If you’ve been hurt in an industrial accident in Dallas, you may be entitled to substantial compensation beyond workers’ compensation. Our industrial accident lawyers handle serious workplace injury claims involving manufacturing facilities, warehouses, plants, refineries, and construction sites across Dallas County.
Industrial accidents often cause life-changing injuries. You may be facing mounting medical bills, lost income, and uncertainty about your future. The stress is real, and the stakes are high.
Why Industrial Accidents Are Different from Typical Workplace Injuries
Most workplace injuries are covered only by workers’ compensation, which limits your ability to sue your employer. However, industrial accidents frequently involve third parties like equipment manufacturers, contractors, or subcontractors. When someone other than your employer causes your injury, you can file a personal injury lawsuit for full compensation.
This distinction matters. Workers’ compensation covers medical bills and a portion of lost wages, but it doesn’t compensate you for pain and suffering or punitive damages. A third-party claim allows you to recover all damages you’ve suffered.
Common third parties in industrial accident cases include:
- Equipment manufacturers who sold defective machinery
- Maintenance companies that failed to inspect or repair equipment
- Contractors or subcontractors who violated safety protocols
- Property owners who maintained unsafe premises
- Delivery drivers or transportation companies
Common Types of Industrial Accidents in Dallas
Industrial facilities present unique hazards. Dallas is home to numerous manufacturing plants, warehouses, distribution centers, and industrial sites. The types of accidents we see most frequently include:
Machine and Equipment Accidents. Forklifts, conveyor belts, presses, and other heavy machinery can cause catastrophic injuries when they malfunction or operators receive inadequate training. Crush injuries, amputations, and severe lacerations are common.
Falls from Heights. Workers on scaffolding, ladders, platforms, or elevated work areas face serious fall risks. A fall from even 10 feet can result in broken bones, spinal injuries, or traumatic brain injuries.
Struck-By Accidents. Falling objects, swinging equipment, or moving vehicles strike workers regularly in industrial settings. These accidents often involve cranes, overhead materials, or vehicles backing up without proper spotters.
Chemical Exposure. Toxic chemicals, fumes, and hazardous materials can cause respiratory damage, burns, or long-term health complications. Some exposures lead to cancer or other diseases that don’t manifest until years later.
Explosions and Fires. Industrial facilities handling flammable materials, pressurized equipment, or electrical systems face explosion risks. These accidents cause severe burns, scarring, and sometimes fatal injuries.
Electrocution. Contact with live wires, faulty equipment, or improper grounding can result in severe electrical burns, cardiac arrest, or death.
Types of Compensation Available in Industrial Accident Cases
When you file a personal injury claim (not just workers’ compensation), you can seek compensation for the full impact of your injuries:
Medical Expenses. This includes emergency room treatment, surgeries, hospital stays, physical therapy, medications, medical equipment, and future medical care. If your injuries require ongoing treatment or long-term care, those costs are included.
Lost Wages and Lost Earning Capacity. You can recover income you’ve already lost due to missed work. If your injuries prevent you from returning to your previous job or reduce your earning ability, you can also claim future lost earnings.
Pain and Suffering. Physical pain, emotional distress, anxiety, depression, and reduced quality of life are compensable. These damages account for how the injury affects your daily life and wellbeing.
Disfigurement and Scarring. Permanent scars, burns, or disfigurement from industrial accidents justify additional compensation.
Loss of Enjoyment of Life. If you can no longer participate in activities or hobbies you once enjoyed, you deserve compensation for that loss.
Punitive Damages. In cases involving gross negligence or willful misconduct, Texas law allows punitive damages. These are meant to punish the wrongdoer and deter similar conduct. Under Texas Civil Practice and Remedies Code § 41.008, punitive damages are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
Who Can Be Held Liable in Dallas Industrial Accidents?
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means you can recover damages as long as you’re not more than 50% responsible for the accident. Your compensation is reduced by your percentage of fault.
Multiple parties may share liability in industrial accident cases. Identifying all responsible parties is essential to maximizing your recovery.
Equipment Manufacturers. If a machine malfunctioned due to a design defect, manufacturing defect, or inadequate warnings, the manufacturer can be held liable under product liability law.
Maintenance and Repair Companies. Companies hired to maintain or repair equipment must perform their work properly. Negligent maintenance that leads to equipment failure creates liability.
General Contractors and Subcontractors. On multi-employer worksites, general contractors and subcontractors owe duties to all workers. If their negligence caused your injury, they can be sued even if they didn’t directly employ you.
Property Owners. Property owners must maintain safe premises. If hazardous conditions on the property caused your accident, the owner may be liable under premises liability principles.
