Working on a site where there is an active electric arc furnace (“EAF”) is inherently dangerous, and all sorts of steelworkers face daily risks of being catastrophically injured or even killed in an on-the-job Mini-Mill accident. From explosions; to inhaling of toxic fumes; to fires; being struck-by heavy materials or industrial vehicles; or being burned by a splash of molten metal, the hazards are various and great. For more details, read: Mini-Mills in Illinois and Indiana: Dangerous Workplaces.
Worker victims and their loved ones can have their lives changed in an instant. And while the priority must be medical care and treatment for the injured steelworker alongside comfort and compassionate support for family and friends, financial realities must also be faced. How can a steelworker hurt in a mini-mill accident get help to pay the rent, cover the groceries, and get rightful coverage for all the damages sustained in the incident which may extend to weeks, months, years, or even a lifetime?
Legal Safety Duties Owed to Steelworkers in Mini-Mills
First of all, the injured worker will have had protection defined not only by safety laws and regulations (think OSHA) but also by industrial standards which exist to keep everyone at our local steel production facilities safe from being hurt on the job. The employer has legal duties here. So do a long list of companies and individuals that have some sort of possession, custody, or control of aspects of the worksite as it existed on the day of the steelworker’s accident.
1. Employer Must Have Workers’ Compensation Insurance Coverage
Anyone hurt in a steel mill here in Indiana or Illinois will likely think first of filing for benefits under their employer’s workers’ compensation insurance policy. If they have a union representative, then their rep may even offer to help them file.
Employers in both states are required to pay for insurance policies that protect workers hurt on the job as those policies are defined by law (including things like what benefits are provided, how coverage is decided, and more). Read: 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana.
Workers’ compensation benefits can be fast and a Godsend to worker victims and their loved ones. The claims process goes through state procedures and is overseen by state organizations. For more, see details provided online by the Workers’ Compensation Board of Indiana and the Illinois Workers’ Compensation Commission.
Workers’ compensation benefits are entirely independent from claims for personal injury damages filed under the civil laws of Indiana or Illinois.
2. Third Party Safety Duties and Personal Injury Claims
While federal regulations provide the details, safety in Indiana steel mills in Indiana are overseen by the Indiana state plan, Indiana IOSHA, while steel production facilities in Illinois are under Illinois OSHA. Both programs enforce and investigate workplace injuries, and they each have complaint processes for workers hurt on the job. For more, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
Industrial standards do not have the force of a state statute or federal regulation. However, they do provide definitions of what a reasonable and prudent company or individual should do (or not do) in their steel production efforts. Failures to meet those industrial standards can form arguments of personal injury liability for workers hurt by them. There are various industrial standards applicable in Mini-Mill operations, including those promulgated by the American Iron and Steel Institute and ASTM International.
Failures in worker safety responsibility may be revealed after an extensive, independent investigation undertaken on behalf of the injured mini-mill steelworker, which are done by accident reconstruction experts acting on the worker’s behalf. Maybe there were violations of safety regulations. Maybe there was evidence one or more industrial standards were ignored. Often in severe steelworker injuries, expert opinions will find both regulations and standards were disrespected, resulting in a tragic and preventable work accident.
The expert determinations will be made through their own gathering of facts and their professional analysis of things. Their work is done separate and apart from any government agency investigation into regulatory violations; law enforcement investigations for possible criminal conduct; or any insurance adjuster opinions made on behalf of carriers with policyholders having possible legal liability in the mini-mill accident. See, Accident Reconstruction Experts and Injury Claims.
Legal advocates for the worker-victim will take these expert fact findings and apply them to the law, finding the causes of action available to the steelworker as well as the damages defined by law that can be demanded from those responsible for the harm.
Read: Five Key Differences Between Workers’ Compensation and Civil Claims After Work Accident; and Are There Civil Claims for Damages Against Third-Parties for Your Work Accident?
Potential Third-Party Liability In Mini-Mill Work Accident
Third party personal injury claims by a steelworker hurt on the job in a mini-mill operating in either Illinois or Indiana may include companies as well as individuals. The worker may have claims to assert against several parties, who legally share the blame for what happened.
Each case is unique and must be given individual consideration and respect. Possible personal injury claims, based on negligence; product liability; premises liability; defective products; negligence per se; contractual indemnity; etc., may be available against defendants that include:
- Equipment or machinery manufacturers
- Equipment or machinery suppliers
- Maintenance, repair, or service companies
- Safety consultants or safety managers
- Suppliers of raw materials
- Suppliers of chemicals
- Site owner, lessor, or site manager
- Subcontractors
- Transportation companies owning or operating vehicles on site
- Vehicle drivers.
Also read: What is Industrial Hygiene? Expert Protection of Workers on the Industrial Worksite; and Mini-Mill Work Accidents: Greatest Dangers of Steelworkers Being Hurt on the Job.
A personal injury lawyer experienced in seeking justice for those hurt in serious work accidents can help the steelworker hurt in a mini-mill accident decide how best to proceed. Help may be provided in both the filing of worker’s compensation benefits, especially if there are challenges to the claims, as well as in the investigation and demand for civil damages.
To learn more, read:
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases
- The Steel Industry is Dangerous: How Can Personal Injury Attorneys Help Steel Workers Hurt on the Job?
- 7 Different Parties Who Can Be Liable for Indiana Steel Worker Injury
- Worker Dangers in the Steel Mills and Steel Factories of Indiana.
Mini-mills are extremely dangerous worksites with more and more workers being employed to work near their EAFs here in Illinois and Indiana. The risks they face of a serious or deadly job injury is unacceptably high. Please be careful out there!
