can demand compensation for lost earnings due to time off work. You may receive a higher settlement if your injury impacts your ability to work and lowers future income. Additionally, many injuries lead to noneconomic damages like emotional distress and suffering. Your settlement can address costs related to these harms.
Liability
Parties don’t settle cases unless liability is clear. The more evidence you have to show liability, the more likely the other side will be willing to settle for a fair amount.
Working with a skilled lawyer is the best way to identify and calculate your damages. They have the knowledge and ability to get you maximum compensation.
Schedule a Free Consultation
Don't wait to get the legal help you need. The team at Grossman Law is here to assist you with your injury claim and the settlement process. With over thirty years of experience and millions collected for our clients, you can count on us to give you the best representation possible.
Contact us now to schedule a no-obligation consultation with our team.
