The Role of a Workplace Accident Attorney Explained [2025 Guide]

Lawsuits Beyond Workers’ Compensation Claims

Many injured workers assume that filing a workers’ compensation claim is their only option after a workplace accident.

While workers’ compensation provides medical benefits and wage replacement, it does not account for the full scope of damages an injured worker may suffer, especially in cases of severe injuries caused by employer negligence, unsafe working conditions, or defective equipment.

This is where workplace accident lawsuits come into play.

Workers’ compensation is designed as a no-fault system, meaning employees do not need to prove negligence to receive benefits.

This system also shields employers from direct lawsuits in most cases.

This does not mean all legal options are exhausted.

Injured workers may pursue third-party lawsuits against negligent parties including:

• Equipment manufacturers: If a worker is injured due to a defective or improperly designed machine, the manufacturer or distributor may be held liable under product liability laws.
• Contractors and subcontractors: Many industrial sites have multiple entities working together. If a contractor fails to follow safety protocols and causes an injury, they may be sued for negligence.
• Property owners: In cases where hazardous conditions on a property contribute to an accident, the owner of the premises may be responsible for failing to maintain a safe work environment.

Unlike workers’ compensation, these lawsuits allow injured employees to recover a broader range of damages, including pain and suffering, full lost wages, and long-term disability.

They also hold responsible parties accountable for maintaining safe workplaces.

If a warehouse worker suffers a severe spinal injury due to a faulty forklift, workers’ compensation may cover medical bills and partial wage replacement.

If the forklift had a design defect, the worker could file a lawsuit against the manufacturer to seek full compensation for medical expenses, lost future income, and pain and suffering.

Workplace injury lawsuits require thorough investigation and legal expertise to prove liability.

A skilled workplace accident attorney evaluates all possible avenues for compensation, ensuring that injured workers receive the maximum financial recovery available.

What a Workplace Accident Attorney Does

A workplace accident attorney plays a crucial role in helping injured workers secure compensation beyond standard workers’ compensation claims.

We investigate, gather evidence, and build a strong case against responsible parties to increase the potential of maximum financial recovery.

Investigating Workplace Accidents

A key responsibility of a workplace accident attorney is conducting a thorough investigation to determine the cause of an injury and identify liable parties.

This process includes:

• Examining the accident site: The attorney visits the workplace to document hazards, assess safety violations, and collect photographic or video evidence before changes are made.
• Interviewing witnesses: Statements from coworkers, supervisors, or safety inspectors provide insight into dangerous work conditions or previous safety concerns.
• Reviewing employer records: Attorneys analyze company policies, training procedures, and OSHA compliance records to determine if safety protocols were ignored.
• Analyzing video footage: Many industrial workplaces have surveillance cameras that may have captured the incident, helping establish exactly how the accident happened.
• Consulting safety experts: In cases involving defective machinery or unclear liability, experts may be brought in to recreate the accident and determine fault.

Gathering Evidence to Prove Liability

Unlike a workers’ comp claim, which does not require proof of fault, workplace accident lawsuits must establish negligence.

To build a strong case, attorneys collect different types of evidence.

Types of evidence includes:

• Medical records: These provide documentation of the severity of injuries, necessary treatments, and long-term medical needs.
• Safety violations and OSHA citations: If an employer has a history of failing inspections or ignoring safety protocols, this strengthens the claim.
• Maintenance logs: Records showing neglected equipment inspections or poor maintenance support can point to employer negligence.
• Defective product evidence: If a machine or tool malfunctioned due to a design flaw or lack of safety features, the manufacturer may be held liable.
• Expert testimony: Workplace safety specialists, engineers, and medical professionals help explain how the accident occurred and what the long-term consequences are for the worker.

Determining Liability and Identifying Defendants

A workplace accident attorney determines who is responsible for the injury.

Unlike workers’ compensation claims, which typically prevent employees from suing their employer directly, personal injury lawsuits can target third-party negligence.

Possible defendants include:

• Employers: If they violated OSHA regulations, failed to provide proper safety gear, or knowingly exposed workers to hazards, they may be held liable.
• Equipment manufacturers: If a defective machine or tool caused an injury, the manufacturer, distributor, or supplier could be responsible under product liability laws.
• Negligent contractors or subcontractors: In multi-company worksites, unsafe practices by outside contractors may contribute to workplace injuries.
• Property owners: If dangerous conditions on a job site caused an accident, the property owner might be held accountable under premises liability laws.

A factory worker who loses a finger due to a defective press may receive workers’ compensation, but an attorney could also file a product liability lawsuit against the manufacturer for failing to include proper safety guards.

Negotiating Settlements and Representing Clients in Court

Workplace accident attorneys play a crucial role in negotiating with insurance companies and opposing legal teams.

Many companies prefer to settle cases out of court to avoid negative publicity and prolonged litigation.

Attorneys ensure their clients receive fair compensation and do not accept low settlement offers that fail to cover long-term expenses.

If negotiations fail, the attorney takes the case to court, presenting evidence, calling witnesses, and arguing for maximum financial recovery.

The litigation process can be complex, requiring in-depth knowledge of workplace safety laws and legal strategies to prove fault.

Providing Legal Guidance and Support

Beyond handling the legal process, workplace accident attorneys offer valuable support and guidance to injured workers and their families.

Ways that attorneys help includes:

• Explain legal options and rights, ensuring clients make informed decisions.
• Help workers navigate medical treatments and insurance claims.
• Provide reassurance and advocacy, especially when facing financial hardships due to lost wages and medical expenses.

