Catastrophic Work Injuries

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What Is a Catastrophic Work Injury?

No one should fear being injured while on the job, yet numerous dangers lurk in all workplaces. Whether you're working in construction, transportation, or the oil and gas industry, unsafe conditions and poor supervision can all lead to dangerous accidents and various types of injuries in the workplace.

These work injuries can range from minor cuts and bruises to more severe cases such as fractures, spinal cord injuries and traumatic brain injuries. Catastrophic work injuries can include falls, being hit by heavy machinery like forklifts or injuries from unguarded machinery. Employers must take proactive measures to minimize these risks by implementing and adhering to strict safety protocols and providing employees with proper safety equipment and training.

Work Injury Lawyers Near Me

(888) 987-0005

Many people who are involved in workplace accidents will miss significant amounts of work or never be able to work again. Most seriously injured workers must endure the stress of going through a painful and even lengthy recovery while facing mounting medical bills that can be overwhelming. In some cases, workers may find themselves navigating complex legal battles to receive the compensation they need to cover the cost of medical treatments, physical therapy, lost wages, and ongoing rehabilitation.

At Miller Weisbrod Olesky, our team of experienced work injury attorneys understand the challenges you may face after a workplace injury. With decades of combined experience and a history of obtaining numerous million-dollar-plus settlements for injured employees and families of workers killed on Texas work sites. We are confident that we can provide the legal expertise and support you need during this difficult time.

We offer free consultations to discuss your case, evaluate your options, and help you understand your legal rights. Take the initial step towards justice by scheduling your complimentary case review with one of our lawyers today.

Our Work Injury Attorneys recovered $3,650,000 on behalf of our client who suffered an amputated hand in a 220-volt Horizontal Food Mixer accident which could have been prevented with the appropriate machine guarding or lock-out emergency shut-off-switch required by OSHA.

Most Common Causes of Work Injuries

In the blink of an eye, workplace injuries can quickly turn a routine day into a chaotic scramble for medical assistance and leave lasting effects on any employee involved. Understanding the most common causes of these injuries is crucial for preventing accidents and maintaining a safe working environment.

According to the Bureau of Labor Statistics (BLS), there were 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers in 2022. Of these, the most common causes are exposure to harmful substances and/ or environments (28%), overexertion and bodily reaction (23%), and falls, slips, and trips (20%).

Our catastrophic injury attorneys have extensive experience helping injured workers recover from a wide variety of workplace accidents, such as:

Fall From Heights

In 2021, BLS data shows that of over 5,000 fatal workplace injuries, 680 were associated with falls from elevations. Those working in the construction and utilities industry are more at risk for this type of workplace accident since these occupations often involve performing job-related tasks from great heights. For example, if proper guardrails are not installed or maintained, a construction worker might fall from scaffolding while repairing a building. Failing to provide proper safety equipment like harnesses and lanyards can lead to a catastrophic injury or wrongful death fall on the workplace.

Falling from taller heights is the leading cause of death among construction employees, accounting for 395 of the 1069 fatalities reported in 2022. Although injury severity might vary depending on the height of the falls, serious injuries, such as traumatic brain injuries (TBIs), spinal cord injuries, and fractures of the arms and legs, can potentially occur from any fall.

Fires or Explosions

The Occupational Safety and Health Administration (OSHA) reports that workplace fires and explosions kill 200 and injure more than 5,000 annually. Although this type of workplace accident can occur at many workplaces, construction, extraction, installation, maintenance, and repair occupations have the highest work-related death rates caused by a fire or explosion.

Equipment and heat source failure was a leading cause of structural fires in industrial and manufacturing properties. In the oil and gas industry, fires and explosions are the 3rd leading cause of fatal workplace injuries. Oilfield injuries like burns and chronic illnesses are often caused by improperly stored flammable materials, such as gasoline or hazardous chemicals.

Although skin burn injuries are the most common injury caused by work-related fires and explosions, they can also lead to a range of other serious health complications. For example, flying debris can also cause lacerations, the pressure from an explosion can result in damage to a worker's ears, or a worker who is knocked over by the force of the blast can sustain a traumatic brain injury.

Unguarded or Inadequately Guarded Machines

Product designers, manufacturers, sellers, and employers are required to provide adequate safety guards and barriers to protect workers from machine hazards. However, despite OSHA's strict machine safety regulations and the diligence that manufacturers put into designing machines to protect operators, machine-guarding injuries do happen.