Staffing Agencies. If you were placed at an industrial site through a staffing agency, that agency may share responsibility for ensuring safe working conditions.
Protect What Matters Most. Call our Dallas industrial accident lawyers at (214) 903-4000 to discuss your case.
What Your Dallas Industrial Accident Case May Be Worth
Settlement values vary widely based on the severity of your injuries and the strength of your case. Several factors influence what you can expect to recover:
Severity of Injuries. Catastrophic injuries like spinal cord damage, traumatic brain injuries, severe burns, or amputations typically result in higher settlements. These injuries require extensive medical treatment and permanently impact your life.
Medical Costs. The higher your medical bills, the more your case is worth. If you need future surgeries, physical therapy, or long-term care, those projected costs increase your claim value.
Lost Income. The more work you’ve missed and the longer you’ll be unable to work, the higher your lost wage claim. If you can never return to your previous occupation, lost earning capacity becomes a major component of damages.
Degree of Negligence. Cases involving egregious safety violations or willful misconduct often result in higher verdicts. Clear evidence of negligence strengthens your position in settlement negotiations.
Available Insurance Coverage. The at-fault party’s insurance policy limits affect potential recovery. Industrial sites typically carry substantial liability insurance, but policy limits still matter.
Impact on Quality of Life. Permanent disabilities, chronic pain, and inability to perform daily activities justify significant non-economic damages.
The Claims Process and Timeline for Industrial Accident Cases
Understanding what happens after you file a claim helps you prepare for the process ahead.
Initial Consultation and Case Evaluation
Your lawyer will review the accident details, your injuries, and available evidence. This includes accident reports, medical records, witness statements, and any documentation from your employer or OSHA investigations.
Investigation and Evidence Gathering
Your attorney will investigate the accident thoroughly. This may involve hiring experts to inspect equipment, review safety protocols, and reconstruct how the accident occurred. We’ll identify all responsible parties and insurance policies.
Filing the Claim
Once we’ve gathered evidence, we’ll file a claim with the responsible party’s insurance company. We’ll demand compensation for all your damages.
Negotiation and Settlement Discussions
Insurance companies typically make initial offers that are far too low. Your attorney will negotiate on your behalf, using evidence and expert testimony to justify the full value of your claim. Many cases settle during this phase.
Filing a Lawsuit
If settlement negotiations fail, we’ll file a lawsuit. Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code § 16.003. This means you have two years from the accident date to file suit.
Discovery and Depositions
Both sides exchange evidence through a process called discovery. This includes written questions, document requests, and depositions where witnesses testify under oath.
Trial or Settlement
Most cases settle before trial, but if necessary, we’ll take your case to a Dallas County jury. Trial preparation is extensive and requires significant resources, which is why having an experienced trial firm matters.
Timeline expectations vary. Simple cases with clear liability may settle in months. Complex cases involving multiple defendants, disputed liability, or catastrophic injuries can take one to two years or longer.
Why Insurance Companies Fight Industrial Accident Claims
Insurance companies aren’t on your side. They’re for-profit businesses focused on minimizing payouts. Understanding their tactics helps you avoid common pitfalls.
They’ll Offer Quick, Lowball Settlements. Shortly after your accident, the insurance adjuster may contact you with a settlement offer. These early offers are almost always far less than your case is worth. They’re banking on you accepting before you understand the full extent of your injuries.
They’ll Use Your Statements Against You. Anything you say to an insurance adjuster can be twisted and used to deny or reduce your claim. They’ll ask leading questions designed to get you to admit partial fault or downplay your injuries.
They’ll Delay Your Claim. Insurance companies know that financial pressure mounts as medical bills pile up and you miss work. They use delays as a negotiation tactic, hoping you’ll accept less just to get some money now.
They’ll Blame You. Even when liability seems clear, insurers will try to shift blame onto you. They’ll argue you weren’t following safety procedures, were distracted, or contributed to your own injuries.
They’ll Downplay Your Injuries. Insurance companies hire doctors to review your medical records and claim your injuries aren’t as severe as your doctors say. They’ll argue you’re exaggerating or that your injuries are pre-existing.
Having an experienced lawyer levels the playing field. We know their tactics and how to counter them effectively.
Get the Compensation You Deserve. Schedule your free consultation with our Dallas injury lawyers at (214) 903-4000.
What to Expect from Varghese Summersett
Our approach to industrial accident cases is thorough, aggressive, and client-focused. Here’s what sets us apart:
Immediate Investigation. We act quickly to preserve evidence before it disappears. Machines get repaired, video footage gets deleted, and witnesses’ memories fade. We send preservation letters, hire experts, and document the accident scene while evidence is fresh.
