Punch Press Injury Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Power Press Accidents and Injuries

Punch press injury workers’ compensation can be a complicated process, making it crucial that you work with a skilled law firm like IL Work Injury Lawyer to receive fair compensation. We are a nationally recognized, Chicago-based workers’ compensation law firm providing comprehensive legal guidance to workers across Illinois. Contact us today to schedule a free consultation about your legal options. 

What Are the Most Common Punch Press Injuries in Illinois Workplaces?

Punch presses are hydraulic presses used to create holes in sheet metal or other materials. A punch press machine can exert over 100,000 pounds of force, depending on the model and its use. 

With such large power tools, punch press accidents can result in devastating injuries for workers. The Centers for Disease Control notes that 10% of all workplace amputations are due to punch press machines. OSHA also notes that 49% of injuries on mechanical power presses result in amputations. 

Common punch press injuries covered by workers’ compensation in Illinois include:

• Amputation of the operator’s hands or fingers.
• Crush injuries from die closures.
• Fractures, broken bones, and severe lacerations.
• Repetitive stress injuries from prolonged operation.
• Nerve damage and loss of function in a worker’s hands or fingers.
• Eye injuries from flying metal fragments or other debris.

These accidents can result from a variety of causes, which include:

• Punch press malfunctions and mechanical failures.
• Poor maintenance of the punch press.
• Inadequate safety procedures. 
• Physical removal or disabling of a safeguarding apparatus.
• Malfunctioning point of operation guards.
• Inadequate training for the particular task.
• Loose clothing or hair becoming entangled in the machine.

What Benefits Are Available to Injured Workers in Illinois?

Illinois requires employers to hold insurance that covers medical expenses and a portion of lost wages while the worker recovers from an occupational injury (820 ILCS 305). Injured workers can also receive physical therapy and maintenance benefits. 

Workers’ comp is a no-fault system. This means that even if you were primarily responsible for the incident, you can still receive compensation. You only must demonstrate that you were injured as a direct result of your job duties and were actively engaged in work at the time. 

There are four categories of workers’ comp benefits based on the employee’s injury and whether they are able to return to work. 

Temporary Total Disability: This is for serious injuries that can be resolved through medical treatment. Workers will receive a portion of their lost income while they recuperate.

Temporary Partial Disability: Workers injured in the course of their duties who can be temporarily reassigned to another position, such as working in the office, can receive part of the difference between their previous and current wages.

Permanent Partial Disability: In addition to providing medical benefits and a portion of lost income, this insurance can be used to train employees in a new occupation if they are not able to return to their previous employment.

Permanent Total Disability: Employees whose workplace injuries mean they can no longer work in any capacity will receive ongoing maintenance benefits.

Workers’ compensation benefits in wrongful death cases can provide up to $8,000 for funeral and burial expenses (820 ILCS 305/7). Surviving family members can receive 25 years of benefits or up to $500,000, whichever is greater. 

How to File an Illinois Workers’ Comp Claim

A Chicago work injury attorney from our team will guide you through the process of filing a claim. This includes the following steps.

• Seek immediate medical care. Ensure that your medical records note the injury was work-related.
• Report your injury to your supervisor or another employee with managerial authority within 45 days. 
• Document the incident with accident reports, photos, and witness statements. Specifically note any workplace safety violations, such as the employer’s knowing removal of manufacturer-required safety guards.
• Preserve any clothing and footwear you had at the time of the accident to prove that these were not contributing factors. 
• If possible, preserve machine guards and other evidence that may demonstrate liability. 
• File an Application for Adjustment of Claim with the Illinois Workers’ Comp Commission (IWCC), even if you begin receiving benefits, as this will protect your legal rights. 
• Keep records of medical expenses, lost income, and out-of-pocket expenses.
• File a claim within three years of the injury or two years of the last remuneration from the company, whichever is later (820 ILCS 305/6).
• Do not speak to insurance companies without an attorney present, as anything that you say may be used against you during settlement negotiations.
• Work with an attorney to ensure that benefits are properly calculated and all negligent parties are held liable. 

Is Workers’ Compensation an Exclusive Remedy for Power Press Injuries?

No, workers’ comp is not an exclusive remedy for punch press accidents. Workers who have sustained injuries due to another party’s negligence can also pursue a personal injury claim. These claims require proving liability, such as a knowing failure to follow Occupational Safety and Health Administration (OSHA) PPE regulations as required by law (820 ILCS 219/25).

It is important to note that if you are eligible for workers’ comp, you cannot also sue your employer for the same injury. However, if you are considered an independent contractor, you are not covered by workers’ comp and can therefore sue the company. 

