Industrial and construction-based occupations generally require a great deal of situational awareness. Employees must be able to do their jobs safely and account for changing safety conditions in their workplaces. If you or a loved one suffered injuries on the job due to obstructed lines of sight, liability for your damages could fall to your employer or other parties. Contact the Law Firm of Aaron A. Herbert today to schedule a free case review with a Dallas-Fort Worth attorney and learn more about your options for legal recourse.
Why Hire an Attorney?
A workplace accident claim may seem simple at first, but proving liability for an obstructed line of sight can be more complex than you initially expected. Your attorney can help you gather evidence and coordinate with expert witnesses to support your claim. For example, a safety expert could assess whether an obstructed line of sight was the cause of an employee’s injuries, strengthening the victim’s claim. An attorney can also handle negotiations with insurance carriers, navigate the workers’ compensation claims process, and help the client prepare for depositions and trial if necessary.
Determining Liability for an Obstructed Line of Sight Claim
Anyone injured due to an obstructed line of sight must first determine liability for the accident. Did the design of a piece of equipment make it impossible for the operator to see a safety hazard? Liability for such an accident would likely fall to the product manufacturer. Did the employer or supervisor arrange workplace tools and machinery in such a way that it created an obvious line of sight obstruction for an employee? Liability in such a case would then fall to the employer. Other employees or even third parties may also face liability for an obstructed line of sight claim.
If the design of a product, machine, or tool caused the obstructed line of sight, the victim would need to file a product liability claim against the manufacturer. If a design flaw, production defect, or inaccuracy in marketing or included instructions resulted in the accident, the manufacturer is liable for the damages. In the event an employer's negligence leads to an obstructed line of sight claim, the injured employee may have the option of pursuing workers' compensation for his or her damages.
Texas does not require all employers to carry workers' compensation insurance. If an injured employee's employer does have workers' compensation insurance, the claims process is much easier to navigate with the help of an attorney. However, workers' compensation may not offer enough to fully cover an injured employee's damages, or the employer may not have workers' compensation insurance. A personal injury lawsuit against the employer may offer additional compensation or take the place of a workers'' compensation claim if necessary.
Damages and Compensation After an Obstructed Line of Sight Accident
Workplace accidents from obstructed lines of sight can involve falling injuries, broken bones, traumatic brain injuries, and many more severe or fatal injuries. Anyone injured due to a negligently obstructed line of sight can secure compensation for immediate and future medical expenses, pain and suffering, and lost wages. If a victim’s injuries prevent him or her from working in the future, the victim may also recover compensation for lost future earning potential.
Hiring an attorney offers the best chance of securing a recovery after an obstructed line of sight injury in the workplace. If you or a loved one suffered any kind of injury at work due to an obstructed line of sight, contact the Law Firm of Aaron A. Herbert, P.C. today and schedule a free case evaluation with a Dallas-Fort Worth attorney. We can review your claim and your damages so you have a better idea of what to expect from a lawsuit.