The United States Department of Labor defines an “explosion injury” as “an accident or exposure to chemicals, heat, cold or pressure which results in a trauma that injures the tissues, destroys body tissue or internal organs and is often accompanied by burns.” Injuries from exposure to an explosion include eye burns, facial injuries (e.g., loss of eyelids), broken bones, and lacerations. Depending on the degree of injury, an explosion injury can also be accompanied by impairment of hearing or speech, loss of sensation, and blindness.
Injuries caused by explosions, in the absence of any pre-existing condition, may entitle a victim to workers’ compensation benefits. The critical question in determining the appropriateness of such benefits is whether “an explosion victim who suffered serious bodily injury or death was deprived of his labor. However, an explosion victim who suffered only a minor injury is most likely not deprived of his labor and therefore is not entitled to receive workers’ compensation benefits.”
You should seek the right legal representation for your explosion injury that can help you determine your right to compensation. The law surrounding explosions is complex; it depends on the injured person and their accident, so you need to choose an experienced and able attorney that will represent your every step of the way. For instance, a lawyer who works for a workers’ compensation attorney can help ensure that the risks and damages are considered.
As a general rule, recovery for compensatory damages for an injury caused by exposure to hazardous chemicals or industrial processes will require that the injured employee show that they lost earnings. In addition, they must show that the work was performed in the past and that future earnings are unlikely. Although in “Vinson v. Taylor”, it was held that this rule did not apply to cases of industrial deafness, many state courts have adopted other methods of measuring damages in these situations.
The nature of the injury determines whether an injured employee is entitled to workers’ compensation benefits and whether an employer can be held liable for such benefits. An employer’s liability depends on whether the employer has a duty to ensure that its workers are not exposed to hazards that cause injury and, if so, whether it breached such duty. For instance, the Occupational Safety and Health Act (OSHA) makes employers liable if they fail to maintain a safe workplace. However, it should be noted that this Act applies only to certain industries and has limited liability.
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Most employers would be liable if they knew of the hazardous condition but failed to correct it before an accident occurred or caused the hazard while performing some non-routine task. In addition, most employers would be liable to injured workers if they had a “special relationship” with the employee, such as having direct supervision over them. Since most explosions involve employees and supervisors, it is usually fairly easy for an injured employee to establish liability on the part of their employer.
An explosion injury can have a catastrophic effect on anyone who happens to be in the wrong place at the wrong time. A victim of such an accident should seek legal advice from a claims expert as soon as possible. Taking immediate legal action is crucial for your future, not only because you could be eligible for workers’ compensation but also because it helps you show your employer that you were injured due to their negligence and are serious about the case.
