Grain Auger Accidents in Illinois

Helping Victims of Auger Accidents Recover Fair Compensation 

Grain auger accidents can lead to tragic consequences, from traumatic amputation to death. With over 71,000 farms in Illinois, thousands of farm workers are at risk of crush injuries, entanglement, and electric shock. 

Our farming injury attorneys in Chicago fight for the rights of agricultural workers and their family members, holding agri businesses accountable for negligence. Contact us today for a free consultation about your legal rights. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$7,000,000: Tyler lost his arm after an unguarded auger accident. We demonstrated that the manufacturers were aware of the entanglement risk posed by the machinery but failed to warn farmers about the danger. 

$3,850,000: 19-year-old John was cleaning the auger flighting, which is the rotating blade inside the conveying equipment. The machinery overturned, crushing his legs and feet. We demonstrated that the farm had failed to perform regular inspections, resulting in the auger collapsing.

Why Choose IL Work Injury Lawyer

We are the top-rated farm accident attorneys in Illinois, serving both metropolitan and rural victims. Over the past 25 years, we have secured over $490 million in settlements and verdicts for our clients, earning our place at the Million Dollar Advocates Forum. 

Our attorneys are active members of the American Association for Justice and contribute to the National Law Review, demonstrating our commitment to ongoing legal scholarship and advocacy. You can be assured of robust legal representation that provides you with the best possible chance of securing compensation. 

What Are the Most Common Causes of Grain Auger Accidents in Illinois?

While augers and other conveying equipment are essential to farm operations, they can also be extremely dangerous. Common hazards that may contribute to grain auger accidents include:

• Removed protective grates or protective shields
• Accidental contact with overhead power lines, resulting in electrocution
• Failure to follow lockout/tagout (LOTO) procedures
• Entanglement with the equipment, especially untied hair or loose clothing
• Removed guards on PTO shafts and auger screws
• Exposed hoppers 
• Falls from siloes, trucks, or raised structures while feeding grain into the auger system
• Untrained operators or insufficient safety measures
• Uneven ground or debris resulting in falls or entanglement

What Are the Most Common Auger-Related Injuries?

Accidents while operating a grain auger may result in severe injuries among farmers, including:

• Limb amputations
• Crush injuries
• Electrocution
• Severe lacerations
• Degloving 
• Broken bones
• Wrongful death

What Damages Can Injured Victims Recover in Illinois?

Potential damages you can claim include:

• Past and future medical bills
• Lost income and diminished earning potential
• Physical pain and suffering
• Emotional distress and trauma
• Disability and disfigurement
• Disability accommodations
• Loss of normal life
• Funeral expenses for wrongful death
• Punitive damages for gross negligence

Illinois does not have a cap on non-economic damages, as per the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital. This means that if your case goes to trial, a jury can award any amount they see fit for pain and suffering. 

What Is the Average Grain Auger Injury Payout?

The average farming injury payout is $1,814,702, with payouts ranging between $2,500 and $6,550,000. Factors influencing payouts include injury severity, liability, evidence, insurance policies, and overall damages. 

Example Cases

A five-year-old child was attempting to remove a rock from a grain auger when he became entangled, resulting in the degloving of his arm and hand. A jury awarded the family $6,550,000.00. 

Robbie Plyler was working on an unguarded auger when his right leg fell into the shaft, amputating his foot. The plaintiff’s attorneys asserted that the farm workers had failed to adhere to Occupational Safety and Health Administration standards that require guards to be installed around all shafts. A jury awarded Plyler $2,500,000.00. 

Why You Need an Auger Accident Lawyer

Auger accident investigations are time-sensitive. Vital evidence, such as maintenance records and OSHA reports, may quickly disappear, and equipment itself may be repaired or modified. This can make it difficult to ascertain third-party liability, such as manufacturer negligence.

Our attorneys can swiftly preserve evidence and consult with safety experts, such as those at the National Safety Council or OSHA, to better understand the circumstances. With our aggressive legal representation, you have a higher chance of receiving a fair settlement. 

How Common Are Accidents Involving Grain Augers?

Agriculture is one of the most dangerous industries, with approximately 200,000 work-related injuries on farms annually. 65% of those injuries occurred to family members of farm workers. 

Since 2020, 15 auger-related accidents have been reported to OSHA nationwide. However, this may hide the true extent of incident rates. SafetyNow reports that there are 37 fatal auger accidents per 100,000 agricultural workers and that 80% of all injuries requiring hospitalization involved entanglement in the machine. 

