Injuries and death can occur in many industrial and manufacturing settings. Industrial accidents can involve injuries to a single person (such as those caused by a poorly designed machine or by electrocution), or injuries to many people (such as those caused by explosions or toxic fume contamination). Industrial accidents can also involve injuries to workers and non-workers alike.
At Kammholz Rossi PLLC, our Rochester industrial accident lawyers are prepared to help you secure compensation for your injuries due to an industrial accident. We put our decades of experience to work, uncovering who is responsible and who should pay for your pain and suffering. You can begin discovering your options with a free initial consultation.
When Safety Is Ignored, People Suffer
New York is very strict about safety protocols and requirements that apply across industries. These and other safety laws operate in conjunction with inspection requirements and other regulations and safety standards. When employers, individual employees or other parties fail to follow these protocols, their negligence can cause catastrophic injuries. These laws apply to a wide range of industries such as manufacturing, demolition, excavation, and repair work.
Common Types of Industrial Accidents in Rochester, NY
Manufacturing plants and construction sites are vital to Rochester’s economy. They can also be the location of major industrial accidents. With hazardous materials and heavy machinery used throughout many companies, you could be at risk of injury as you try to earn your livelihood.
Common kinds of industrial accidents our team has seen happen in Rochester include:
- Amputations and serious injuries on machinery without proper safeguards
- Fires and explosions
- Falls from a height or a ladder
- Scaffolding failure
- Collapsed trenches
- Fallen structures or objects
- Forklift, crane, dump truck, and other vehicle accidents
- Trapped in or between machinery components
- Chemical spills
- Hazardous gas release
Common Causes of Industrial Accidents
Industrial accidents are usually avoidable if everyone follows mandated and recommended safety rules. Frequently, companies will cut corners to save time or meet deadlines. They may assume something is safe without performing necessary safety reviews or procedures, putting themselves and others at risk.
Common causes of industrial accidents include:
- Machinery designed without proper safeguards
- Improper lighting
- Poor control over chemicals or electricity
- Maintenance that is skipped or delayed
- Failure to clean an area properly
- Failure to secure equipment or lockout power sources
- Worker fatigue
- Inadequate worker training
- Insufficient safety equipment
- Sick workers who cannot perform their jobs
- Improper materials storage
- Repairs made with substandard or incorrect parts
Determining the details of how your injuries occurred and who is at fault requires the effort of a top-notch industrial accident lawyer. At Kammholz Rossi PLLC, our entire team dedicates its expertise to reconstructing your accident so we can present your case.
Potential Negligent Parties in Your Industrial Accident Claim
In addition to employers and co-workers who caused the accident, common defendants for industrial accidents include:
- Manufacturers, distributors or designers of defective equipment
- General contractors
- Property owners
- Equipment rental companies
- Scaffolding construction companies
- Vehicle rental companies
- Repair and maintenance companies
- Security companies
- Safety inspectors
You Have the Right to Seek Compensation
If you have been hurt on the job from an industrial accident, you will likely turn to worker’s compensation insurance as a first step. Importantly, an injured worker’s sole remedy against their employer or a co-worker who caused the accident is worker’s compensation. However, an injured employee may also bring a lawsuit against a third party that caused or contributed to the accident. An advantage to pursuing a third-party lawsuit is that you can often recover much more than what you are entitled to receive under worker’s compensation.
Meanwhile, non-employee citizens going about their daily lives can also be injured in an industrial accident. These citizens may file a personal injury lawsuit directly against whomever is responsible for the accident without having to file a worker’s compensation claim.
Figuring out how to bring an Industrial Accident claim or a lawsuit (and against whom) can be complicated. Whether it is workers’ compensation or another type of claim, the rules and deadlines can be confusing for anyone. Adding paperwork and legal hurdles can be overwhelming if you have been seriously hurt and are in pain.
Instead of fighting through unfamiliar jargon that delays your efforts, turn to a reputable and professional team of industrial accident attorneys. The lawyers at Kammholz Rossi PLLC are experts at assessing your case and determining the best course of action for your needs. You can rest and heal, and we will investigate the circumstances to determine who is responsible. We will build a strong case to seek justice for your injuries.
