Dealing With Catastrophic Injury in Factory Accidents

 Posted on December 13, 2024 in Workers' Compensation

Factory work often entails hard labor with a high risk of injury. In the worst-case scenario, you could end up permanently disabled after a factory accident, forcing you out of work and depriving you of an income. If you have suffered a catastrophic injury at your job, an attorney can hold your employer accountable and fight for your right to financial aid. 

At Rathbun, Cservenyak & Kozol LLC, our DuPage County, IL workers’ compensation lawyers are committed to helping injured factory workers recover the compensation they are owed. In one stand-out case result, we successfully secured $2.4 million for a client who was critically injured on a scissor lift.

Types of Catastrophic Injury

"Catastrophic injury" is a general term that describes life-altering injuries with long-term or permanent effects. Not all catastrophic injuries are sustained in a single dramatic accident. Sometimes, harsh conditions in the workplace can lead to the body breaking down over time. Common examples of catastrophic injuries in a factory setting include:

• Eye injuries causing partial or full blindness. Sometimes, this can be traced back to inadequate personal protective equipment provided by the employer.

• Spinal cord injuries. A cluttered factory floor can create a slip and fall hazard. Landing directly on your back can damage the spinal cord, possibly resulting in paralysis.

• Traumatic brain injuries (TBIs). A blow to the skull caused by moving machinery, falling objects, or other hazards can result in permanent brain damage, affecting your mood, cognitive functioning, and more. 

If you find that you cannot return to work after a catastrophic injury, you may be entitled to permanent and total disability compensation.

Permanent Total Disability (PTD) Benefits

In most cases, workers’ compensation is only intended as temporary financial support while you recover from an injury. However, if a factory accident leaves you unable to work entirely, you may be entitled to permanent and total disability benefits. Even if you are able to find other lines of work, PTD benefits can still compensate you for the difference in wages if you earn less than what you used to

Factory accidents can be grisly. The loss of a limb, thumb, or eye may be grounds for permanent and total disability. To qualify for this compensation, however, you will have to demonstrate that you have done everything in your power to treat the injury with the help of a medical professional.

The Exclusive Remedy Rule

The main advantage of workers’ compensation over a lawsuit is the ease of access. In Illinois, a vast majority of employers are required to have a workers’ compensation policy effective from day one of your employment. Furthermore, you do not have to prove that your employer was at fault to collect workers’ compensation, unlike a personal injury lawsuit. Under the law of exclusive remedy, if you collect workers’ compensation, you are barred from seeking other forms of compensation for the accident. 

There are exceptions to this rule, however. Factories may work with third-party companies like equipment manufacturers or truck drivers. If your accident resulted from the fault of a third party, you might be able to file a personal injury claim. In other cases, your employer may have intentionally downplayed or obfuscated potential hazards inside the factory, which gives you grounds to sue under fraudulent misrepresentation. If you are unsure whether or not your accident qualifies as an exception to the exclusive remedy rule, an attorney can clarify your eligibility for a settlement.

Meet With a DuPage County, IL Workers’ Compensation Lawyer

If you have suffered a permanent disabling injury at a factory job, the Naperville, IL workers’ compensation lawyers at Rathbun, Cservenyak & Kozol LLC can help you file a claim for financial assistance. Call us at 815-730-1977 for a free consultation today.