Where Do Grain Auger Incidents Happen Most Often in Illinois?

Common locations of auger accidents include:

• Grain elevators and silo sites in Kankakee, Rock Island, and Peoria
• On-farm auger machinery in McLean, DeKalb, and Sangamon Counties
• Feedlots and storage sites in Bloomington, Effingham, and Rockford
• Farms under construction in Iroquois, Livingston, and Lasalle Counties

What Laws Govern Grain Auger Injury Claims in Illinois?

Workers’ compensation is typically considered the first step for injured workers. This no-fault system provides medical and wage benefits (820 ILCS 305). However, farms with less than 400 working hours per quarter are exempt from providing benefits.

Instead, farmers may pursue a third-party liability suit, which does require proving negligence. A product liability suit would hold manufacturers and distributors accountable if faulty equipment, like broken guards, contributed to the accident (735 ILCS 5/2-21).

Premises liability can hold farmers and property owners liable for failing to rectify potential hazards, such as overhead power lines too close to the auger area (740 ILCS 130/). 

For auger accidents resulting in death, the next of kin can file a wrongful death suit (740 ILCS 180/). This requires connecting the fatal farming injury to improper auger operation or maintenance. OSHA standards for auger operation, such as providing proper training (1910.272(e)(1)) and installing protective grates (1910.272(k)), can be used to demonstrate negligence. 

How Long Do I Have to Take Legal Action in Illinois?

In general, you have two years to file a lawsuit after an auger accident (735 ILCS 5/13-202). However, the statute of limitations may be tolled for workers under 18 or those who were temporarily disabled due to their injuries. Contact us immediately so that we can meet all applicable deadlines. 

Who Is Legally Liable for Grain Auger Injuries in Illinois?

Our nationally recognized attorneys will review your case to identify all potentially liable parties, which can include:

• Employers, for workers’ compensation claims
• Grain auger manufacturers
• Equipment distributors
• Maintenance companies and contractors
• Property owners
• Farmers, farm owners, and supervisors

You may sue more than one organization or individual using the Joint Tortfeasor Contribution Act (740 ILCS 100/2). 

Common Defenses in Illinois Auger Accident Cases

Illinois assigns a portion of blame to everyone involved in a lawsuit (735 ILCS 5/2-1116), so insurers will insist you are primarily responsible. We will demonstrate that you are not liable for these common defenses using evidence.

Unauthorized Use: Insurers will insist you were not authorized to use the auger but did so anyway. Employment records, certifications, and witness testimony can expose this as false.

No Defect: Manufacturing companies will insist their product was not defective. We’ll work with experts to show that issues like weak auger screws contributed to the accident.

Proper Safety Measures Followed: Employers may insist that the auger was equipped with protective shields, and you were offered PPE. Surveillance footage, incident reports, and witness testimony can refute this claim.

No Duty: Defendants will argue they had no responsibility to reduce risks. Using case law and expert testimony, we’ll show they had an obligation to protect you from harm. 

How to Strengthen Your Auger Injury Case in Illinois

Taking immediate action can protect your health and legal rights. Follow these steps immediately.

• Get medical treatment and preserve your medical records.
• Secure the scene and preserve all equipment.
• Obtain OSHA and IDOL inspection reports.
• Gather witness names and contact details.
• Do not speak to insurers.
• Contact a skilled farm accident attorney immediately.

How a Grain Auger Injury Attorney Can Help

Our Chicago work injury law firm will guide you through the entire legal process, including:

• Examining the site and auger
• Consulting with engineers and safety experts
• Identifying third-party liability, such as auger distributors
• Filing workers’ comp and personal injury claims
• Negotiating settlements and preparing for trial

We serve clients across Illinois, including the Cook County area and rural communities. 

FAQs

How much does it cost to hire a grain auger accident lawyer in Illinois?

We work on a contingency fee basis, so you owe us nothing unless we win your case. 

Who can file a grain auger injury lawsuit in Illinois?

Farm workers, contractors, vendors, and family members can file claims for auger accidents. 

Book a Free Consultation

Our compassionate legal advocates assist workers across Illinois in receiving maximum compensation for auger accidents. We work on a contingency fee basis, meaning you owe us nothing unless we win. To schedule a free consultation with an award-winning attorney, contact us today.