Historically, the Industrial Revolution changed almost all of our industries or forms of endeavor with the introduction of heavy machinery into the job site. Today, the economies of Indiana and Illinois depend upon men and women who daily come into contact with all sorts of sophisticated industrial machines on the job that can cause severe bodily injury or death in an instant.
Heavy machinery accidents can arise from any segment of the industrial production process, and from any number of machine parts or functions. Workers can be permanently harmed or killed as a result of these injuries.
Workers at High Risk for Heavy Machinery Accidents in Indiana and Illinois
The National Institute for Occupational Safety and Health (“NIOSH”) warns of particularly severe heavy machinery hazards facing workers in the following industries: Manufacturing; Construction; and Farming.
Manufacturing
As for manufacturing, Illinois ranks third in the country this year for manufacturing jobs, behind only Texas and California. In the State of Indiana, manufacturing accounted for 26.41% of the state’s total output with 16.37% of all Hoosiers being employed in the manufacturing trades.
Construction
Construction is booming in both states, and this trend is expected to continue for several years. For more, read “Indiana Construction Projects Boom Thanks To New Budget Plan,” written by Casey Smith / Associated Press and published by WFYI-PBS on August 9, 2021. Also read, “Post-pandemic residential development boom in Chicago spurs construction opportunities: Crain’s,” written by Mark Buckshon and published by Chicago Construction News on October 19, 2021.
Farming
Both Indiana and Illinois have a significant amount of commercial farming operations. Our part of the country is well-known for our rich farmland and the extensive acreage dedicated to farming in each state. For more, read: Serious or Deadly Farm Accidents in Indiana and Illinois.
What is a Heavy Machinery Accident?
Any employee bodily injury caused by a machine is considered an industrial machine accident, however a “heavy machinery accident” involves equipment and devices whose characteristics increase the likelihood of death or catastrophic harm. A key distinction of most heavy machinery is that licensure and specialized training is usually required by the worker before its operation.
Each piece of heavy machinery, regardless of the industry, will have specific operating procedures and safety protocols that are to be followed for the safety of the workers as well as others on the job site. There will also be emergency instructions provided by the manufacturer to be implemented in the event of failure or damage to the machine or its components. Heavy machinery must be kept in good repair and undergo routine maintenance as defined by the manufacturer.
Heavy machinery accidents can involve:
Motor vehicle accidents
These heavy machinery accidents can include a variety of vehicles, from tractors on a farm; forklifts in a warehouse; to bulldozers on a construction site. For more, read: Forklift Accidents: Serious and Deadly Industrial Truck Injuries on the Job.
Struck-by accidents
These are incidents where a worker is seriously injured or killed when he or she is hit by a piece of heavy equipment, or slammed between the heavy machinery and an immovable object. For more, read: Fatal Construction Work Accident: Injuries from Being Struck By Object.
Caught-in-between accidents
Heavy machinery accidents are usually serious and often fatal when the circumstances involve a “caught-in-between” incident. Here, OSHA explains the victim is “squeezed, caught, crushed, pinched, or compressed between two or more objects, or between parts of an object. This includes individuals who get caught or crushed in operating equipment, between other mashing objects, between a moving and stationary object, or between two or more moving objects.” For more, read: Caught In-Between Hazards: One of OSHA’s “Fatal Four” Deadly Construction Accidents.
Causes of Heavy Machinery Accidents in Indiana and Illinois
Each heavy machinery accident will have its own peculiarities and unique factors that contributed to the event. The accident victim can have an independent investigation along with those assigned by the employer and/or the company insurance carrier to determine whether any one or more of the following was a cause of the accident:
- Failure of the supervisor or management to train the worker(s);
- Failure of the supervisor or management to oversee the worker(s);
- Failure of the supervisor or management to require spotter(s);
- Failure of the supervisor or management to provide personal protection equipment (“PPE”);
- Negligent hiring by the company (e.g., history of drug or alcohol abuse; criminal record; past accident history; lack of licensure; lack of training; expired license; etc.);
- Defective machine part due to flawed design;
- Failure of a machine part due to lack of maintenance or repair; and
- Machine operator mistake or error due to overwork fatigue.
Liability for Heavy Machinery Accidents
Employers have a duty to provide workers with a safe place to work and if there is an on-the-job accident, the failure of the employer to meet that legal duty must be investigated. However, other parties may also have a legal liability for the heavy machinery accident and its resulting harm.
These include: (1) the owner of the accident site; (2) the designer and/or manufacturer of the machine; (3) any contractor responsible for the machine’s condition (repair and upkeep); and (4) others involved with the project, such as engineers, architects, or general contractors.
Accident Victims’ Claims for Heavy Machinery Accidents
Heavy machinery accidents often result in a worker suffering permanent bodily harm if they are blessed with surviving the incident. Catastrophic injuries that are life-changing for both the worker as well as their loved ones can include things like amputation of one or more limbs, as well as burns, internal organ injuries, traumatic brain injuries, and spinal cord injuries resulting in paralysis.
For more on these types of worker injuries, read:
- Amputation Injuries from On-the-Job Work Accidents in Indiana or Illinois
- Head Injury in an Accident: Varied Causes of Permanent Brain Injuries
- What are Catastrophic Injuries? Severe Bodily Harm Suffered by Accident Survivors in Indiana and Illinois.
Both Indiana and Illinois provide legal redress to workers and their families when there has been a heavy machinery accident on the job. In some instances, federal law may also provide for claims to be filed by these accident victims. Civil actions may also be available, as well. Each heavy machinery accident must be given individual respect and consideration as justice is sought in the aftermath of the tragedy.
See:
- Workers Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed
- Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois
- Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims.
Workers in Indiana and Illinois rely upon their employers to keep them safe on the job. Unfortunately, all too often in our part of the country, employees suffer serious or deadly harm in a heavy machinery accident that is the result of another’s neglect or breach in their legal duty of care. Please be careful out there!
