Equipment accidents at work may severely harm workers who are running machines or in close contact to the equipment. Certain work environments present a higher risk for injuries than others, including construction sites, warehouses, and factories. When equipment fails, and a worker is hurt, they may take action by filing a workers’ compensation claim. For decades, our legal team at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca has helped employees pursue benefits, even if they were partially responsible for an accident. By aggressively pursuing the compensation that victims deserve after an injury, our Chicago workers’ compensation lawyers have successfully recovered medical costs and benefits on behalf of many injured workers.Pursuing Benefits Based on an Equipment Accident
Workers’ compensation laws provide a way for injured employees to secure benefits following a workplace accident. By filing a claim with the employer’s insurance company or the Illinois Workers’ Compensation Commission, victims of workplace accidents begin the process of recovering reimbursement for medical costs, lost wages, and disability payments. Medical documentation and evidence that an injury was caused by job duties are usually the foundation of a successful workers’ compensation claim.
The Illinois workers’ compensation system provides benefits for workers who have been injured in an accident “arising out of and in the course of employment,” regardless of fault. When a victim is hurt at work in an equipment accident, they are eligible for these benefits. For example, if an employee is responsible for reporting machinery issues but failed to do so, they would not be barred from recovering benefits if they suffered injuries in the course of their work.
Accidents involving equipment are different from some workers’ compensation cases because they potentially involve a third party. The equipment manufacturer may be held responsible if it failed to produce a safe product. Neglecting to properly test equipment may also subject a third party to liability. An injured employee would pursue a civil claim against this third party, separate from their workers’ compensation claim, and seek damages for their harm.
Several types of workers’ compensation benefits may be available to people who have been hurt in an equipment accident. While healing or working part-time after an injury, a workers’ compensation claimant may receive temporary partial disability benefits. A permanent physical loss that includes the loss of use of a body part may entitle employees to permanent partial disability benefits. A more permanent loss of both feet or hands, or both legs, as well as a complete disability, may entitle a worker to permanent total disability benefits.
In the event that an equipment accident leads to the death of a worker, the Illinois workers’ compensation laws provide for death and survivor benefits. These benefits are two-thirds of the employee’s gross average weekly wage in the year before the injury. Surviving spouses and children under 18 are the primary beneficiaries of survivor benefits, or benefits may be received by dependent parents or people who depended on the employee at the time of their death.Discuss Your Equipment Accident with a Skilled Chicago Attorney
Workers who have been hurt by equipment accidents at work have rights under Illinois workers’ compensation laws. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago lawyers help workers file and pursue their right to benefits, setting forth appropriate medical documentation and records supporting the claim. We have helped injured workers and their families throughout the state, including in Champaign, Quincy, Aurora, Springfield, Rockford, and other areas of Cook, Kane, Sangamon, Winnebago, Adams, and Champaign Counties. Contact us online or by phone at (800) 444-1525 to set up a free consultation with a knowledgeable job injury attorney.