Industrial Accident Lawyers Serving Missouri & Illinois
Although many work machines are safe and have been used within industry for years or even decades, some work machines pose a serious danger to employees and can cause workers to sustain severe injuries even when the worker is using the machine as instructed. When a person is injured by a work machine, he will not be able to sue his employer – worker’s compensation laws and claims prevent this type of lawsuit.
But, he may be able to hold the manufacturer of the faulty machine legally liable for his injuries and losses.
Causes of Work Machine Injuries
Work machine injuries can be caused by:
- Defectively designed machine parts (or the dangerous design of the machine as a whole)
- Improper maintenance of a machine (either due to failure to maintain the machine or to not properly fixing the machine when it is broken)
- Lack of proper instructions regarding how to use the machine
- Failure to warn the public about the risks or dangers associated with using the machine
Some examples of work machines that have been reported to cause injuries include (but are not limited to):
- Tractors, forklifts, cranes, etc.
- Industrial kitchen or cooking equipment
- Power tools
- Printing presses
Types of Work Machine Injuries
Work machine injuries can include (but are not limited to):
- Burns
- Electrocutions
- Broken bones and internal injuries
- Neck and back injuries
- Brain injuries
- Loss of hearing or eyesight
- Loss of limb
How Soon After My Work Machine Injury Should I File for Compensation?
Depending on where you live, a workplace injury will need to be reported to your employer within one to two months. Some states require a workers’ compensation claim to be filed within a certain period as well, though others allow for two to three years to file.
As with personal injury claims, it is always a good idea to take swift action following a workplace injury. You may have some time to file a claim, but waiting can complicate the process and may result in complete denial of benefits. If you have been injured at work, it is important to call us right away to learn about your options and your rights.
What Type of Medical Expenses Will I See After My Work Machine Injury?
Multiple injuries can be caused by heavy machinery on a worksite. These include:
- Broken, crushed, or pulverized bones
- Amputation
- Deep cuts and lacerations
- Electrical and fire burns
- Internal organ damage
- Hemorrhage
- Traumatic brain injury
The types of medical expenses a person will face following a workplace injury will be dependent entirely on the type and extent of the injury and may include both emergency and ongoing medical services, therapeutic and rehabilitation services, adaptive technologies such as a wheelchair, and more.
How Much in Damages Can You Pursue for Your Injuries?
Workers’ compensation covers all of the medical expenses related to a workplace injury. Under this type of compensation, you are not able to seek additional compensation for your injuries.
If your injury was the result of someone else’s negligence, you may be entitled to file a personal injury claim instead of pursuing workers’ comp. There are no damage caps on personal injury claims in the state of Illinois or Missouri (with the exception of medical malpractice claims in MO), meaning you can pursue as much in damages as the court is willing to award. This is different for every case.
The best way to learn what you may be entitled to seek is through a one-on-one consultation at our Illinois or St. Louis office.
What Type of Evidence Can Be Used for My Work Machine Injury?
Evidence that may be used in a workplace injury claim includes:
- Photos or videos of the event
- Accident reports
- Witness testimony
- Medical records
- Personal accounts
A third-party investigation may be required to gather sufficient evidence during a personal injury claim.
Should You Contact an Attorney Before Speaking With Insurance Companies?
It is always a good idea to discuss your workplace accident with an attorney before you accept an offer from an insurance company. When it comes to workplace accidents, having a lawyer who deals with both workers’ compensation and personal injury law can help you determine which option is best in your case. Talking to an attorney also helps to ensure you are not accepting less than you are due. Once you accept an insurance offer, you will be legally barred from seeking additional compensation.
Can I File a Claim on My Own If I Can’t Afford an Attorney?
Many people worry about the cost of legal representation after a work machine injury. At Brown & Brown Attorneys at Law, we believe everyone deserves expert legal guidance without financial stress. That’s why we work on a contingency fee basis, meaning that you pay nothing unless we win your case. If you're considering filing a claim on your own, remember that work machine injury cases can be complex, involving multiple parties and intricate legal standards. A skilled attorney can help navigate these complexities to ensure you receive the compensation you deserve.
How Soon Do I Need to File a Work Machine Injury Claim?
In both Missouri and Illinois, timing is critical when it comes to filing a work machine injury claim. Missouri law requires that injury claims be filed within five years from the date of the accident. Illinois has a shorter window, requiring claims to be filed within two years. These time limits, known as statutes of limitations, are strict, and missing the deadline can prevent you from receiving any compensation. To protect your rights and ensure compliance with these legal timelines, it's advisable to consult with an experienced work machine injury attorney as soon as possible after your accident.
How Should You Prepare for Your Consultation with an Injury Lawyer?
When you meet with a burn injury lawyer for the first time, it’s a good idea to be well-prepared to make the most of your consultation. Bring all relevant documents including medical records, photos of injuries, a copy of the accident report, any correspondence with your employer about the accident, and records of days missed and wages lost due to the injury. This information will provide your attorney with a solid foundation to assess the merits of your case.
What Are the OSHA Guidelines in Missouri and Illinois?
Workplace safety in Missouri and Illinois is governed by federal Occupational Safety and Health Administration (OSHA) regulations, as neither state has its own occupational safety and health program. This means that businesses in these states must adhere to national standards set by the OSHA. These regulations are designed to ensure a safe working environment and cover various aspects of industrial safety, including machinery operation and maintenance. Familiarizing yourself with OSHA guidelines can help you understand your rights and the obligations of your employer in maintaining a safe workspace. If you believe these standards have been violated, leading to your injury, our knowledgeable work machine injury lawyers can assess your case and advise on the best course of action.
What Are You Rights as a Worker?
Every worker is entitled to a safe work environment. If you've been injured due to a machinery accident, you have the right to seek compensation for medical bills, lost wages, and pain and suffering. You also have the right to file a claim without fear of retaliation from your employer. Knowing your rights can empower you to take the necessary steps towards securing your wellbeing and future after an injury.
If you have been injured in the workplace by a defective tool or machinery, consult the personal injury attorneys at Brown & Brown, LLP for free to build a case against the manufacturer. Dial the 3s in St. Louis (314-333-3333 / 573-333-3333), dial the 8s in Illinois and nearby Southern Illinois (618-888-8888).
