Looking Past the Accident Report to Find What Actually Happened
An incident report may identify what happened at the moment of injury without explaining why the dangerous condition existed in the first place.
Our investigation can examine the equipment involved, operating procedures, maintenance history, safety policies, training materials, inspection records, photographs, video, and witness accounts. We look at the sequence of events leading up to the accident and the responsibilities of the parties involved.
That distinction can matter when a seemingly isolated accident reflects a larger equipment, maintenance, or operational problem.
Machinery & Equipment Failures Can Create Multiple Liability Issues
Industrial machinery can cause crushing injuries, amputations, fractures, burns, and other catastrophic harm. A malfunctioning machine may also expose workers to hazards that should have been identified during inspection or maintenance.
Depending on the circumstances, we may investigate:
- Inadequate maintenance. Service records and inspection histories may reveal whether equipment received appropriate maintenance.
- Defective machinery or components. A failed component may raise potential claims involving a manufacturer, distributor, or other company in the product's supply chain.
- Missing or inadequate safeguards. Guards, emergency stops, warning systems, and other safety features may be relevant to the accident.
- Improper operation. Training, instructions, supervision, and the conduct of other workers may help explain how the machinery was being used.
- Unauthorized modifications. Changes made to equipment can affect its operation and may become relevant when determining responsibility.
The facts of the accident determine which parties and legal claims warrant further investigation.
Chemical Exposure & Industrial Burns
Industrial injuries are not limited to accidents involving machinery. Workers can also suffer serious harm from chemical exposure, fires, explosions, toxic substances, and other hazardous materials.
The investigation may need to determine what substance was involved, how the exposure occurred, what warnings or protective measures were available, and which companies controlled the material or work process.
Medical documentation is particularly important in these cases because some effects of exposure may develop or become more apparent over time.
Falls, Collapses & Struck-By Accidents
Elevated platforms, ladders, catwalks, storage areas, and industrial structures can create significant fall hazards. Workers may also be struck by moving equipment, falling materials, vehicles, or machinery components.
The condition of the work area immediately before the accident can be critical. Photographs, inspection records, maintenance documents, witness statements, and other evidence can help establish whether a dangerous condition contributed to the injury.
When Another Company May Be Responsible for a Workplace Injury
Workers' compensation may provide benefits for an on-the-job injury, but certain circumstances can also give rise to a personal injury claim against a negligent third party.
For example, an industrial facility may rely on an outside maintenance contractor, equipment company, delivery business, or other third party whose conduct contributes to an accident.
KRW Lawyers evaluates the relationships among the companies involved to determine whether a third-party claim may be available. These claims can involve different damages and legal procedures than workers' compensation.
Industrial Accident Injuries Can Affect Your Future Earning Capacity
A serious workplace injury can make returning to the same job impossible. Even when a person can work again, permanent physical restrictions may limit the duties they can perform or the income they can earn.
A personal injury claim may involve medical expenses, rehabilitation, lost wages, diminished earning capacity, pain and suffering, disability, disfigurement, and other legally recognized losses.
For catastrophic injuries, the analysis may also need to account for future treatment, assistive equipment, home modifications, or ongoing care.
Preserving the Equipment & Conditions That Caused the Injury
Industrial equipment can be repaired, dismantled, replaced, or returned to service soon after an accident. Once that happens, important physical evidence may become difficult to examine.
Preserving machinery, documenting its condition, obtaining maintenance records, and identifying the people who witnessed the incident can therefore be important early steps.
Where appropriate, KRW Lawyers works to identify and preserve evidence before the physical conditions surrounding the accident change.
Serious Industrial Injuries Require a Detailed Liability Investigation
When an accident results in a brain injury, spinal cord injury, amputation, severe burn, or other permanent condition, the stakes are particularly high. Establishing liability is only one part of the case. The claim must also reflect the long-term effect of the injury on medical care, employment, finances, and everyday life.
An industrial injury can leave you dealing with medical treatment, lost income, workplace procedures, and uncertainty about who is responsible. A careful investigation can help clarify whether a third party may be legally accountable for the harm you suffered. KRW Lawyers can investigate the industrial accident, identify potentially responsible parties, document the full extent of your losses, and pursue available legal claims.
Call (505) 628-0776 or contact us online to pursue an industrial accident claim today.