Confined Space Worker Accidents in San Antonio
Worker accidents in confined spaces often lead to serious injuries. These spaces are small and enclosed or partially enclosed areas with limited access to entrances or exits. Examples of confined spaces include tanks, vaults, lift stations, and silos in which oxygen deficiency, toxic gases, or engulfment can lead to severe or deadly accidents.
State and federal agencies closely regulate businesses with these dangerous workspaces to prevent severe injuries and fatalities in them. When these companies are negligent, workers who suffer the consequences have the right to initiate legal action to hold their employers financially responsible. The skilled construction accident attorneys at Felix Gonzalez Law can give you more information about confined space worker accidents in San Antonio.
Where Do These Incidents Most Commonly Occur?
The industries in which these accidents most frequently occur are manufacturing, construction, oil and gas, and wastewater management. Companies with confined workspaces must ensure compliance with safety codes and guidelines, provide the proper safety equipment, and adequately train their employees to prevent avoidable accidents from happening. When an avoidable mishap occurs and the business is a non-subscriber, injured individuals have the right to file lawsuits and seek payment through the civil court. A non-subscriber is a company that has opted out of providing its employees with state workers’ compensation benefits.
Under Texas Labor Code § 406.033, employees can seek payment for accidents resulting from their employers’ negligence because non-subscribers lose protection from legal action or the use of defenses such as assumption of risk. While the case must prove liability, the burden of proof is lower for cases resulting from unsafe workplaces.
To prove their employer’s fault in a confined space accident case, the victim should provide evidence that their workplace had:
- Unsafe conditions
- A lack of monitoring or training
- Inadequate rescue plans
- Insufficient safety equipment
A San Antonio attorney with experience in dealing with enclosed workspace accident cases can collect this evidence and guide the injured person through the entire legal process.
Obtaining Fair Settlements
The parties involved in a San Antonio confined workplace mishap case may agree on an appropriate settlement amount outside the courtroom, thereby avoiding additional litigation expenses and closing the case quickly. If it goes to trial, it could last for months or even years, depending on the length of the investigation, litigation, mediation, and negotiations to reach a fair payout amount.
When an employee suffers injuries at work, they must report the incident in writing to their employer and document all relevant details. The accident victim should immediately begin gathering evidence, such as photos, medical records, and witness statements.
Documenting their injuries and recovery process is also crucial. If the company violated state laws or other regulations, it should report its wrongdoing to the relevant workplace safety organization. Federal agencies such as the Occupational Safety and Health Administration will try to ensure that the business takes corrective measures and prevents others from suffering harm. The documentation can also support the claim for damages.
Lawsuits Against Third Parties
When there is more than one liable party and a third party shares fault, state laws permit the victim to file lawsuits against each of these individuals or agencies, potentially increasing the amount of compensation the injured person receives. It is essential that they hire a skilled lawyer to handle the legal work, including investigations and negotiations, and to fight for a fair outcome.
Types of Recoverable Damages
Various types of recoverable damages are available on a case-by-case basis to injured people whose accidents resulted from negligence in the workplace and who are not eligible for workers’ compensation. These damages include medical expenses, ongoing health care services, transportation to doctors’ appointments, medication, lost wages, and pain and suffering.
Call a San Antonio Attorney After a Workplace Mishap in a Confined Space
If you sustained severe injuries in a confined workspace and your employer is a non-subscriber, you have legal options for obtaining a fair settlement. An award for damages could cover your medical care, lost pay, and pain and suffering.
Call Felix Gonzalez Law today to schedule a free consultation. The firm’s compassionate attorneys have considerable experience in handling cases involving confined space worker accidents in San Antonio. If you hire them, they can immediately begin investigating your case and analyzing evidence.
