A workplace injury involving defective equipment can raise legal issues that go beyond an ordinary workers’ compensation claim. A worker may be hurt when a machine guard fails, a power tool malfunctions, a forklift component breaks, safety equipment does not perform as intended, or industrial machinery activates unexpectedly. In these situations, we look closely at both the workplace accident and the equipment that caused it. Illinois workers’ compensation may provide benefits without requiring you to prove that your employer was negligent, while a separate claim may sometimes exist against a manufacturer, distributor, maintenance contractor, or another responsible third party. Identifying both claims can be important because workers’ compensation benefits and damages available through a third-party lawsuit are not the same.
The Illinois Workers’ Compensation Act generally provides benefits for qualifying accidental injuries that arise out of and in the course of employment. When defective equipment injures you while you are performing your job, we generally do not have to prove that your employer intentionally caused the accident or was negligent before pursuing workers’ compensation benefits.
The focus is instead on establishing the necessary connection between the injury and your employment. This can include injuries caused by machinery, power tools, construction equipment, warehouse equipment, vehicles, safety devices, electrical equipment, and other tools required for your work.
Under 820 ILCS 305/8, an employer may be responsible for reasonably necessary medical treatment required to cure or relieve the effects of a compensable workplace injury. The statute also provides several forms of disability compensation depending on the worker’s medical condition and ability to work.
A serious machinery accident can cause crushing injuries, amputations, burns, fractures, spinal injuries, traumatic brain injuries, nerve damage, or permanent loss of function. Treatment may involve emergency surgery, hospitalization, physical therapy, medication, assistive devices, and months away from work.
Section 8 of the Illinois Workers’ Compensation Act requires covered employers to pay qualifying medical expenses reasonably required to cure or relieve the effects of the workplace injury. The Act may also provide temporary total disability benefits when an injured employee cannot work during recovery. Subject to statutory minimums and maximums, the TTD rate is generally two-thirds of the employee’s average weekly wage. Other benefits can include temporary partial disability, permanent partial disability, wage differential benefits, vocational rehabilitation, or permanent total disability when the statutory requirements are satisfied.
We examine the medical evidence, work restrictions, earnings history, and long-term effects of the injury when determining which benefits may apply.
Workers’ compensation is often the primary remedy against an employer, but the analysis can change when someone outside the employment relationship contributed to the accident.
Illinois Workers’ Compensation Act § 5(b), codified at 820 ILCS 305/5(b), addresses situations in which an employee’s injury or death creates legal liability against someone other than the employer. This provision can allow an injured worker to pursue a third-party action while also having rights under the workers’ compensation system.
For example, suppose you are operating a machine at work and a defective component suddenly fails. Your employer may be responsible for workers’ compensation benefits, but the equipment manufacturer could potentially face a separate product-liability claim if a legally actionable defect caused your injury.
Other potentially responsible parties could include an equipment distributor, installer, repair company, maintenance contractor, component manufacturer, or another business whose conduct contributed to the accident.
Equipment failures can occur for very different reasons. Determining what actually failed is one of the most important parts of investigating the accident.
A machine may contain a defective component, lack adequate guarding, include an unsafe design, or be accompanied by inadequate warnings or instructions. Equipment can also become dangerous because of improper assembly, negligent repairs, faulty installation, or modifications made after manufacture.
Illinois law defines product-liability actions broadly for purposes of its statutory provisions. The definition can encompass claims involving manufacture, construction, assembly, installation, testing, design, warnings, instructions, repair, and maintenance of a product. 735 ILCS 5/13-213.
That is why we want to know much more than simply that a machine broke. We want to determine why it broke and who controlled the condition that caused the failure.
One of the biggest concerns after a machinery accident is what happens to the equipment. A damaged machine may be repaired immediately because the employer needs production to continue. A broken component could be discarded. A contractor might replace a failed part, or the equipment could be returned to a supplier. Any of these events may make it more difficult to determine the cause of the accident.
We therefore consider preservation of evidence early in a defective-equipment case. Depending on the circumstances, relevant evidence may include the machine itself, broken components, photographs, surveillance footage, operating manuals, maintenance records, inspection reports, repair histories, purchase documents, training records, prior complaints, and information about earlier failures.
