Industrial Accidents Caused by Corporate Negligence

Industrial workplaces come with serious risks, but injuries are not inevitable. Many industrial accidents are caused by a company’s failure to follow basic safety practices and requirements. Corporations that cut corners, ignore hazards, or fail to protect workers in an effort to save time can cause devastating losses for workers and their families.

California law allows workers and their family members to hold companies accountable when they fail in this way. Understanding how corporate negligence works can help you get one step closer to seeking compensation. Ready to discuss your case in greater detail? Call McNicholas & McNicholas, LLP today.

What is corporate negligence in industrial settings?

Corporate negligence involves a business’s failure to exercise reasonable care in maintaining a safe environment. Proving negligence involves proving four elements: a duty of care, a breach of that duty, a link between the breach and the injury, and measurable damages.

Corporations owe a duty of care to their employees, but also to contractors, visitors, and (in some cases) members of the public.

Corporate negligence plays out in a variety of ways, including:

• Ignoring known safety hazards
• Failing to repair or replace dangerous equipment
• Cutting costs at the expense of workers’ safety
• Violating established safety regulations
• Exposing workers to chemical hazards without proper PPE

When these failures lead to injury, the company can be held legally responsible.

Common causes of industrial accidents linked to negligence

Industrial accidents are often preventable. Many industrial workplace injuries could have been prevented with proper safety protocols.

Poorly maintained equipment

Equipment that is poorly maintained or improperly designed can malfunction, but companies may fail to maintain equipment due to the associated costs or the downtime it requires. This safety failure can lead to serious injuries. Missing guards, worn-out components, and defective parts can all cause grave injuries to workers.

Lack of safety procedures

Employers must establish and enforce clear safety procedures. That does not mean simply putting up a list of safety procedures and leaving employees to follow. Companies that do not provide safety equipment, enforce safety rules, or create emergency response plans set workers up for failure.

Inadequate worker training

Workers who are entrusted with dangerous machinery or materials need proper and ongoing training—not just a brief introduction to the equipment they will be using. If a company forces someone to work with dangerous equipment without proper instruction or oversight, they dramatically increase the likelihood of an accident.

Chemical hazards

Industrial sites often have various chemicals that are only safe with proper handling and safety gear. Improper storage, labeling, and ventilation can expose workers to chemical burns, respiratory damage, or long-term and life-shortening illnesses. Dangers also arise when chemicals are stored next to those that can cause explosive reactions. This also ties into safety requirements; if a company doesn’t enforce safety requirements with chemical handling, it may be partially responsible.

Safety violations

Violations of federal OSHA or California workplace safety standards may serve as evidence of negligence. These regulations are not arbitrary; they exist because of tragic accidents that proved the need for regulations. As workplace safety professionals often say, these requirements and guidelines are written in blood. They are now requirements because they could have saved people’s lives.

Injuries reported after industrial accidents

Industrial accidents can leave workers with severe or life-altering injuries. These can include:

• Burns from fires, explosions, and chemical exposure
• Crush injuries caused by heavy machinery
• Amputations caused by equipment malfunctions
• Traumatic brain injuries resulting from falls or equipment collisions
• Spinal cord injuries leave workers with partial or full paralysis
• Respiratory conditions caused by inhaling toxic fumes

Workers who suffer these injuries and illnesses often need extensive medical treatment. They may even need lifelong care or suffer chronic pain as a result of their conditions.

Who can be held liable for an industrial accident?

Determining liability in an industrial accident requires an in-depth look at the circumstances of the accident and everything that contributed to it. Potential liable parties include:

• Employer or corporation: A company that engages in unsafe practices, does not provide adequate training, or fails to maintain a safe work environment may be liable for accidents that follow.
• Equipment manufacturers: If a defective machine or item contributed to the accident, the manufacturer may be held responsible under California’s strict liability laws.
• Third-party contractors and vendors: Many industrial worksites have multiple employers present. Outside contractors may be responsible for safety failures.
• Property owners: If a non-employer property owner maintained unsafe conditions that contributed to the accident, the owner could be held partially liable.

Workers’ compensation vs. personal injury claims

In California, the majority of workplace injuries are covered exclusively by workers’ compensation. Workers’ compensation provides medical care, partial wage replacement, and disability benefits. But it has limitations; you cannot recover your full lost wages, compensation for pain and suffering, or other types of compensation for accident-related losses.

In some circumstances, California law allows injured workers to file a civil lawsuit against their employer. This is generally only an option if an employer engaged in fraudulent concealment of injury, engaged in willful physical assault as recognized under California law in very limited cases, caused injury through a defective product in limited circumstances recognized under California law, knowingly removed or failed to install a point-of-operation guard on a power press, or did not have workers’ compensation coverage.

Injured workers can also pursue a personal injury claim against a third party that contributed to or caused the accident.

Non-employees can also suffer injuries during industrial accidents. Because they are not employed by the company involved, they can pursue a personal injury claim.

Proving corporate negligence

If you want to hold a company accountable for the harm caused by their negligence, you need to prove that they failed to meet their duty of care and that your injury is a direct result of that. Key evidence may include:

• Workplace safety records
• Inspection reports
• Maintenance and repair logs for equipment
• Employee training materials and records
• Witness statements
• Expert testimony
• Documentation of industry safety standards

Whether you can sue your employer, sue a third party, or exclusively receive benefits from workers’ compensation depends entirely on the details of your case. It is important to speak with a personal injury attorney who can help you identify potential liable parties and take action.

Demand justice now with McNicholas & McNicholas, LLP

If an industrial accident has left you injured and traumatized, we are here to help you hold the negligent parties accountable. Take the first step in your claim now by contacting us online or calling.