Chicago Factory Worker Accidents: List of Civil Claim Damages Aside From Workers' Compensation Benefits

Here in the greater Chicagoland area, an astonishing number of factories and manufacturing plants are involved in all sorts of enterprises, as Chicago operates as the nation’s freight hub.

The dangers that factory workers face while working on the job will vary, depending upon the type of work environment as well as the specific task they are undertaking. Consider the following:

Those working in a metal-stamping or metal press shop may have a great risk of being hurt in a crush injury or suffering a traumatic amputation.
Chemical plant workers face specific hazards from exposure to toxins and the danger of hazardous material explosions.
Food processing or food packaging facilities bring workers into job sites where they may be struck-by or crushed in an assembly line incident or suffer things like falls or dangerous lacerations.
Manufacturing plant workers may be hurt in collisions, falls, or struck-by or crushing accidents as well as facing risks of falls from heights or burns from hot machinery or equipment.

For more, read: Moody, Regan. “Safe Workspaces: Preventing Occupational Hazards among Factory Workers.” and Dangers of Serious or Deadly Factory Worker Accidents in Illinois and Indiana.

Employers and Third Parties: Different Legal Liability

Under Illinois law, most workers who are injured or killed in accidents on the job will have exclusive remedies available to them under the state workers’ compensation statutes. For more, read Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages and The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.

However, each Chicagoland factory accident is unique and must be independently investigated. More than one cause may be discovered, either by government inspectors or private investigators operating on behalf of the worker victim. Chicago factory workers may have legal claims for damages outside of filing for workers’ compensation benefits under their employer’s insurance policy.

Accident reconstruction experts are professionals with specific education and expertise in different kinds of accidents. Some will have extensive knowledge about the steel industry; others about warehousing or industrial trucks, etc. Advocates for Chicago factory worker victims and their loved ones will be able to coordinate the appropriate reconstructionist with the victim’s accident, where expert opinions can reveal individuals and companies other than the employer whose actions or failures to act contributed to the incident. For more, read Accident Reconstruction Experts and Injury Claims.

If there are facts and opinions discovered in the accident investigation that substantiate legal responsibility outside of the employer’s scope of duty, then the worker victim may proceed to seek justice in the Illinois civil justice system.

Illinois Survival Actions and Wrongful Death Claims

Illinois provides legal remedies in the form of civil lawsuits against any and all third parties. This will be in a civil claim for damages; if the worker sadly died as a result of the on-the-job accident injuries, then Illinois provides for a survival action as well as a wrongful death claim.

The survival claim is for things the worker could have sought for pre-death losses as well as things like pain and suffering. It is brought by the estate representative. The wrongful death claim is for things suffered by the victim’s beneficiaries (think widow and children) because of the worker’s passing.

For more, read Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana and Wrongful Death Claims in Illinois and Indiana: Different Laws Providing Justice after a Fatal Injury.

Civil Damages Available to the Injured Worker

When duties of care and safety are defined by law and these are breached, then the company or individual who failed in meeting those legal duties will be held liable for specific damages defined by law. For the Chicago factory worker hurt in a work accident, claims against third parties can include recompense for the following:

Past medical expenses

This will be reimbursement for things that have already been paid when the award is made, like EMS invoices; hospital bills; expenses involving surgery (surgeon, anesthesiologist, etc.); emergency room care and treatment; physical rehabilitation and therapy; etc.

Future medical expenses

Experts will calculate the future expenses and costs that the worker victim will incur for things like future surgeries; long-term care; modifications of home for safety; ongoing psychological needs; etc.

Lost wages

Pay stubs and other evidence will prove up the total amount of pay that the worker victim lost from date of injury to the date of award (think basic pay, as well as things like overtime based upon past history of working extra hours, etc.).

Lost future earnings or income

Experts will testify as to the amount of lost future earnings or income the worker victim will suffer because of the accident and its resulting injuries.

Lost future earning capacity

Experts will also give their numbers on the impact of the accident on the worker victim’s ability to earn a living in the future because of things like permanent bodily harm or disability.

Pain and suffering

Medical experts will opine not only on the past pain and suffering experienced by the worker victim, but they will also testify as to future pain and suffering that is going to result from physical realities and impairments.

Mental anguish and emotional distress

Experts will also prove up numerical damages that provide for the worker-victim’s psychological harm, including things like Post Traumatic Stress Disorder (PTSD), as well as anxiety, depression, etc. that will include things like therapy and medications.

Disfigurement

Some worker-victims may be compensated for the harm suffered by things like burn scars or loss of limb and the result in things like social trauma, loss of hobbies, or reduced enjoyment of life (like playing ball with their kids or riding a bike).

Loss of consortium

In some instances, experts may calculate damages to be assessed for the loss of companionship and marital relations suffered by the worker victim.

Punitive damages

There may be cases, albeit limited, where the intentional bad acts of the third party defendant are so reckless or cruel that Illinois law provides for “punishment” damages to be assessed.

For more, read: 10 Types of Injury Damages That May Be Awarded to Accident Victims.

Chicago Factory Worker Claims for Justice

For anyone hurt while on the job in a factory here in the Chicagoland area, there are laws on the books that provide financial help not only for the worker victim but their loved ones. They may seek workers’ compensation benefits under Illinois law, with help coming pretty fast in the form of benefits under their employers’ workers’ compensation insurance policy. With the help of legal advocates and accident reconstruction experts, third parties may be revealed who have legal liability under civil law for what has transpired.

Not only the types of damages, but the amounts themselves, will be different under worker’s compensation coverage and civil injury laws based upon things like negligence, premises liability, failure to warn, or product liability.

Each case is different, and it is only after a thorough investigation that the Chicago factory worker will know the specific damages that are defined under Illinois law for their situation.

For more, see:

Chicago factory workers may have civil claims for damages against third parties as well as benefits under worker’s compensation. Factories and plants are dangerous worksites and too many workers in our part of the country are seriously hurt in work accidents. Please be careful out there!

Chicago Factory Worker Accidents: List of Civil Claim Damages Aside From Workers’ Compensation Benefits