By handling all aspects of the claim, an attorney allows the injured worker to focus on recovery while ensuring they receive the compensation they deserve.

Types of Workplace Injuries That Lead to Lawsuits

Workplace injuries can range from minor accidents to life-altering trauma.

While many injuries are covered under workers’ compensation, certain severe injuries often lead to lawsuits against negligent employers, contractors, or equipment manufacturers.

Understanding the types of injuries that may warrant legal action can help workers determine when to seek legal representation.

Catastrophic Injuries That Lead to Lawsuits

Some workplace injuries are so severe that they result in long-term disability, loss of income, or permanent physical impairment.

Common injuries that often lead to lawsuits includes:

• Amputations
• Traumatic Brain Injuries (TBIs)
• Spinal Cord Injuries
• Severe Burns
• Crush Injuries

Amputations

Workers in manufacturing plants, warehouses, and construction sites face risks from heavy machinery, conveyor belts, and power tools.

If a machine lacks proper safety guards or malfunctions due to a defect, an injured worker may have grounds for a lawsuit.

Traumatic Brain Injuries (TBIs)

A fall from scaffolding, being struck by falling objects, or exposure to explosions can cause serious brain injuries, leading to cognitive impairment and long-term medical issues.

If an employer failed to enforce safety measures, they may be liable.

Spinal Cord Injuries

Falls, heavy lifting, or being struck by machinery can cause severe spinal cord injuries, leading to paralysis or chronic pain.

If inadequate safety training or defective equipment played a role, legal action may be warranted.

Severe Burns

Chemical spills, electrical accidents, and industrial fires can result in life-threatening burns.

If an employer failed to provide protective equipment or maintain safe work conditions, they could be sued for negligence.

Crush Injuries

Heavy machinery, forklifts, and collapsed structures can cause crush injuries, leading to internal damage, broken bones, or amputations.

If faulty equipment or workplace hazards were involved, a third-party lawsuit may be necessary.

Common Causes of Workplace Injuries That Lead to Lawsuits

While accidents happen in any workplace, certain conditions make injuries more likely to result in lawsuits.

Common causes of workplace injuries includes:

• Defective Machinery: Employers and manufacturers can be held liable if equipment malfunctions due to poor design, lack of maintenance, or missing safety features.
• Lack of Safety Protocols: If an employer fails to enforce OSHA regulations, provide safety training, or supply proper protective gear, they may be responsible for resulting injuries.
• Exposure to Hazardous Materials: Chemical exposure, toxic fumes, or lack of ventilation can lead to long-term health conditions, including respiratory diseases or cancer.
• Negligent Supervision: If an employer allows unsafe work conditions, ignores hazards, or fails to properly train employees, they can be sued for negligence.

When an injury goes beyond basic workers’ compensation, a lawsuit may be the best option for securing full compensation.

How an Attorney Builds a Workplace Injury Lawsuit

A personal injury or workers’ compensation attorney builds a strong case by thoroughly investigating the incident, gathering critical evidence, and establishing liability.

The process begins with an in-depth consultation, where we review the worker’s injuries, employment conditions, and potential third-party involvement.

We work closely with accident reconstruction experts, safety specialists, and medical professionals to determine the cause of the injury.

We obtain workplace incident reports, OSHA violation records, and witness statements to support claims of negligence.

If defective machinery played a role, we may collaborate with engineers to prove a product liability case against the manufacturer.

Medical records play a crucial role in quantifying damages.

We collect documentation from healthcare providers to establish the severity of injuries, long-term impact, and the need for future medical care.

Financial experts may be consulted to calculate lost wages and diminished earning capacity.

Once liability is determined, we file a lawsuit on your behalf against the responsible parties, such as negligent contractors, manufacturers, or property owners.

Negotiations with insurance companies aim to secure a fair settlement.

But if necessary, the case proceeds to trial.

A well-prepared case increases the likelihood of obtaining maximum compensation for the injured worker.

Damages That May Be Recovered in a Workplace Injury Lawsuit

In a workplace injury lawsuit, damages go beyond what workers’ compensation provides.

An injured worker can seek economic damages, including full coverage of medical expenses, rehabilitation costs, and lost wages.

If the occupational injuries result in long-term disability or reduced earning capacity, compensation may also cover future lost income.

Non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life, which are not covered by workers’ compensation.

In cases of extreme negligence, such as an employer knowingly violating safety regulations, punitive damages may be awarded to punish the responsible party and deter similar misconduct.

Families of workers who suffer fatal injuries may file a wrongful death lawsuit to recover damages for funeral expenses, loss of financial support, and emotional suffering.

By pursuing a lawsuit, injured workers and their families can secure the full compensation necessary for recovery and financial stability.

TorHoerman Law: Experienced Workplace Accident Attorneys

A workplace accident attorney plays a crucial role in securing justice for injured workers, especially in industrial environments where injuries are often severe and life-altering.

While workers’ compensation provides some relief, it may not fully cover the financial and emotional toll of a workplace injury.

Pursuing legal action against negligent third parties ensures that victims receive the compensation they deserve for medical expenses, lost income, and pain and suffering.

If you or a loved one has been injured due to an unsafe workplace, consulting an experienced workplace accident attorney can make all the difference in protecting your rights and future.

Contact Torhoerman Law today to discuss your situation and determine if there’s a case.

You can also use the chatbot on this page to find out if you qualify instantly.