Almost half of all punch press accidents result in amputation [1]. Despite strict safety procedures, operating a punch press comes with a good degree of risk. Even when supervisors properly inspect and maintain punch presses and prioritize adequate training, accidents can still occur.
A workplace accident involving a punch press typically requires experienced legal representation to ensure you receive fair compensation. Whether filing a workers’ compensation claim or a personal injury lawsuit, you need a law firm to get you the compensation you need for recovery.
Punch presses create holes in sheet metal and other materials. They use one of three power sources—mechanical, hydraulic, or pneumatic—with mechanical punch presses being the most common. A punch press can produce between 10 and 50 tons of pressure.
The mechanical equipment’s high speed and heavy weight make it extremely dangerous, especially when not properly operated or maintained.
The metalworking industry relies on punch presses to shape or cut materials. However, as necessary as they may be to the metalworking industry, punch presses carry inherent risks. Failing to train employees properly or not replacing proper machine guards as needed can lead to extremely dangerous situations.
Certain safety regulations can minimize the risks involved with punch presses but don’t eliminate them altogether. Some of the most common punch press accidents include the following:
Most punch press injuries arise through negligence by an employee, supervisor, employer, or manufacturer. To minimize risk, it’s important to operate the punch press safely, but the legal duty of care requires multiple parties to prioritize safety.
Employee negligence can sometimes be to blame when a punch press accident occurs. Employee negligence in a punch press accident may include the following scenarios:
It’s not always clear whose negligence caused a workplace accident. Chicago construction accident lawyers can help injured workers identify liability after a punch press accident occurs.
Defective punch presses can also lead to workplace injuries. Manufacturers are required to notify users of a known risk. A manufacturing defect different from the designer’s initial product plan may also be eligible for a product liability claim. If you believe you suffered injuries from a defective punch press, consider contacting an experienced attorney.
Punch press accidents can lead to a wide range of injuries, with some of the most common including the following:
The United States Occupational Safety and Health Administration (OSHA) reported some of the most common injuries involve crushed or amputated limbs and fingers [2]. The majority of accidents from punch presses result in serious injuries.
The Occupational Safety and Health Administration has clear guidelines in place to reduce the risk involved with punch presses and hydraulic presses.
OSHA recommends enacting certain safety protocols, such as regular employer supervision, central placement of an emergency red stop button, and foot pedals that lead to key selectors. OSHA also recommends pull-outs as a key part of safeguarding punch presses [3].
Hand controls, electronic switches, and proper protective equipment are also necessary for safe punch press use. OSHA also makes certain safety recommendations to prevent punch press accidents, such as prohibiting employees from wearing loose clothing or jewelry and securing long hair [4].
Liability in a punch press accident depends on the details of the accident. Workplace accidents involving a punch press can occur from punch press malfunctions, failure to properly train employees, or user error. Establishing liability identifies the best type of legal case to pursue for compensation.
A product liability claim covers defective parts. Illinois law places legal liability on manufacturers and product sellers to prevent user harm. If a punch press malfunctions, the manufacturer or designer may be responsible for any damages.
A Chicago product liability attorney can help build a successful product liability case based on one of the following product liability claims.
A design defect is the way the product was initially designed for use. If a dangerous design leads to an injured worker, the company may be liable for any damages.
A defective product may also arise due to improper manufacturing processes. A punch press may still be defective even if the design is considered safe, but manufacturing mistakes make it unsafe for use.
Illinois and federal law require manufacturers to notify users of safety risks. Failing to warn punch press users of inherent risks can make them liable if workplace injuries occur as a result. Illinois courts consider whether or not a reasonable person would know of the risk.
In a personal injury case, injured victims can seek compensation from the responsible party. A personal injury case aims to prove a legal duty of care and a breach of that duty. If management fails to properly inspect the punch press or is aware of a broken foot pedal but doesn’t repair it in a timely manner, they may be liable.
If evidence of negligence is present, a personal injury claim may apply. A personal injury claim must also show causation: that the punch press malfunctions led to an injury. Finally, to qualify for a Chicago personal injury case, there must be evidence that the injury in question can be compensated.
Our Chicago personal injury lawyers offer a free consultation so you can explore your legal options free of risk. If you experienced bodily or facial injuries due to a punch press machine accident, you may be eligible for compensation through a personal injury claim.
Punch press injuries may also fall under a workers’ compensation case. Most Chicago employers are required to carry workers’ compensation coverage, which protects workers if they’re injured while on the job. Illinois is a no-fault state, which means you can file a workers’ compensation claim regardless of fault.
Workers’ compensation benefits include medical expenses, physical therapy, rehabilitation costs, and medical equipment. It can help cover financial loss related to punch press malfunctions, including lost wages or diminished earnings. A Chicago workers’ compensation attorney can help you explore your legal options following a work-related injury.
Our law firm works with factory and construction workers in Chicago, including those injured by punch press malfunctions. A punch press accident attorney from Rosenfeld Injury Lawyers can help you recover the following damage types.
Economic damages cover the financial costs of a workplace injury, such as lost wages, medical bills, an inability to earn an income, and property damages. Severe injuries, such as those caused by a heavy-duty hole-punching machine, can limit your ability to earn an income, both now and in the future.
Noneconomic damages include the non-monetary impacts of a workplace injury, which might include loss of enjoyment, disfigurement, or pain and suffering. Noneconomic compensation may cover counseling, job training, or cosmetic surgery. The noneconomic losses in a workplace accident are just as important to consider as the financial ones.
Illinois limits how long injured workers have to file a punch press accident claim. The specific timeline depends on the type of claim you file. For example, Illinois limits personal injury cases to two years from the date the accident occurred. Product liability claims must also be filed within two years for personal injury and five years for property damage.
The Illinois Workers’ Compensation Act limits claims to three years from the date of the injury or two years from your last payment date. Discuss your case with a punch press injury attorney as soon as possible to avoid missing out on your legal right to file.
Rosenfeld Injury Lawyers has experience fighting against large insurance companies of the biggest manufacturers and workers’ compensation providers. With so many legal avenues available, discussing your options with a Chicago punch press lawyer is important. Here are a few ways our lawyers can help with your case:
Rosenfeld Injury Lawyers works on a contingency fee basis, which means you don’t pay us anything unless we win your case. We also offer a free case evaluation, allowing you to explore your options.
Punch press machines are designed to punch holes in heavy-duty metal materials. The extreme mechanical power involved with punch presses can lead to severe worker injuries.
Rosenfeld Injury Lawyers has successfully recovered millions for Chicago’s injured workers, helping them cover expenses and make life a little easier. Our legal team aims to make the claims process as easy as possible, with a free consultation and a contingency fee.
Whether you file a claim through workers’ compensation or a product liability case, our punch press injury lawyers have the experience you need for a successful case. Call Rosenfeld Injury Lawyers today at (888) 424-5757 or fill out our contact form.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Chicago, Elgin, Schaumburg, Rockford and throughout Illinois.
Specific Cases We Handle
Resources: [1] CDC, [2] OSHA, [3] OSHA, [4] OSHA
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.