Personal Injury Liability on Industrial Real Estate

Industrial accidents are one of the leading causes of personal injury liability lawsuits against employers. In 2009, there were a total of 4,340 fatal work injuries in the U.S. according to the Bureau of Labor Statistics. These numbers are down compared to recent years due to the economic downturn. The Occupational Safety and Health Administration (OSHA) is a federal agency that oversees the health and safety regulations required by employers. They are tasked with investigating complaints of workplace violations and they are authorized to conduct workplace inspections in order to enforce its’ standards.

What Does OSHA Do?

In 1970, the Occupational Safety and Health Act (OSH Act) was enacted by Congress to make sure that employers provide their employees with an environment free from hazardous conditions. OSHA’s primary objective is to set and enforce standards to keep America’s workers safe by providing training and education while promoting workplace health and safety.

Under the OSH Act, an OSHA compliance officer is authorized to:

• Enter any factory, plant, construction site or establishment where an employee is performing work.
• To inspect and investigate all places of employment and survey the current workplace conditions to determine if there are any violations.

Most inspections are conducted without any advance notice to the employer. The inspection process begins with an opening conference to inform the employer about the scope of the inspection. OSHA personnel will then conduct a facility walk-through and end with informing the employer whether or not any citations will be issued.

Types of Industrial Accidents

Industrial accidents often occur due to the negligence of the employer or carelessness on the employee’s part. Thousands of people are injured each year resulting in serious injuries and death. Common types of accidents are:

• Electrocution
• Falls caused by slipping on a foreign object
• Equipment malfunction
• Explosions
• Exposure to hazardous chemicals
• Being struck by a falling object
• Building or walls collapse
• Exposure to extreme temperatures

Industries where most of the accidents occur are agriculture, construction, chemical plants, warehouses, and oil and mining industries.

Determining Who is Liable

Workers compensation typically covers most accidents, but if they were caused by defective equipment or the negligence of an employee, a personal injury liability claim for damages can be sought. The victim must be able to prove that the accident was caused by the negligence or the illegal action of a third party. To win a personal injury liability case, the plaintiff must prove the following elements:

• Duty of Care—The victim was owed a duty of care by the employer
• Breach of Duty—The employer breached their duty by acting in a negligent manner
• Causation—The plaintiff’s injuries were the direct cause of the employer’s actions or inaction
• Damages—The plaintiff is owed compensation for their injuries

Compensation can be sought for medical bills, lost wages, permanent disability or disfigurement and pain and suffering. An employer may be held strictly liable if you can prove that the accident could have been prevented.

Why You Need an Attorney on Your Side

Employers are required by law to provide a safe place for people to work. If you believe that your injuries are due to the negligence of your employer, you may be entitled to seek compensation. Serious injuries may leave you unable to work for a lengthy period of time. Therefore, it is important to consult with a personal injury attorney to review your case. When you are faced with being unemployed through no fault of your own, you need an attorney who is on your side. They will make sure that those responsible are held accountable for their actions.