Every year, workers who operate and maintain machinery suffer from 18,000 serious injuries and over 800 deaths. Workers operating poorly guarded machines and improperly installed safeguards are among the top causes of these accidents. When employers neglect to install or maintain machine guards, it can result in a wide range of physical injuries such as spinal cord and brain damage, fractures and broken bones, lacerations and abrasions, crush injuries, and amputations.

Electrical Shocks and Electrocution

In the United States, contact with or exposure to electricity continues to be one of the leading causes of work-related injuries and deaths. In fact, a total of 1,201 workers were killed between 2011 and 2021 in accidents involving electricity. While anyone can suffer an electrocution injury at work, people who work in contraction, installation, maintenance, and the repair industry are the greatest risk of suffering electrical shocks and burns.

In 2021, about 8% of construction work deaths were caused by an electrocution. Electrocution injuries can happen for several reasons and are frequently caused by defective equipment, contact with exposed wiring and power lines, and unprotected contact with industrial equipment.

Lockout/Tagout Mistakes

Lockout/Tagout mistakes like failing to de-energize equipment during servicing or maintenance activities can lead to preventable injuries like burns, cuts, electrocution, amputation, or fractures of body parts. Providing workers with appropriate safety equipment like heavy gloves, rubber boots, and masks can mitigate the risk of electrical injury and even fatalities.

Struck-by-Object Accidents

Struck-by-Object Accidents to OSHA, struck-by-accidents are classified as a "fatal four" hazard. These incidents occur when a worker is hit by falling objects, moving vehicles, swinging equipment, or dropped tools. For example, falling debris or materials from elevated areas can pose a significant risk to construction workers.

Additionally, improperly secured machinery in manufacturing facilities can lead to these types of accidents. Employers can significantly reduce the likelihood of struck-by-object injuries like skull fractures, traumatic brain damage, and spinal cord injuries by implementing proper safety protocols and ensuring the use of personal protective equipment (PPE).

Entanglement Accidents

An entanglement accident happens when a worker's clothing, hair, limbs, or other body part gets caught or trapped in a piece of equipment or machinery. According to the National Safety Council, entanglement injuries (a subset of caught-in or caught-between injuries) accounted for 143 workplace fatalities in the United States.

The most common causes of machine entanglement injuries are when proper safeguards are not in place or the machine is in some way defective. These accidents can happen in any industrial workplace, but agriculture, mining, construction, and waste material workers have a higher risk of sustaining injuries caused by machine entanglement.

To protect employees from entanglement injuries like broken or fractured bones, soft-tissue injuries, and lost fingers and limbs, employers and manufacturers must ensure that a machine is safe, well-maintained, and equipped with proper guards and emergency stop devices. Employers should also train their employees to abstain from wearing loose-fitting clothing or jewelry and restrain long hair that a machine can easily grab.

Accidents Caused by Lack of Safety Policies, Equipment, or Training

In 2021, the National Safety Council (NSC) reported that there were 4,472 preventable injury-related deaths in U.S. workplaces. The top three industries reporting preventable work deaths were construction (946 deaths), transportation and warehousing (900 deaths), and agriculture, forestry, fishing, and hunting (435 deaths).

Inadequate training and lack of safety policies are some of the root causes of many workplace injuries and accidents. For example, trench collapse accidents that frequently result from a lack of adequate supervision are responsible for countless catastrophic injuries that workers suffer on a construction site.

Some of the most common injuries attributed to inadequate training or supervision include head injuries from falls from scaffolds, back injuries when employees are not trained to safely handle heavy items, and skin burns from improperly handling hazardous chemicals or hot objects.

Not only do employers have a legal responsibility to provide their employees with a safe working environment and proper training, but they are also required to ensure that all necessary safety equipment is available and adequately maintained. Common examples of personal protective equipment (PPE) that are required to be worn by workers to protect their health and safety include gloves, high visibility clothing, masks, hard hats, goggles, face shields, and ear plugs.

Fall protection standards are the most commonly violated safety regulations in the construction industry. If a construction worker falls, the lack of or inappropriate use of PPE, such as safety harnesses, helmets, roof anchors, and rope grabs can have devastating consequences. In fact, an estimated 12%-14% of occupational injuries resulting in severe disability are caused by the inappropriate utilization of or an employee's failure to wear appropriate PPE. According to OSHA, the proper selection and use of eye and face protection prevents thousands of people from being blinded each year due to work-related eye injuries.