The condition of the equipment immediately after the accident may provide important evidence concerning whether the problem involved its design, manufacture, maintenance, repair, installation, or use.
A workers’ compensation claim and a third-party lawsuit serve different purposes. Workers’ compensation benefits are established by statute. A third-party civil action can potentially seek damages that are not ordinarily available through workers’ compensation, depending on the facts and applicable law. Those damages may include compensation for pain and suffering and other losses recoverable in a personal injury action.
There is also an important relationship between the two cases. Under 820 ILCS 305/5(b), an employer that has paid workers’ compensation benefits may have reimbursement rights from a third-party recovery, subject to the provisions of the statute.
We account for this interaction when evaluating the potential value of both claims. Ignoring the workers’ compensation lien or reimbursement issue can create problems when a third-party case is resolved.
Even when the equipment obviously malfunctioned, you should report the accident promptly. Under 820 ILCS 305/6(c), notice generally must be provided to the employer as soon as practicable and no later than 45 days after the accident. The notice can be oral or written and should provide the approximate date and place of the accident, if known.
We generally encourage workers to document the report rather than relying solely on an informal conversation. Explain what happened accurately. If a guard broke, a machine unexpectedly started, a cable snapped, or a safety mechanism failed, include that information.
Section 6 also contains filing deadlines for workers’ compensation claims. In many injury cases, an application must be filed with the Illinois Workers’ Compensation Commission within three years after the accident if no compensation has been paid, or within two years after the last payment of compensation when compensation has been paid, whichever is later. Specific exceptions apply.
Do not assume that the workers’ compensation filing period controls every possible claim. Illinois generally provides a two-year limitations period for actions seeking damages for personal injuries under 735 ILCS 5/13-202. Product-liability cases can raise additional statutory issues, including provisions concerning product age, modifications, and other timing questions under 735 ILCS 5/13-213.
The applicable deadline depends on the facts and legal theory. We therefore investigate possible third-party liability early rather than assuming there will be time to address it after the workers’ compensation case is resolved.
The company that manufactured a machine is not automatically responsible every time equipment fails. A machine may have been substantially altered after leaving the manufacturer. An employer might have removed a guard. A maintenance company could have installed an incorrect replacement component. A rental company may have failed to inspect equipment before delivery.
Illinois law expressly addresses alterations and modifications in the product-liability context. 735 ILCS 5/13-213 recognizes that changes to a product after its original sale can affect the legal analysis.
We investigate the entire history of the equipment so we can identify the parties whose actions may actually have caused the dangerous condition.
Potentially, yes. Your workers’ compensation claim does not necessarily depend on proving exactly why the equipment malfunctioned or establishing that your employer was negligent. We still need to prove that you sustained a compensable injury arising out of and in the course of your employment.
Workers’ compensation is generally the statutory remedy for covered workplace injuries against an employer, subject to exceptions under Illinois law. The fact that your employer supplied defective machinery does not automatically convert the case into an ordinary negligence lawsuit against the employer.
A permanent injury can affect the workers’ compensation benefits available under 820 ILCS 305/8. Depending on the nature and severity of your impairment, potential benefits can involve permanent partial disability, wage differential compensation, or permanent total disability.
Do not alter, repair, dispose of, or attempt to take equipment that does not belong to you. If possible, identify the machine and document its condition through photographs or other lawful means. Tell us if you believe the employer intends to repair, replace, return, or discard the equipment.
A defective-equipment accident can involve more than filing a workers’ compensation claim and waiting for benefits. The machine may need to be preserved, maintenance records may need to be obtained, witnesses may need to be identified, and potential claims against outside companies should be investigated before important evidence disappears.
If defective machinery, a power tool, industrial equipment, or another dangerous product injured you at work, contact our Antioch workers’ compensation attorney at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
© 2026 The Law Offices of Robert T. Edens, LLC., All Rights Reserved, Reproduced with Permission Privacy Policy | Sitemap | Disclaimer
Powered By 
