Working on an assembly line can be dangerous. Our client was working in a food assembly plant when the machine she was working on got jammed. Our client hit the emergency stop on the machine and attempted to clear the jam. Unfortunately, the machine then released a pressurized metal plate causing severe injury to her index fingers.
After being rushed to the hospital, many months of pain, multiple surgeries, and eventual amputation, our client was left with continued pain and mental anguish from the incident.
Working with our client on her workers compensation case from the beginning, we were able to navigate the numerous issues presented in her case to get her medical bills paid, avoid defenses to derail her case, get her paid while she was off work, and use all of that to maximize a settlement in her favor against the machine company.
With a keen eye in analyzing the case at the beginning, we were able to quickly identify some of the issues in our clients case. Workers’ Compensation was just the beginning for our client.
The remaining question was what went wrong with the machine? After looking into this matter and hiring the best experts in the field, we were able to come to a reasonable settlement for all the issues that our client experienced by pursing the company that manufactured the machine which caused our clients injury.
Why hire an Attorney?
If you have been injured at work, sometimes there are items, like the machine in this case, that were ‘at fault’. In that scenario, you might have a workers compensation case and a separate claim (either under personal injury or product liability).
Our firm has extensive experience in both areas and can effectively navigate the workers compensation process and the civil court process.
Hiring an attorney at the outset of an injury insures that your case will be taken seriously and all avenues of potential recovery are investigated.
How is this not just a workers compensation case?
In Illinois, workers compensation is the exclusive remedy for injuries that happen at work. But if your injury is the ‘fault’ of either a non-employee or of a machine that failed, you may have an additional claim that can be brought.
Can You Sue a Machine Manufacturer After a Work Injury in Illinois?
In many cases, yes. If a machine caused your injury, you may have a claim against the company that made it on top of your workers’ compensation benefits. These cases usually involve a safety feature that failed, a dangerous design, a manufacturing defect, or warnings that were missing or unclear.
Since the machine itself is often the most important piece of evidence, it needs to be inspected before it’s repaired or replaced. The sooner you talk to a lawyer, the better your chances of protecting it.
What to Do After a Machinery Injury at Work
- Get medical care and report the injury to your employer right away.
- Take photos of the machine, the work area, and your injuries if you can.
- Write down the names of any coworkers who saw what happened.
- Have a lawyer send a letter asking that the machine be preserved.
- Talk to a lawyer before giving any statement to any insurance company.
What Cronauer Law Can Do for You
Our Illinois workplace injury lawyers look past the comp claim to find everyone who may be responsible, whether that’s the manufacturer, a maintenance company, or an outside contractor. Once we’ve built the case, we also handle the workers compensation case so you get the most recovery possible.
Frequently Asked Questions
Can I get workers’ comp and sue a machine manufacturer?
Yes. In Illinois, you can collect workers’ comp from your employer and still bring a separate product liability claim against the company that made a machine that caused you harm.
How long do I have to file a claim in Illinois?
In most scenarios in Illinois, the statute of limitations is 3 years from the date of the injury for workers compensation claim, but 2 years for product liability and personal injury claims. There are some exceptions to the above, so contacting an attorney is critical and the longer an injured person waits, the harder their case will be to pursue.
Hurt by Machinery at Work? Call Cronauer Law
If a machine or piece of equipment failed and you got hurt, workers’ compensation may not be all you are entitled to. Call Cronauer Law at 815-895-8585 for a free case review and we’ll walk you through your options.
Past results do not guarantee future outcomes. Every case depends on its specific facts and circumstances.