Factory Worker Accident Lawyers

Understanding Your Rights as an Injured Factory Worker in Illinois

As a factory worker in Illinois, you have the right to a safe work environment. When employers fail to provide that, and you get hurt, you have legal options.

Your Right to Workers’ Compensation

Illinois law requires most employers to carry workers’ compensation insurance. If you are injured on the job, you have the right to receive benefits, including medical treatment, wage replacement, and disability benefits.

The Option to Pursue a Third-Party Claim

In some cases, you may also have the option to file a third-party claim against someone other than your employer. For instance, if defective machinery caused your injury, you may be able to pursue a product liability claim against the manufacturer.

Workers’ Compensation Benefits for Factory Workers

Workers’ compensation benefits are designed to help injured workers cover their losses without having to prove fault. In exchange, injured factory workers are prohibited from suing their employers in most situations. This is known as the exclusive remedy rule.

If you’ve been hurt in a factory accident, you may be entitled to receive the following through workers’ comp.

Medical Expenses for Necessary Treatments

This includes emergency care, surgeries, hospital stays, prescription medications, physical therapy, and any other medical treatment required for your recovery. If you’ll need ongoing care or future surgeries, those are covered too.

Temporary Total Disability (TTD) Benefits

If your injuries temporarily prevent you from working while you recover, TTD benefits provide partial wage replacement. Typically, these benefits are calculated at two-thirds of your average weekly wage.

Temporary Partial Disability (TPD) Benefits

If you can return to work but cannot earn your full pre-injury wages due to restrictions, TPD benefits can help make up the difference. This ensures you are not penalized financially for working at a reduced capacity.

Permanent Total Disability (PTD) Benefits

If your injuries are so severe that you are permanently unable to work in any capacity, PTD benefits provide ongoing wage replacement, ensuring you are supported for the rest of your life.

Permanent Partial Disability (PPD) Benefits

For workers who suffer lasting impairments, such as loss of use of a limb, PPD benefits provide compensation for reduced earning capacity.

Vocational Rehabilitation

If your injuries prevent you from returning to your previous job, you may be eligible for vocational rehabilitation. This can include job training, education, and job placement assistance to help you transition to a new career.

Death Benefits for Families

If a factory worker is killed in a workplace accident, workers’ compensation can provide death benefits to the worker’s spouse, children, or other dependents. These benefits can help cover funeral expenses and provide ongoing financial support.

Filing a Third-Party Claim After a Factory Accident

If a third party’s negligence caused your factory accident, you may be able to file a lawsuit outside of workers’ comp. This can help you recover damages not covered by workers’ compensation, such as pain and suffering.

Examples of Third-Party Claims

• Defective Equipment: A factory worker loses a finger due to a poorly designed machine. The manufacturer could be held liable in a product liability claim.
• Negligent Contractors: If a third-party maintenance company improperly repairs machinery, leading to an accident, they can be sued for negligence.
• Toxic Exposure: If a chemical supplier fails to provide proper warnings or safety data, and a worker is injured, the supplier could be held accountable.

These are just a few examples of how third-party claims work. Our attorneys can help you determine who should be held responsible for your injuries, and whether filing a third-party personal injury claim would be beneficial in your case.

Common Causes of Factory Worker Injuries

Factory workers face serious risks every day. From handling dangerous machinery to working with hazardous substances, the job can be a minefield of potential injuries. Understanding these risks is the first step in protecting your rights.

Defective Machinery and Equipment

Malfunctioning machines, missing safety guards, and poorly maintained equipment are among the leading causes of factory injuries. Workers can suffer crushing injuries, amputations, and severe lacerations when machinery fails.

Unsafe Working Conditions

Poorly lit areas, wet floors, or obstructed walkways can lead to slip-and-fall accidents. In factories, even a minor fall can result in serious injuries, including fractures and traumatic brain injuries.

Exposure to Hazardous Substances

Factory workers often handle chemicals, toxic fumes, and other hazardous materials. Without proper protective equipment, these substances can cause respiratory issues, skin burns, or even long-term illnesses like cancer.

Fires and Explosions

Improperly stored flammable materials, faulty wiring, and defective equipment can lead to catastrophic fires or explosions. These incidents can cause severe burns, traumatic injuries, or death.

Repetitive Motion Injuries

Performing the same tasks day after day can lead to conditions like carpal tunnel syndrome, tendonitis, or chronic back pain. These injuries may not appear immediately but can become debilitating over time.

How Our Peoria Factory Worker Accident Lawyers Can Help

At Strong Law Offices, we understand the challenges you face after a factory accident. Our attorneys will:

Conduct a Thorough Investigation

We collect solid evidence to help prove your injuries happened while you were at work. Our team will investigate your accident site, review safety records, interview witnesses, and consult with industry experts to build a strong case.

Identify All Sources of Compensation

Workers’ compensation may not be your only option. We will explore every avenue for recovery, including third-party claims against negligent contractors, equipment manufacturers, or other responsible parties, to maximize your recovery.

Handle All Communications and Negotiations

You shouldn’t have to deal with pushback from your employer or aggressive insurance adjusters while you’re recovering. We handle all communications with insurers, making sure they don’t pressure you into a lowball settlement.

Provide Compassionate, Personalized Support

Beyond the legal process, we know you’re dealing with physical pain, financial stress, and uncertainty about your future. Our team will keep you informed as your case progresses, answering your questions and addressing your concerns.

Frequently Asked Questions

1. Can I file a lawsuit against my employer for a factory accident?

Generally, workers’ compensation is your exclusive remedy against your employer. However, you may be able to file a third-party claim if someone other than your employer was responsible for your injuries.

2. What if my employer doesn’t have workers’ compensation insurance?

If your employer doesn’t have workers’ compensation coverage, you may be able to file a personal injury lawsuit directly against your employer. An experienced work injury attorney can help you identify the best path to take.

3. How long do I have to file a claim after a factory accident?

In Illinois, the statute of limitations for your factory accident case depends on whether you’re filing a workers’ comp claim or a personal injury lawsuit. To make sure you don’t miss any important deadlines, it’s best to contact an attorney right away.

4. Can I recover compensation for pain and suffering?

Workers’ compensation does not cover pain and suffering, but if you have a valid third-party claim, you can pursue these damages through a lawsuit. If you file a personal injury claim, your accident lawyer will need to prove that the defendant was negligent.

5. What if I was partially at fault for my factory accident?

You can recover compensation through workers’ comp regardless of fault. Illinois follows a modified comparative negligence rule for third-party personal injury claims, however. As long as you were less than 50% at fault, you may still recover compensation, but your award may be reduced based on your level of fault.

We’re Your Strong Solution to Recovery

If you were injured in a factory accident and your employer’s workers’ compensation insurance isn’t paying you what your claim is worth, call our law firm right away. The sooner you contact us, the sooner we can start protecting your rights.