Slip and Fall Accidents

Slips, trips, and falls are a leading cause of workplace accidents in Texas year after year. Everything from unsecured wires to slick floors can lead to a slip-and-fall accident at work. For example, a delivery driver who sustains a debilitating back injury by slipping on a wet warehouse floor hold the property owner liable under premises liability.

Agricultural, construction, maintenance, repair, and material moving works are at a higher risk for a fall, slip, or trip accident. In the trucking industry, these accidents are the leading cause of compensable injury. Slip and fall accidents can lead to severe and catastrophic injuries such as broken or fractured bones, muscle tears, head, spinal cord, and traumatic brain injuries. This category of work accident can usually be mitigated by using appropriate signage to warn of hazards, ensuring walkways are clear of obstructions, and promptly addressing spills or maintenance issues.

Vehicle Accidents

If you have a job that uses vehicles, chances are high that you will one day be involved in an accident. In fact, according to the Centers for Disease Control and Prevention (CDC), about three workers die from traffic-related motor vehicle crashes each day. Employees of delivery companies, ride-share services, and mail carriers are the most susceptible to on-the-job car wrecks.

When a company knowingly sets a driver on a schedule, it knows it cannot be met without driving over hours or fails to take appropriate steps to ensure that truck equipment is safe it places its employees and others on the road at significant risk.

In order for an injured employee to successfully recover compensation from a work injury lawsuit, they have to show that the injury occurred when the vehicle was being used in the course of their employment duties.

For example, employees may be required to travel between the employer's worksites, to client sites, or even out of town to attend work-related events. Car accidents that occur while an employee drives to or from home, on a lunch break, or while taking care of errands are not usually considered work-related.

By implementing comprehensive safety protocols and providing adequate training and equipment, employers can significantly reduce the risk of workplace injuries. Companies should also create a culture of safety in the workplace by encouraging employees to report unsafe conditions without fear of retaliation. If you were injured in a workplace accident, it is essential to consult with an experienced work injury attorney who can help you understand your rights and guide you through the process of filing a personal injury lawsuit.

Types of Work Injuries

From construction sites to office settings, work injuries can occur in any environment and in various ways. Understanding some of the most common workplace injuries can help employers reduce the risk of accidents by ensuring safety protocols are followed and providing proper training to employees.

Workplace injuries can have devastating emotional and financial consequences for an injured worker and their family. A personal injury lawyer can provide essential support by helping injured employees and their families recover fair compensation for medical expenses, lost wages, and pain and suffering.

Some of the most common types of injuries that are caused by workplace accidents include:

• Traumatic brain injuries (TBI): Those who work in the construction, freight trucking, and building and dwelling industry are at an increased risk of suffering a concussion or work-related TBI. In fact, according to the CDC, 2,210 construction workers died because of a TBI from 2003 to 2010. The most common causes of concussions in the workplace are being struck in the head with an object, explosions, and falls and slips. Some symptoms of a TBI, like problems with concentration and reaction time, may affect a person's ability to carry out their normal job duties. While some employees with a TBI may only need short-term support or accommodations and are able to return to work within a couple of days, others may not be able to return at all due to persistent symptoms. Those who operate machinery and heavy equipment, work from heights, or handle hazardous materials may need more time off to recover.
• Spinal cord injuries: The spinal cord is one of the most critical organs in the human body, and its injury can result in a loss of function, such as mobility or sensation. Occupational accidents account for 12% to 18% of all traumatic spinal cord injury cases. Some of the most significant causes of spinal cord injuries at work are slips, trips, falls from heights, and incorrect manual handling of heavy objects. Those in construction, manufacturing, warehousing, and agriculture are most susceptible to spinal injuries because they are often exposed to falling objects, frequently use heavy machinery, and regularly engage in heavy lifting. For example, a construction worker may suffer a severe spinal cord injury if they are hit by a forklift. When the spinal cord is damaged, an individual may suffer from partial paralysis or be completely paralyzed from the waist down and require extensive surgeries and physical therapy.
• Amputations: One of the most severe and expensive occupational injuries caused by workplace accidents is amputations. Full amputations happen when a limb or appendage is completely severed from the body. A partial amputation is when some soft tissue remains and connects the limb or appendage to the body.
  
  In some cases, a limb or appendage may not be severed in an accident but may be so damaged that it must be removed surgically. Amputations can result from incidents such as a worker's arm being completely severed by heavy machinery or an explosion caused by working with hazardous materials. According to OSHA, the industries with the highest rate of amputation injuries are manufacturing and construction.
• Crush Injuries: Work-related accidents involving being caught in or between objects are a leading cause of crush injuries. Oil and gas, construction, and warehouse workers are at a high risk of sustaining crush injuries. These injuries can result from situations such as a vehicle running over a worker's foot or a falling load striking a worker on the head.
  