Workers’ Compensation for Industrial Accidents
Workers’ compensation is meant to protect workers from high medical bills in the event of a work-related injury. In New York, this program is administered by the Workers’ Compensation Board.
Benefits include coverage for all medical expenses related to the injury and two-thirds of a worker’s wages (up to certain maximums) while they recover at home. New York requires that you report the injury and demonstrate it is a result of an accident at work. Fault is not assigned, so you can claim workers’ compensation regardless of why you were injured.
Filing a worker’s compensation claim can be very complicated. You may need assistance completing the application form or understanding how the process works. It can be beneficial to hire an attorney who also understands worker’s compensation to guide you.
Industrial Accident Lawsuits
Whether you are an employee bringing a third-party lawsuit or a citizen bringing a lawsuit against everyone who is at fault, industrial accident lawsuits can be very complicated. This is especially the case if multiple parties are involved. Kammholz Rossi PLLC can put our Rochester industrial accident lawyers to work investigating all aspects of your case so you can focus on recovering.
New York’s statute of limitations to file a personal injury lawsuit is USUALLY three years from the date of the accident, but it can also be much shorter depending on the situation. There are some exceptions to this, so you should act quickly to engage an industrial accident attorney who can develop your case. They will manage the legal complexities and deadlines to protect your rights.
Expenses Your Industrial Accident Claim Can Cover
The team at Kammholz Rossi PLLC knows that you do not want to face the burden of financial bills after an accident, even if you are eligible for workers’ compensation. When you do not have the option of worker’s compensation, you may be afraid of what will happen to your future. Our Rochester industrial accident attorneys are ready to fight for the compensation you deserve to pay for your medical needs.
You have the right to have every expense paid for and receive restitution for your pain and suffering. We are compassionate and knowledgeable, working with our clients to fully understand their situations. We know your accident has turned your world upside down, and we are here to help you throughout the journey to set things right.
In an industrial accident claim, you can recover for economic losses, your pain and suffering and your lost enjoyment of life. The court will consider how your life has been drastically affected by your accident when deciding how much to award.
Your Rochester industrial accident lawyer from Kammholz Rossi PLLC and their team will gather all the information and receipts needed to support your claim.
When the Worst Happens: Fatal Industrial Accidents
Industrial accidents often involve explosions, fire, or falling from a great height. These can harm the victim so terribly that they either die immediately or pass away shortly after from the extent of their injuries. When this happens, the deceased’s family can seek financial relief for their loss.
Workers’ compensation provides death benefits to survivors, intended to pay funeral expenses and a percentage of the worker’s average weekly pay for a specified time. In addition, the family can file a wrongful death claim against third-parties to seek restitution for the deceased’s medical expenses and their own losses.
A Kammholz Rossi PLLC industrial accident and wrongful death attorney can assist you in filing for damages such as:
- Funeral and burial costs
- Lost future income from the deceased beyond the worker’s compensation benefits
- Lost inheritance
- Loss of consortium, including love, companionship, & comfort from the deceased
- Loss of care, maintenance, and support to the family
Why Use an Industrial Accident Lawyer Near Me?
Working with a Rochester-based industrial accident law firm means you can rely on people who are members of your community. We provide a combined nearly 50 years of experience in assessing cases, investigating critical details, and creating strong arguments that bring our clients the best achievable outcomes.
Our attorneys constantly push themselves and our team to excel with every case. We are familiar with all city, county, and state laws. Our team is familiar with the attacks and techniques that defendants’ attorneys may use to deny blame. Finally, we believe in treating our clients compassionately and our opposition aggressively.
Our experience in the Rochester, NY, area with these cases means we offer a hands-on and localized approach to your claim.
Contact Kammholz Rossi PLLC Industrial Accident Lawyers for Help Today
If you or a loved one have been a victim of an industrial accident in Rochester, you need expert legal advice from a reputable and qualified lawyer. Our professional team is here to apply our knowledge, honesty, compassion, and diligence to your case. We take the burden off your shoulders.
Our efforts have successfully recovered millions for our clients in construction and industrial accidents. We offer solid legal representation to help you secure the compensation you deserve for the injuries you have suffered.
Contact us for a free, no-risk obligation to discuss your case today.