Industrial accidents are, unfortunately, all too common in Mississippi factories, severely injuring workers and leaving them with permanent disabilities. Whether an accident results from machinery malfunction, chemical exposure, or a fall from height, injured workers can seek financial recovery through a workers’ compensation claim or third-party injury lawsuit.
If you suffered injuries in an industrial accident in Mississippi, understanding your rights and the steps to take to seek the compensation you need is essential. Contact Chatham Gilder Howell Pittman for a free consultation with an experienced industrial accident lawyer. Since its founding in 1932, our firm has successfully recovered millions of dollars for clients through settlements and verdicts. Let us show you what we can do for you.
Mississippi Workplace Safety Laws
Industrial workers in Mississippi are protected primarily by federal safety regulations issued by the Occupational Safety and Health Administration (OSHA). OSHA enforces workplace safety standards across the full spectrum of industries, including industrial manufacturing, construction, and logistics. Some of the legal requirements for employers under OSHA include:
- Providing a safe work environment free from known or expected hazards
- Properly training employees on safety procedures and equipment use
- Conducting regular safety inspections and risk assessments to identify potential hazards
- Maintain safety and accident records, and report injuries and fatalities that occur
If the accident that causes your injury results from or involves an OSHA violation, it can strengthen your case for compensation. An industrial accident lawyer can investigate the incident to determine the cause and whether your employer violated any regulations.
Common Industrial Hazards
Industrial and factory settings include a wide range of potential hazards workers must contend with. Some of the most common causes of industrial workplace injuries are:
- Heavy Machinery Accidents – Workers can be struck by or caught within heavy machinery, leading to crushed limbs, broken bones, lacerations, or amputations. Incidents involving machinery often result in permanent disability.
- Falls from Heights – According to OSHA, falls are one of the leading causes of worker fatalities in the construction industry. Workers on industrial construction sites should always use fall arrest gear when working at height to prevent these accidents.
- Chemical Exposure – Harsh chemicals are used in many industrial settings, which can cause burns, respiratory issues, vision damage, and chronic illness in workers exposed without proper personal protective equipment.
- Electrical Accidents – Workers in industrial settings may come in contact with exposed wiring or high-voltage equipment, which can cause electrical shocks, burns, or cardiac arrest.
- Repetitive Stress Injuries – Long work hours involving repetitive motions, like lifting, twisting, and bending over, can lead to various musculoskeletal disorders over time. These injuries can be difficult to connect to your work without the proper medical evidence.
Mississippi Workers’ Compensation Claims
In Mississippi, employers with five or more regular employees must have workers’ compensation insurance. Workers’ comp is a system that provides injured employees with medical expense coverage and wage loss benefits regardless of who is at fault for their injuries. Notably, it only covers employees, not independent contractors.
Medical expense coverage includes hospital stays, surgeries, medical treatments, prescription medications, and physical therapy related to the incident. Wage loss benefits cover up to two-thirds of the injured workers’ average weekly wage, as long as it doesn’t exceed the maximum weekly amount. If a death occurs, the deceased’s family members can receive wage loss benefits and compensation for covering the funeral.
To be eligible for workers’ compensation, injured workers must report their injury to their employers as soon as possible, but within 30 days at the latest. Workers also have two years to file a claim with the Mississippi Workers’ Compensation Commission to dispute the handling of their insurance claim.
Third-Party Injury Lawsuits
If you are an independent contractor, you can file a personal injury lawsuit against your employer if you are injured on the job. Additionally, any worker can file an injury lawsuit against third parties that contributed to their injuries.
For example, you could file a lawsuit against the manufacturer of defective machinery, a contractor or subcontractor, or a company that provided inadequate machinery maintenance.
Under Mississippi Code Section 15-1-49, injured parties have three years to file personal injury lawsuits against the at-fault parties.
Steps to Take After an Industrial Accident
After an industrial accident, you should take the following steps to strengthen your case:
- Report the accident to your employer as soon as possible and request a copy of their official incident report.
- Follow up with your medical treatment until you fully recover or will not recover further, and keep track of any medical bills received.
- Document the incident by taking photographs of the hazard that injured you and your visible injuries, and writing down what you remember about the accident.
- Avoid providing recorded statements to insurance companies, particularly in personal injury cases, as the insurers will try to use your statement to deny or devalue your case.
- Consult an attorney for assistance with all aspects of your case, including investigating the accident, calculating your damages, filing your claim or lawsuit, and representing you in negotiations and at trial.
Industrial Accident Prevention
While it’s your employer’s responsibility to keep your workplace free from hazards, workers should also take the following precautions to prevent industrial accidents:
- Always use required safety gear, attend training sessions, and report hazards you notice.
- Inspect machinery and other equipment for obvious signs of wear before use.
- Know the steps to take and procedures to follow in case of an accident.
- Stay alert, keep an eye on your surroundings, and communicate with your coworkers to avoid hazards.
Contact Our Mississippi Industrial Accident Lawyers
Contact Chatham Gilder Howell Pittman for a free consultation with an experienced Mississippi industrial accident lawyer if you got hurt on the job. We’ll review your case, determine whether you have a workers’ comp claim, third-party injury lawsuit, or both, and walk you through the next steps toward seeking the compensation you need.
