When Workers’ Compensation is not Enough
There is a provision in the Illinois Workers’ Compensation Act called the Exclusive Remedy Provision. This means that if an employee is injured while working, they do not have the right to recover damages from the employer other than what is provided for under Workers’ Compensation.
In a recent article published by the American Association for Justice, the possibility of a products liability claim within a workers compensation case is discussed. It emphasizes that “every workplace accident that involves a product should be reviewed to determine whether there is a potential products liability cause of action.”
For an injured worker this means that if they sustained an injury as a result of using a defective product, they may have a claim against the manufacturer, distributor or retailer responsible for the development, distribution and sale of the equipment.
If the technology exists that could make the product safer and the product is unreasonably dangerous, the design defect could make a company liable.
If a product does not work as the manufacturer intended, that could be an indication of a manufacturing defect. Additionally, if the product does not carry an ample warning about the possible danger of using the product, the user of the product is not protected during the use and the maker becomes liable.
Anytime a worker sustains an on-the-job injury as the result of using a product , a products liability case should be investigated.
