Grain Silo Accidents in Illinois

Helping Victims of Grain Bin Accidents Recover Fair Compensation 

One of the most recognizable sights on a farm in Illinois is a grain silo. These towering structures are used to store grain in massive quantities. Unfortunately, grain silo accidents can lead to serious injuries and even death, especially since rural fire departments may be too far away to provide successful rescue efforts for the trapped person. 

If you get injured while entering or using a grain bin or grain truck, you could recover compensation for certain losses with a workers’ compensation claim or personal injury lawsuit.

IL Work Injury Lawyer is an experienced law firm in Illinois that can provide legal guidance throughout the claims process. Our team understands the risks associated with grain production and storage, so we are well-equipped to investigate your case and secure fair compensation. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

Issues with grain bins and other production processes typically occur on a farm. Here are some farming accident settlements we have won in the past for our Illinois clients:

• $8.4 million – Sean, a roofer working near Bloomington, fell over 20 feet from the top of a grain silo during a repair project. He suffered a traumatic brain injury and spinal fractures. The general contractor failed to provide fall protection, which significantly impacted the case value.
• $7 million – While cleaning a tilling auger near a grain silo outside Decatur, Luis’s arm became entangled in the machine due to a missing guard. He required an above-elbow amputation. The product liability suit centered on design defects and inadequate safety warnings.
• $4.2 million – José and his crew were exposed to ammonia and other chemicals while cleaning tanks inside a grain storage complex in western Illinois. None were given respiratory protection, and several sustained permanent lung damage. The company’s lack of safety protocols significantly contributed to the value of the case.
• $3.85 million – DeMarco, 19, was driving a tractor along a sloped access road to a grain silo in Rockford when it overturned, crushing him underneath. He suffered internal injuries and permanent mobility loss. The lack of rollover protection and training was a key liability factor.
• $1.37 million – Eli was working behind a grain silo near Springfield when a tractor backed into him, pinning him against the wall. He suffered multiple pelvic fractures and required surgery. The machine lacked a backup alarm, and the operator had no formal training.

Why Choose IL Work Injury Lawyer

A top-rated injury firm can make all the difference in your case involving grain entrapment or other hazards. Our firm has a five-star rating from AVVO and an A+ grade from the Better Business Bureau. 

Types of Grain Storage Accident Cases We Handle

Stored grain can present numerous safety concerns for farmers and their workers. Here are a few examples of when dangerous incidents occur:

• A worker becomes fully engulfed in flowing grain due to air pockets
• Grain entrapment incidents involving machinery or augers
• Falls from elevated heights, such as ladders, catwalks, and silo tops
• Asphyxiation (lack of oxygen inside the silo or exposure to gas)
• Silo explosions (grain dust ignition due to poor ventilation)
• Confined space entry risks (lack of spotters or a failure to monitor oxygen levels)

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

Accidents involving grain bins are common on farms. Many of these rural issues are preventable if people exercise caution and use proper safety equipment. Here are some common causes of grain bin entrapments:

• Failure to follow confined space entry procedures
• Lack of personal protective equipment (PPE)
• Inadequate lockout/tagout (LOTO) systems
• Unsafe silo entry during grain unloading
• Mechanical failures of sweep augers
• Ignition of combustible dust
• No rescue equipment (grain rescue tubes) or standby personnel

What Are the Most Common Injuries Associated with Grain Silos?

Agricultural safety concerns associated with grain bins can lead to serious injuries to the human body. Let’s examine common injuries caused by these incidents:

• Traumatic asphyxiation or suffocation
• Crush injuries or amputations from augers
• Traumatic brain injuries (from falls or explosions)
• Burns from silo fires or explosions
• Spinal cord injuries
• Broken bones
• Lacerations
• Death

What Damages Can Injured Victims Recover in Illinois?

Most incidents involving grain bins are not fatal; however, even mild injuries can have significant physical, emotional, and financial consequences.

Economic Damages

• Lost wages
• Lost future earning capacity
• Medical expenses (emergency, surgery, and long-term care)
• Funeral expenses for the victim’s family members

Non-Economic Damages

• Emotional distress
• Pain and suffering
• Disability and disfigurement
• Loss of normal life
• Loss of companionship

Punitive Damages

This additional compensation may be awarded in cases of gross negligence or intentional misconduct.

What Is the Average Grain Bin Accident Payout?

Over the years, several grain bin accidents have occurred in the United States. The average settlement for these claims is $27.11 million, with a range between $1.63 million and $181.14 million. Factors that affect these amounts include injury severity, liability, insurance coverage, and economic damages. 

