Suffering an injury from defective machinery at work can be a life-changing experience. Beyond the pain, you’re likely worried about your finances, your job, and what to do next. But you’re not alone. Every year, thousands of workers face serious injuries—ranging from amputations and lacerations to crushing injuries—and over 800 tragically lose their lives, according to OSHA. If you’ve been injured, Saks, Robinson & Rittenberg, Ltd. is here to tell you that you have rights, and there are legal pathways to help you recover compensation and protect your future. Let’s explore.
Defective machinery injuries at work can stem from several causes, including:
Some of the most common injuries resulting from defective machinery include:
These injuries are often life-changing, leading to medical bills, missed work, and a decreased ability to earn income. Fortunately, the legal system provides remedies for workers injured in these types of accidents.
If you’ve been injured by defective machinery in Illinois, there are three main legal avenues you can explore depending on the circumstances of your case:
Illinois workers injured on the job are typically covered under the Illinois Workers’ Compensation Act, even if the injury was caused by defective machinery. This system ensures that injured employees:
Workers’ compensation is a no-fault system, meaning you don’t need to prove your employer was negligent. However, it is essential to properly file your claim and follow the legal process to ensure you receive maximum benefits.
If your injury was caused by defective machinery, you might also pursue a product liability lawsuit against the manufacturer or distributor of that equipment. Product liability claims typically fall into three categories:
Unlike workers’ compensation, product liability requires proving the equipment itself was defective and caused your injuries. But the potential compensation, which can include pain and suffering, often exceeds what workers’ comp alone provides.
If your employer’s negligence played a role in your injury—such as failing to maintain machinery or adequately train workers—you may be able to file a lawsuit for employer negligence. While workers’ compensation laws generally bar lawsuits against employers, there are exceptions when willful neglect or other misconduct is involved.
Taking the right steps immediately after your accident can significantly strengthen your case. Here’s what to do:
1. Report the Incident
Notify your employer about your injury as soon as possible. Illinois law requires that you formally report your injury no later than 45 days after the incident. Missing this deadline can jeopardize your workers’ comp claim.
2. Seek Medical Attention Â
Prioritize your health by seeking immediate medical care, even if injuries appear minor. Keep detailed accounts of your medical visits, diagnoses, treatments, and related expenses.
3. Preserve Evidence Â
Document the scene with photos or videos, highlighting the defective machinery and injuries. Collect witness statements if coworkers were present.
4. Avoid Signing Anything Without Legal Counsel Â
Employers or insurance companies may pressure you to settle your claim quickly. Avoid signing agreements or providing recorded statements until you’ve consulted with an attorney.
5. Consult an Experienced Lawyer Â
Speak with a knowledgeable Illinois workplace injury attorney who can explain your legal options, negotiate on your behalf, and handle all the complexities of your case.
When you’re injured on the job due to defective machinery, you don’t have to face the aftermath alone. At Saks, Robinson & Rittenberg, Ltd., we have over 40 years of experience helping injured workers secure compensation for their injuries. From navigating workers’ compensation claims to pursuing product liability lawsuits, our experienced attorneys are relentless advocates for our clients. Contact us today; together, we’ll fight for what you need to rebuild your life.