  Depending on the force involved, crush injuries can range from broken bones to internal organ damage that could potentially be fatal. Rhabdomyolysis, also known as Bywaters' syndrome, is one of the most harmful effects of these injuries. This dangerous muscle condition can result from prolonged force or pressure being placed on a body part. Bywaters' syndrome can cause long-term issues like kidney failure, prolonged seizures, and periods of immobility.
• Fractures and Broken Bones: On construction sites and industrial settings, fractures and broken bones occur with alarming frequency. In fact, in 2019, approximately 197,300 nonfatal injuries like broken bones occurred in the construction industry.
  
  Heavy machinery accidents, falls from heights, being struck by objects, and being caught in or between accidents are the most common workplace injuries. For example, when a limb gets caught in a machine in an industrial accident, the force of a running machine can lead to a broken or fractured bone.
• Severe Burns: Each year in the U.S., over 5,000 burn injuries are caused by work-related incidents. Workers on oilfields, highways, and factory lines are at an increased risk of a burn injury. In fact, some of the most severe workplace burn accidents happen in oilfield accidents because workers are often surrounded by flammable gas. Machinery accidents involving welding equipment or hot surfaces can also cause burns that require extensive medical care and leave workers with physical and emotional scars for the rest of their lives.

These types of injuries not only result in significant physical and emotional trauma but can also lead to prolonged recovery times and loss of income. If you were injured in a work-related accident or lost a loved one to such tragic circumstances, a dedicated personal injury attorney can ensure all responsible parties are held accountable and help you receive the compensation you deserve.

Which Industries Have the Highest Rate of Catastrophic Injuries and Fatalities?

Texas is home to a booming economy and a diverse range of industries that contribute significantly to its growth. Unfortunately, many of these industries are quite dangerous and result in a high number of work-related injuries and deaths.

In 2020, the highest rates of workplace deaths occurred in sectors that the state is known for, such as oil and gas, agriculture, construction, and transportation and warehousing. In recent years, Texas worker death rates have also increased significantly. According to federal data, at least one worker has died every day in a fatal occupational accident in the state.

Privately employed Texans working in transportation, utilities, and trade had the highest number of injuries that required time off in 2019. Between 2015 and 2020, Texas employment in transportation, utilities, and trade grew by 1.5%, which subsequently increased the likelihood of Texas workers needing more than a month off due to injury.

While workplaces have generally become safer, with far fewer reported injuries and fatalities, the following industries prove more frequently hazardous than others:

• Transportation: Across the state, the transportation industry is crucial for ensuring businesses and individual consumers have access to necessary goods and services. Unfortunately, the need to transport these goods in an efficient and timely manner often comes with an increased risk to the safety and well-being of workers in this industry. Since 2019, more occupational deaths have been caused by transportation accidents than any other industry in Texas. Rather than train or plane accidents, most deadly transportation incidents involve car or truck accidents. In fact, Texas continues to lead the country in fatal 18-wheeler, semi-truck, and other commercial vehicle accidents. The transportation and warehousing industry (public and private sector) also experienced the highest rates of injury and illnesses, requiring days off per 10,000 workers.
  
  Failure to address common safety issues for transportation employees, such as inadequate rest periods and poor vehicle maintenance, puts workers and the public at risk. The responsible parties could face significant legal and financial consequences if unaddressed issues result in injuries or fatalities.

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• Construction: Due to the nature of the work being performed, construction is historically one of the most dangerous industries for employees. After transportation and warehousing, the construction industry experienced the second-highest number of fatal injuries. Despite the construction industry seeing some of the highest number of fatalities each year, it also employs a large number of workers, so there are only approximately 10 deaths per 100,000 employees.
  
  Road construction workers in Texas face the greatest risk of being involved in a fatal accident than other types of construction workers. The CDC reported that 143 deaths occurred at highway work zones from 2013-2020. The most common causes of fatalities in the construction industry are falls, electrocution injuries, being struck by falling objects, and getting caught in or between machines.

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• Oil and Gas: The oil and gas industry put workers at high risk of sustaining severe injuries in serious incidents, such as explosions and heavy equipment-related accidents. From 2014 to 2019, approximately 470 oil and gas extraction workers died on the job. Many of these accidents occur in remote drilling locations, making it difficult for injured employees to get timely medical assistance.
  
