Experienced Chattanooga Industrial Accident Lawyers
Accomplished representation for injured industrial workers
Industrial jobs often pay well, but they can also be extremely dangerous for employees and site visitors. Workers at warehouses, drilling sites, and factories face serious risks, especially when other parties act in a negligent manner.
The lawyers of Wagner Workers Compensation & Personal Injury Lawyers help industrial accident victims through the most challenging times in their lives. Our experienced Chattanooga industrial accident attorneys work hard to investigate the details of your accident and seek appropriate compensation through a workers’ compensation claim or a personal injury claim.
Major industrial employers in Chattanooga include the Volkswagen Chattanooga Plant and the Chattanooga Coca-Cola Bottling Co. There are many others.
Call us now to assert your right to compensation.
How can we help?
How do industrial accidents happen in Chattanooga?
The Chattanooga workers’ compensation attorneys of Wagner Workers Compensation & Personal Injury Lawyers have the skill to handle numerous industrial accident cases, including those involving:
- A burst storage tank that caused a flood
- Carbon monoxide poisoning in tunnels
- Explosions
- At oil rigs, oil refineries, and chemical plants
- Dust explosions
- An underground mining explosion
- Factory fires
- Falls from heights
- Slip and fall or trip and fall accidents
- Exposure to dangerous chemicals and toxins
- Overexertion
- Electrical accidents, including electrocution
- Being caught in or between machinery or equipment
- Vehicle accidents
- Repetitive stress
- Extreme temperatures
- Unstable structures
- Excessive noise
What are the causes of industrial accidents in Chattanooga?
Our Chattanooga industrial accident lawyers understand how industrial accidents happen and who is responsible. The good news is that in workers’ compensation cases, there is no need to prove fault. You don’t have to show your employer was negligent. Still, it helps to know the cause to prevent future accidents.
In personal injury and wrongful death cases, it is necessary to show what happened and why. In product liability cases, you need to show that the machinery, equipment, or tool was defective and that the defect caused your injuries.
Some of the common causes of industrial accidents include:
- Violations of federal, Tennessee, and local regulations (including building codes)
- Failure to properly plan, design, and monitor the industrial work
- Failure to follow standard industry safe practices and protocols
- Failure to train and educate the workers
- Failure to use quality machines, equipment, and tools
- Improper use of machines, equipment, and tools
- Malfunction of machines, equipment, or tools
- Failure to provide safety equipment for the workers
- Failure to understand what hazardous materials are being used and to take appropriate safety precautions
- Failure to conduct risk assessments
- Lack of communication
- Worker fatigue
The Occupational Safety and Health Administration (OSHA) issues recommendations and establishes regulations that industrial employers are expected to follow for the protection of workers.
Who is responsible for industrial accidents in Chattanooga?
The responsible parties, depending on the type of claim you file, may include:
- Your employer
- The owner of the industrial site
- General contractors
- Subcontractors
- Engineers
- Architects
- Manufacturers of defective industrial equipment, machines, and tools
- Maintenance and repair companies
- Vehicle drivers
At Wagner Workers Compensation & Personal Injury Lawyers, we can work with investigators and product safety experts and conduct extensive discovery (including examining safety records) to determine the cause of your accident and who is responsible.
What types of claims can industrial accident victims file in Tennessee?
The type of claim you can file depends on your job status, your reason for being at the industrial site, and other factors.
Workers’ compensation
You have the right to file a workers’ compensation claim in Tennessee against your employer if you suffer injuries during the scope of your employment or an occupational illness. There is no need to prove that your employer was negligent. Workers’ compensation benefits include:
- All of your reasonably necessary medical bills with every covered medical provider
- Temporary disability benefits while you cannot work
- Permanent disability benefits if you have a qualifying disability
- Death benefits for those who qualify
You cannot seek pain and suffering damages.
Personal injury
Independent contractors and non-employees (such as vendors and visitors) can file a personal injury claim against those responsible for an industrial accident. Our Chattanooga personal injury lawyers seek compensation for all your current and future:
- Medical bills of every nature by every medical provider
- Lost income and benefits for as long as you cannot work
- Daily physical pain and emotional suffering
- Scarring and disfigurement
- Property damage
- The inability to enjoy life’s pleasures
- Loss of bodily function
- Loss of consortium
Product liability
If any of the machines, equipment, or tools in use at the industrial site are found to be defective, the product designer, manufacturer, or retailer may be financially accountable for resulting injuries.
Damages in product liability cases are generally the same as the damages in personal injury cases. There is no need to prove fault in a strict liability claim if you can show the product was defective, and the defect caused you harm. Product liability claims also include breach of warranty claims and negligence claims. In negligence claims, you do need to prove fault.
Wrongful death
We represent families when a family member dies in an industrial accident. Wrongful death claims are similar to personal injury claims except that your loved one is not alive to testify. Wrongful death damages include:
- The funeral and burial costs
- Any outstanding medical bills
- The loss of financial support
- The loss of personal support, including love, comfort, education, and companionship
FAQs
How is my job status (employee or independent contractor) determined?
Generally, employees must file a workers’ compensation claim against their employer. While independent contractors often file personal injury claims, in Tennessee, certain hiring entities may be considered 'statutory employers' under Tenn. Code Ann. § 50-6-113, which could limit your recovery to workers' compensation benefits even if you are not a direct employee. We can explain your job status to you.
Your status normally depends on the ability of your employer (or the company that hires you) to control your workplace performance, hours of work, where you work, the tools you use, how you’re paid, and other factors.
How much time do I have to file my workers’ compensation or personal injury claim in Tennessee?
The timelines for filing your claim are as follows. Don’t wait. Call us as soon as possible to protect your rights.
In Tennessee, employees generally must provide written notice of the injury to their employer within 15 days of the accident, though exceptions may apply. You may lose your right to benefits if you fail to do so.
You must file a Petition for Benefit Determination with the Tennessee Bureau of Workers’ Compensation within one year of the accident date or the last voluntary payment of benefits under Tenn. Code Ann. § 50-6-203.
Exceptions may apply to these time requirements.
What steps should I take after an industrial accident?
We recommend that you:
- Seek immediate medical care, such as at Erlanger Medical Center
- Notify your employer about the accident in writing
- Take photos of the accident site, the equipment, and your injuries
- Obtain the names and contact details for any witnesses
- Contact our experienced industrial accident attorneys
Do you have an industrial accident lawyer near me?
Wagner Workers Compensation & Personal Injury Lawyers meets industrial accident victims and families at our Chattanooga office located at 701 Market Street, Suite 310. We meet accident victims who cannot travel due to their injuries or illness at their homes or through video conference when necessary.
We can explain what type of claim you can file and guide you through each step of your claim.
Contact our accomplished Chattanooga industrial accident attorneys today
Wagner Workers Compensation & Personal Injury Lawyers has been representing workers for more than 80 years. We’re ready to fight for your future if you were involved in an industrial accident.
Call us now or fill out our contact form to schedule a free consultation.