Industrial workplaces are filled with power tools, industrial equipment, and heavy machinery all designed to support workers in their particular tasks. Manufacturing endeavors depend upon things like mixers; centrifuges; shredders; compressors; lifts; and bins. Mining will have things like excavators and drills. Steel fabrication necessitates plate processors; drill lines; and cutting machines. Commonplace on commercial construction sites are bulldozers; cranes; graders; backhoes; forklifts. Across all sorts of industries here in Indiana and Illinois there are workers who daily use power tools like drills; saws; and nail guns. See, Major Group 35: Industrial and Commercial Machinery and Computer Equipment, Standard Industrial Classification (SIC) Manual published by the Occupational Safety and Health Administration (“OSHA”).
Power sources for these industrial workhorses provide their own dangers. Industrial machinery, equipment, and power tools can run with the use of electricity; liquid fuel; hydraulic (pressurized fluid); pneumatic (compressed air); or powder (powder propellent). Likewise, there are other hazards that come with their use or mere presence on the job site. Workers may be seriously injured or killed in an industrial accident caused by a device resulting in:
- Amputation of finger, hand, arm, toe, foot, leg;
- Blindness or partial loss of eyesight;
- Burns that can include permanent disfigurement and disability;
- Internal organ or nervous system damage (including paralysis);
- Spinal Cord Injuries;
- Traumatic Brain Injuries (TBI); and
- Death.
Family members will suffer, too. Spouses and children are immediately and irreparably harmed when these accidents happen on the job to their husband, wife, or parent. For more, read Who Can Claim Damages After a Work Accident in Indiana or Illinois?
When there is a flaw, failure, defect, or problem with an industrial tool, piece of equipment, or machine then one or more workers can be catastrophically injured or killed in a preventable work accident. For these victims, there may be several avenues for justice.
Workplace Accidents Involving Tools, Equipment, or Machinery
After any serious or deadly worksite accident, there will be investigations to learn what happened and to determine all the causes for the event. OSHA may investigate, as well as the employer or those representing the employer (such as its insurance carrier(s)).
The worker victim also has a right to conduct an independent investigation into the accident.
Any one or more of these inquiries may find that the main cause of the accident lies with machinery, tools, or equipment used on the site or because of failures of those with legal duties of care and safety regarding the jobsite. The worker-victim’s investigation may involve going into past records of any prior instances of similar accidents or failures with the site itself or with the industrial product.
Employer and Workers’ Compensation
After a work accident here in Indiana or Illinois, the employee who has been hurt or killed in an on-the-job accident will have a right to pursue claims for relief through the appropriate workers’ compensation protection provided by the employer. Workers’ compensation laws exist in Indiana and Illinois as well as at the federal level. No fault must be shown here; a claim is filed and statutorily defined benefits are paid (such as medical expenses and lost wages).
For more, read: The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois; and Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims.
However, in accidents caused by failures in the machinery, tools, or equipment on the work site, there may be legal liability for those who have designed, made, sold, installed, repaired, serviced, or maintained the tool, machine, or piece of equipment. Those who controlled the premises may be accountable. This is separate from the workers’ compensation system.
Liability of Manufacturers, Retailers, Landowners, and Other Third Parties
In both Illinois and Indiana, a lawsuit may be filed by the worker-victim and their loved ones based upon state product liability, premises liability, or negligence laws. In some matters, this case may be within federal jurisdiction.
These proceedings are filed as civil claims where those responsible for the tragedy can be held accountable to the worker-victim and their family members. Several parties may be involved here as defendants.
For instance, those investigating on behalf of the worker-victim may find that the tool, machine, or equipment was the cause of the accident. Legally, this may allow for claims to proceed against not only the manufacturer of the product, but those responsible for its initial design. The owner of the machinery, equipment, or tools may be held liable. Also, any company involved in the installation, maintenance, servicing, or repair of the product may have legal responsibility for the harm caused in the accident.
In some situations, the investigation may reveal that the landowner or those in possession, custody, and control of the site contributed to the accident because of failures involving the site itself. For example, a victim who is fatally electrocuted because of coming into contact with undisclosed wiring while using a backhoe may have legal claims against the property owner and/or one or more subcontractors.
Economic and non-economic damages may be sought in these cases. These damages will be different, and potentially greater, than any workers’ compensation claim. Read, What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Industrial Work Accidents in Indiana and Illinois Involving Equipment, Tools, or Machinery
After a devastating accident on the job, the worker and their loved ones must face lives forever changed. They have to cope with medical realities as well as financial consequences. As unfair as it may seem, legally they must also find the courage and determination to fight for justice under state and federal law when these harms have been caused by the wrongful actions of another.
Workers and their loved ones must decide to investigate and file these legal claims within a rather limited time frame. If they miss the legal deadline for filing, then the law will bar their action no matter how legitimate. The defendants will be shielded from responsibility by a “statute of limitations” defense. For more, read: Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Under the state laws of Indiana and Illinois, as well as federal law when applicable, a worker who has suffered severe or fatal injuries in a work accident involving a tool, machinery, or piece of equipment, may be able to file a lawsuit seeking damages against third parties for the injuries sustained on the job. This is independent from any workers’ compensation claim.
For more, read:
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Premises Liability and Workplace Accidents: Third Party Injury Claims
- Workers Beware: BLS Reports Highest US Worker Death Rate in 5 Years.
Industrial workers in Indiana and Illinois face extreme hazards every day on the job. Workplace injuries are on the rise with more workers dying in preventable accidents than in past years. Please be careful out there!