  In Texas, the rate of nonfatal occupational injuries and illnesses in the oil and gas industry was 1.7 cases per 100 full-time employees. Multiple contractors, subcontractors, and independent workers that can be found on these job sites. Thus, there are often several parties that are held responsible for work accidents involving oil and gas workers.

Reducing injuries and fatalities in the workplace is not an easy task. However, employers must continue to work towards this goal by creating safer work environments. If an employer is found negligent in providing a safe working environment, they can be held liable for any injuries and fatalities that occur as a result. An experienced personal injury attorney can help injured workers and their families understand their legal rights and options.

Recoverable Damages in Work-Related Injury Case

Because every case is different, discussing the recoverable damages you may be entitled to through a personal injury lawsuit based on your workplace accidents with an attorney is important. Generally, an injured worker can be compensated for economic, non-economic, and exemplary damages in a Texas personal injury case.

Economic damages aim to compensate the victim for actual financial losses and expenses related to the accident. Non-economic damages may be awarded for "subjective, non-monetary losses" that a work-related accident victim may incur due to their injuries.

An injured employee could be entitled to recover the following damages in a personal injury claim for a workplace accident:

Economic Damages

• Medical bills (past and future)
• Lost income/ earning capacity
• Other injury-related out-of-pocket expenses

Non-Economic Damages

• Physical pain, impairment, and disfigurement
• Emotional or mental anguish
• Loss of enjoyment of life

Punitive or exemplary damages may be awarded in cases where an employee was injured due to gross negligence or intentional misconduct by their employer. Unlike compensatory damages designed to reimburse injured workers actual losses they've experienced; this category of damages is intended to penalize the at-fault party for their behavior and deter others from committing similar acts.

Wrongful Death Compensation

When a worker is killed because of the negligence of their employer, certain family members can file a "wrongful death claim". In Texas, the people entitled to pursue a wrongful death claim or lawsuit are the surviving spouse, a biological or adopted child (adult or minor), and the parents of the deceased.

The damages these select members of the deceased worker's family may be eligible to recover in a wrongful death lawsuit include:

• Mental anguish that results from the devastating loss
• Medical costs for the deceased's treatment and care
• Loss of consortium, companionship, and guidance
• Funeral and burial expenses
• Loss of household services provided by the deceased
• Compensation for the deceased's wages, benefits, and future earning capacity
• Physical pain and suffering endured by the deceased prior to their death

If a loved one's death resulted from fraud, malice, or gross neglect, the court may decide to award punitive damages to punish a negligent employee for deliberate or reckless disregard for workplace safety. Understanding the type of compensation available to you and your family members after a loved one is involved in fatal workplace accidents is crucial to ensuring you get the support you deserve. A skilled personal injury lawyer can help family members of the deceased during this difficult time by gathering necessary evidence, ensuring all documents are filed promptly and correctly, and advocating for their best interests.

Statute of Limitations for a Personal Injury Case in Texas

Texas Civil Practice and Remedies Code 16.003

The statute of limitations for a personal injury case in Texas is a law that sets the timeframe within which an injured party has to file a lawsuit against an individual responsible for causing a work-related accident and any resulting injuries. The injured party has two years from the date of the accident to file a lawsuit.

After your injury, it is essential to take immediate action. Failing to file a lawsuit within this two-year period may result in the court dismissing your case. A personal injury attorney can ensure you meet all applicable deadlines and guide you through the complexities of the legal process.

Questions? Contact Our Knowledgeable Work Injury Lawyers Today!

When you're injured on the job, navigating the aftermath may feel like a daunting and overwhelming task. From dealing with medical bills to lost wages and the complexities of filing a work accident lawsuit, the challenges injured workers face can pile up quickly.

During this challenging time, you need a reliable support system to guide you through the process. At Miller Weisbrod Olesky, our personal injury attorneys understand that we cannot fix your injuries, but we can reduce the burden of navigating your case on your own so you can focus on getting the care you need.

We have a history of getting results for injured workers in Texas and have helped our clients recover millions in compensation over the years. If you were injured in a workplace accident due to the negligence of others, we invite you to schedule your FREE consultation today. Contact us today by phone at 888-987-0005 or by filling out our online request form.

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The Leader In Construction Accident Litigation

Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.

Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.

Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.

Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.

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Miller Weisbrod Olesky Texas Construction Accident Lawyers