Example Cases

In 2010, three men were working at a food facility when a grain elevator exploded, causing significant burn injuries to the victims. The three plaintiffs sued the company for negligent practices because they had been informed of an issue with the grain bin, but spent a long time seeking cheaper contractors to repair it. The plaintiffs, along with one of their wives, were awarded over $180 million in total damages for pain and suffering, disfigurement, medical costs, and other types of losses.

In 2020, Robbie, a farm maintenance worker, was assigned to clean out one of the grain bins on the property. He was not informed that the safety guard on one of the holes at the bottom of the bin had been removed, which led to the spinning sub-floor auger. When Robbie opened the door, his leg fell into the hole, and the spinning machinery amputated his foot. Later, his leg had to be amputated below the knee. He sued the farmers and owners for negligence and was awarded $2.5 million. 

Why You Need a Grain Bin Accident Lawyer

An experienced injury lawyer can make all the difference in the outcome of your claim. These cases are often very technical, involving OSHA regulations, confined space standards, and third-party liability. It is also challenging to preserve evidence, such as grain movement logs, ventilation records, and auger maintenance records.

Our team can overcome these challenges and handle cases in Cook County Circuit Court and rural jurisdictions across the state. 

How Common Are Grain Bin Entrapments?

Since 2020, there have been 27 records of grain entrapment or other grain bin accidents in the US. Of these 27 incidents, 19 resulted in at least one death. 

According to a Purdue University study, grain bin entrapments are also the leading cause of death in confined space injuries and fatalities on farms. 

Where Do Grain Entrapment Accidents Happen Most Often in Illinois?

In Illinois, grain bin entrapments and other issues are most likely to occur in the following locations:

• Grain elevators in McLean, Sangamon, and Christian Counties
• Feed mills near Decatur and Champaign
• River shipping facilities in Quincy and East St. Louis
• Rural silos in Kankakee, Rockford, and northern Illinois corn regions

What Laws Govern Grain Storage Injury Claims in Illinois?

• 820 ILCS 305 – Injured workers can seek benefits if they get hurt on the job, though small farms that use less than 400 days of labor per quarter are exempt
• 740 ILCS 180/ Surviving family members can seek compensation if their loved one dies due to someone else’s negligence
• 735 ILCS 5/2-21 – The victim of a defective product can hold the manufacturer accountable
• 740 ILCS 130/ – Property owners must take reasonable steps to maintain a safe environment
• 29 CFR 1910.272 – OSHA enforces grain handling facility standards, which address issues like confined space entry, rescue plans, and dust control

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

In Illinois, you have two years from the date of your injury to seek damages from the at-fault party under the statute of limitations (735 ILCS 5/13-202).

Who Is Legally Liable for Grain Bin Injuries in Illinois?

• Grain facility owners/operators
• Equipment manufacturers (e.g., sweep auger, grain vac)
• Maintenance contractors
• General contractors at storage or construction sites
• Third-party service providers (cleaners, inspectors)
• Employers (if comp applies)

Common Defenses in Illinois Grain Bin Accident Cases

If you sue an agriculture entity, they may hire lawyers to build a strong defense. Here are some common arguments defense attorneys may use:

• The victim is partially at fault (735 ILCS 5/2-1116)
• The victim entered the silo without permission
• The proper safety program was in use
• There were no known hazards
• The victim was not an employee

Our firm will use training records, OSHA findings, and witness statements to overcome these defenses. 

How to Strengthen Your Grain Silo Injury Case in Illinois

You must take the proper steps immediately after the entrapment occurs to build a strong claim:

• Seek emergency medical care from first responders
• Do not disturb the silo or machinery until evidence is secured
• Obtain grain bin access logs, surveillance footage, and incident reports
• Request OSHA records
• Keep copies of work and medical records
• Contact IL Work Injury Lawyer before discussing the case with anyone

How a Grain Silo Injury Attorney Can Help

An expert attorney from IL Work Injury Lawyer will increase your chances of a fair settlement. We provide the following services after agriculture injury accidents:

• Investigate silo entry violations or engineering failures
• Coordinate workers’ comp and wrongful death claims
• Preserve and inspect grain bins
• Retain grain safety and confined space experts
• Negotiate with insurers
• File the claim in Cook County or another local court
• Represent you in a trial if necessary

FAQs

How much does it cost to hire a grain silo injury lawyer in Illinois?

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

Who can file a grain silo injury lawsuit in Illinois?

Anyone who is hurt in a grain bin accident can file a claim if they are of age, including employees, bystanders, property owners, and farmers. 

Book a Free Consultation

Whether your injury was caused by improper training, high moisture content, a lack of safety efforts, or unauthorized bin entry, our Chicago work injury lawyers can help you secure the compensation you deserve. There are no upfront fees for our services, and we offer a free consultation to allow you to ask questions about the legal process.

Contact us today to schedule your free case evaluation. We offer a winning track record, a statewide reach, and a compassionate approach.