San Antonio Work Accidents and Third-Party Liability Claims

Nov 2012

The Bureau of Labor Statistics reports a total of 4,609 fatal work accidents occurred nationwide last year.

San Antonio personal injury attorneys understand the importance of seeking experienced legal representation in the wake of a serious work accident. The outcome of such cases can have a direct impact on your financial security for the rest of your life. Knowing your rights is vital to protecting the long-term interests of you and your family.

Texas work accident claimed 433 lives, including 168 transportation-related deaths. Nationwide, transportation accident claimed the most lives on the job, followed by acts of workplace violence. Workers’ compensation insurance is typically carried by an employer to cover lost wages, medical care and death benefits in the wake of a work accident. Generally, employees are entitled to benefits regardless of fault in an accident. However, they are prohibited from suing their employer via a personal injury or wrongful death claim.

However, third-party negligence in Texas work accidents frequently contributes to a serious or fatal on-the-job injury. In such cases, an injured worker or his surviving family members can sue a subcontractor, manufacturer or party other than the victim’s employer. Such is often the case in San Antonio construction accidents, where multiple contractors and subcontractors are working on the same job site.

Not surprisingly, the number of fatal construction accidents has declined since the beginning of the economic downturn. The U.S. Department of Labor reports such accidents have declined 42 percent since 2006 but still account for the second-most fatalities after the transportation and warehousing sector.

Organizations like the National Safety Council continue to push employers to establish cell-phone policies to reduce the risk of distracted driving and the resulting car accidents suffered by employees while on the job.

Workplace violence is another primary area of concern. Seventy employees were killed by workplace violence in Texas last year. While this often involves injury to police officers, correction guards, and hospital staff, it also includes high-profile workplace shootings and violence against overnight retail employees, cab drivers and other members of the workforce.

Employers should have a safety plan and a published evacuation plan. Proper parking lot lighting and surveillance cameras can also help keep employees safe on the job.

The third area of concern for federal safety advocates is the risk of fall accidents on the job. Texas fall accidents killed 67 employees last year. In most industries, workers at a height of six feet or more must be equipped with fall protection and must have the safety training critical to avoiding a fall from heights.

Additionally, the Occupational Safety and Health Administration continues to be concerned about the number of Latino and Hispanic workers who are injured or killed on the job each year. The number of serious and fatal accidents increased among these workers even as the overall number of fatal work accidents declined nationwide. A total of 729 Hispanic or Latino workers were killed on the job last year. In fact, Hispanic and Latino workers now account for about one-third of those killed in construction accidents.

If you’ve been injured in an accident, contact The Herrera Law Firm, Inc., at 800-455-1054 for a confidential consultation.

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