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Presses, conveyors, rollers, augers and pipe handling equipment cause amputations in a predictable way. So do forklifts and unsecured loads. The question is never only how it happened but why the protection that should have prevented it was absent.
Machine guarding, energy control procedures and maintenance history are records, not opinions. Call 713-521-0059.
Sometimes both, and they are separate claims. A machine that was defectively designed or sold without adequate guarding raises a claim against the manufacturer. A guard that was removed on site, or an energy control procedure that was not followed, raises a claim against those who controlled the work.
Because responsibility in Texas is apportioned by percentage, identifying every responsible party matters to what is ultimately recovered.
Texas is the only state where an employer may lawfully carry no workers compensation. If yours does not, Section 406.033 of the Texas Labor Code bars it from arguing contributory negligence, assumption of the risk, or the negligence of a fellow employee. See our page on non-subscriber work injury claims.
The single most important early step is preserving the equipment in the condition it was in. Machines get repaired, guards get reinstalled and settings get changed, often within days and usually without any intent to destroy evidence. Once that happens the defect case becomes an argument instead of a demonstration.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Evidence in an industrial setting moves faster than that. Call 713-521-0059.