Access to Top Experts. Industrial accident cases require specialized knowledge. We work with mechanical engineers, safety experts, accident reconstructionists, medical specialists, and economists who can testify about your injuries and losses.
Substantial Resources. Our firm has 70+ team members across four Texas offices. We have the financial resources to fund litigation against large corporations and insurance companies. We advance all case costs with no upfront fees to you.
Trial Experience. While many cases settle, insurance companies know we’re prepared to try cases. Our trial experience strengthens our negotiating position. We’ve secured favorable outcomes in complex personal injury cases throughout Texas.
Clear Communication. You’ll know what’s happening with your case. We explain legal concepts in plain language and keep you informed throughout the process. You’re not just another case number.
No Fees Unless We Win. We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for you.
Steps to Take After an Industrial Accident in Dallas
The actions you take immediately after an accident can significantly impact your case. Here’s what you should do:
Report the Accident Immediately. Notify your supervisor or employer right away, even if your injuries seem minor. Get the incident documented in writing. Under Texas law, you must report workplace injuries within 30 days to preserve your workers’ compensation rights.
Seek Medical Treatment. Get medical attention immediately, even if you feel okay. Some injuries don’t show symptoms right away. Follow your doctor’s treatment plan and attend all follow-up appointments. Gaps in treatment give insurance companies ammunition to deny your claim.
Document Everything. Take photos of the accident scene, your injuries, and any equipment involved. Get contact information from witnesses. Save any clothing or personal items damaged in the accident. Keep copies of all medical records, bills, and correspondence.
Don’t Sign Anything. Your employer or their insurance company may ask you to sign forms or recorded statements. Don’t sign anything or give any recorded statements without speaking to a lawyer first.
Don’t Post on Social Media. Insurance companies monitor social media. Posts, photos, or comments can be taken out of context and used against you. Assume anything you post will be seen by the other side.
Call a Lawyer Quickly. The sooner you have legal representation, the better protected you are. We can guide you through workers’ compensation procedures while investigating potential third-party claims.
OSHA Violations and Industrial Accidents
The Occupational Safety and Health Administration (OSHA) sets safety standards for workplaces. When employers or contractors violate OSHA regulations, those violations can be used as evidence of negligence in your personal injury case.
Common OSHA violations in Dallas industrial accidents include:
- Failure to provide fall protection equipment
- Inadequate machine guarding
- Improper lockout/tagout procedures
- Insufficient hazard communication about chemicals
- Lack of proper safety training
- Inadequate personal protective equipment
If OSHA investigates your accident and finds violations, that documentation strengthens your case substantially. OSHA reports are public records that we can use to prove negligence.
Frequently Asked Questions
Can I sue my employer for an industrial accident in Texas?
Generally, no. Texas workers’ compensation laws prevent employees from suing their employers for workplace injuries. However, you can sue third parties who contributed to your accident, such as equipment manufacturers, contractors, or property owners. You may also be able to sue your employer in rare cases involving intentional harm or if your employer doesn’t carry workers’ compensation insurance.
How long do I have to file a lawsuit after an industrial accident in Dallas?
Texas law gives you two years from the date of injury to file a personal injury lawsuit. This deadline is strict. If you miss it, you lose your right to sue. Workers’ compensation claims have different deadlines, so it’s essential to consult with an attorney quickly to protect all your rights.
What if I was partially at fault for my industrial accident?
You can still recover compensation as long as you’re not more than 50% responsible for the accident. Texas uses a modified comparative negligence system. Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages total $100,000, you would receive $80,000.
Will I have to go to court for my industrial accident case?
Most personal injury cases settle without going to trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit and potentially going to trial may be necessary. Having lawyers who are prepared to try your case often motivates insurance companies to settle fairly.
How much does it cost to hire an industrial accident lawyer in Dallas?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we recover compensation for you. Our fee is a percentage of your recovery, so we’re motivated to maximize your settlement or verdict. You won’t owe us anything if we don’t win your case.
Get the Legal Representation You Deserve
Industrial accidents change lives in an instant. You’re dealing with serious injuries, mounting medical bills, lost wages, and an uncertain future. You need lawyers who will fight for every dollar you deserve.
Varghese Summersett has secured favorable outcomes for clients throughout Dallas County. Our team includes experienced trial lawyers, former prosecutors, and board-certified attorneys who know how to build winning cases.
Don’t face the insurance companies alone. Let us handle the legal fight while you focus on recovery. Call (214) 903-4000 today for a free consultation. There’s no obligation and no upfront cost. We’re ready to fight for you.
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