Workplace accidents are quite common in the United States. In 2021, more than 2 million workers were hurt on the job. According to the United States Bureau of Labor and Statistics, 5,190 workers were killed in on-the-job accidents in the same year. Not all industries are created equal when it comes to workplace fatalities and injuries. The following occupations were among the most dangerous in the United States in 2021:
- Transportation and Warehousing
- Agriculture and Farming
In many of the most dangerous American occupations, explosions are a risk faced by workers. At a chemical plant, for example, a dangerous gas can escape and come into contact with an ignition agent. The result is a devastating explosion. In the construction industry, a worker might be injured by improper demolition or blasting on the job. In coal mines, trapped gases can lead to blasts in small, enclosed spaces. This places workers at major risk of being hurt or killed.
The mechanisms for an explosion accident are numerous. However, the fact remains that those who are most affected may need to proceed with legal action to recover from their injuries. It is therefore important to understand the legal rights of workers who have been injured at job site explosions.
Workers Compensation Claims
Since many work accidents occur on the job, workers’ compensation laws may apply. In the United States, workers’ compensation law is actually a mix of federal and state law. Most employees will fall under state laws if they were hurt at work. The exception is if the victim was an employee of a federal government agency. In these cases, the United States Department of Labor prescribes rules and regulations for injured employees.
Determining whether workers’ compensation laws should be used in a particular case is usually straightforward. If you were on the job or performing work in the scope of your employment, then your claim will be processed under the state or federal workers’ compensation scheme. However, in some cases, the employer or employee will dispute whether they were engaged in job duties at the time of the injury. The question becomes whether the worker was truly acting within the scope of their employment or if they had gone outside the scope at the time of the injury.
The answer to this question is important. Workers’ compensation laws normally allow for injured employees to be paid replacement wages and to seek a determination that they are unable to work in the future due to their injuries. Depending on your employment history with the company, your salary, your injuries, and other factors, an agency will determine your entitlement to benefits. The process is geared to help injured employees receive the compensation they would have earned if not for being hurt.
There are many traps to be on the lookout for when it comes to workers’ compensation. First, there are important deadlines that must be met to file your claim. Missing a deadline can result in the loss of your legal rights. Second, it is important to have all of your paperwork correctly filed and all of your injuries documented. Finally, judges in a workers’ compensation claim are looking for a certain type of evidence to be presented in a specific way.
In order to ensure that your workers’ compensation claim is handled appropriately, you should contact a national industrial explosion accident lawyer right away. At Burg Simpson, we help obtain compensation for employees who were hurt in an explosion accident at their job. Give us a call today to see how we can help.
Civil Explosion Lawsuits
Workers’ compensation covers a broad range of injuries that happen at work. However, not every case will result in these laws being applied. In some instances, victims of an industrial explosion accident will need to file a civil lawsuit to hold the responsible party accountable.
A civil suit happens when an injured plaintiff sues a defendant or group of defendants for the injuries they have sustained. In an industrial explosion, the number of defendants may be one or many. Some common defendants in industrial explosion claims include:
- Manufacturing plants
- Property owners
- Other employees
- Design professionals such as engineers and architects
- State or local municipalities
- The federal government
The cause of every explosion accident must be carefully investigated. If you were hurt in the explosion and were not within the scope of your job duties, you may need to file a civil action. You may also seek relief in a civil lawsuit if you were not an employee but were instead an independent contractor or another third party who was at the job site with permission.
Explosion accident litigation is complicated. The potential to choose the wrong type of legal tool or to make a mistake is high. It is always best to have an experienced United States explosion accident attorney ready to help. At Burg Simpson, we deliver results for our clients who have been hurt in a blast accident.
Experienced National Explosion Accident Lawyers
If you or a family member have been injured in a blasting accident or explosion, you are likely suffering from serious injuries. Sadly, some victims will succumb to their injuries. Regardless, the stakes are extremely high. Finding the right attorney can be challenging but can make all the difference in the success of your claim. Many injured workers try to represent themselves and end up with an inadequate settlement or the complete loss of their legal rights.
Our explosion accident attorneys at Burg Simpson understand the law and your legal rights. We know that there are many important deadlines that could apply to your case. We want you to continue moving forward down your path to recovery. Let us handle all of the legal details while you focus on your healing.
Our firm is standing by now to take your call. We provide free consultations for all potential clients. To speak with one of our nationwide explosion accident lawyers, please contact us using our online intake form or give us a call at (888) 895-2080.