Potentially liable parties, and their possible negligence, include the following.

Manufacturers: Product manufacturers can be held liable under the Product Liability Act if it can be proven that they distributed products that were unsafe for the task (735 ILCS 5/2-621). The manufacturer may have failed to install appropriate guards for the specific machine. Guards for material forming machines are not universal, and a punch press machine may have been accidentally shipped that had the wrong operation guard.

Contractors: A contractor may have failed to convey knowledge that would protect workers or performed tasks that they were not specifically authorized to perform. For example, they may have ignored safety precautions or used improper seal methods. 

Property Owners: To have a claim under the Premises Liability Act, you must be able to demonstrate that the property owner had actual knowledge of the safety issues or would have known if they were showing reasonable care (740 ILCS 130/2). In some cases, they can be liable for open and obvious hazards if they could reasonably foresee that the worker would have been distracted, as per the case Deibert v. Bauer Bros. Const. Co., Inc..

The Joint Tortfeasor Contribution Act (740 ILCS 100/2) allows multiple parties to share blame for an injury, with all of them being listed on a lawsuit. Illinois uses modified comparative negligence to determine fault in personal injury cases (735 ILCS 5/2-1116). 

Modified comparative negligence means that everyone is assigned a percentage of blame. If you are considered less than 50% responsible, you can sue for damages, but your compensation will be reduced by the amount of blame you are assigned. 

For example, if it was found that you failed to follow safety procedures, but a defective guard was considered the primary cause of the accident, then you may be considered 30% responsible. As such, you will receive 30% less than if you were considered entirely blameless.

Insurance companies will work to reduce their liability by claiming you were primarily responsible for the accident. You must work with a skilled personal injury attorney who can ensure you are not blamed for more than your fair share of the accident.

Third-party liability cases have a statute of limitations of just two years (735 ILCS 5/13-202). It’s crucial that you act quickly to ensure you can recover compensation. Contact us immediately for a free case review. 

How an Experienced Attorney From Our Team Can Help 

Our skilled attorneys will guide you through every step of the claims process, ensuring you have the best chance at maximum compensation. We can assist you with the following tasks:

• Gather evidence of liability, including maintenance records, OSHA violations, employment records, and tasks assigned to the injured employee.
• Consult with engineering experts to prove punch press malfunctions or manufacturing defects.
• Managing workers’ comp and third-party claims.
• Representing clients in insurance negotiations and workers’ comp hearings to recover the highest possible compensation.
• If necessary, filing a lawsuit and representing clients in court. 

We work on a contingency fee basis, meaning that you owe us nothing unless we earn you compensation. Our legal fees are deducted from your settlement. 

Extensive Experience Negotiating Settlements

Our Chicago-based firm is a member of the Million Dollar Advocates Forum and a Super Lawyers® rated firm, thanks to our peerless track record of high settlements and verdicts for clients. Additionally, we are members of the American Association for Justice and the Illinois Trial Lawyers Association, representing our firm’s commitment to securing justice for those hurt by negligent companies. 

These are just two of over 5,000 successful cases we have litigated nationwide.

$11,000,000: While punching metal in a Belvidere automotive factory, Timothy’s hand was caught in the machine. He required an amputation of his dominant hand, resulting in significant pain and loss of normal life. The accident was due to a defective guard that failed to activate. We demonstrated that the manufacturer knew the safety mechanism was defective but failed to inform purchasers.

$7,000,000: Frank was operating a punch press in a Downers Grove factory when the point of operation guard failed. He lost his dominant hand due to the accident, making him unable to work in manufacturing again. After a thorough investigation, we determined that a contractor had broken the guard during the shift prior, but failed to inform anyone about the issue. 

FAQs

Is there a power press exception in the Illinois Labor Code?

No, there is no power press exception. Illinois Labor Code Section 820 ILCS 219/25 requires all companies to adhere to OSHA standards. Punch press operation is regulated by 29 CFR 1910.217, which requires guards and friction brakes. Hydraulic presses are governed by 29 CFR 1910.212, which requires all machines with moving parts to have functioning point-of-operation guards. 

Can I sue my employer if the power press malfunctioned?

In most cases, no. Workers’ comp insurance is meant to be the sole means of compensation for injured operators. However, it is possible to sue other liable parties, like manufacturers, contractors, and property owners. Unlike workers’ comp, these cases require proving liability, such as removing operation guards or failing to design safe products. 

Contact Our Law Office for a Free Consultation

Our Chicago office provides statewide representation to injured punch press operators. We work on a contingency fee basis, so you owe us nothing unless we secure compensation for you. Contact us for a free initial consultation about your legal options.