A California laborer was struck in the chest when the shovel of a steam shovel came loose and landed on top of him. At the time of the accident, he was working in a trench on a construction project.
The laborer suffered fatal injuries as a result of being hit by the shovel.
Under Illinois law, this man’s family would be entitiled to worker’s compensation benefits for his death. However, those benefits are fairly limited compared to the true losses that this family has actually suffered.
When there is another entity responsible for a work injury besides the injured worker’s employer or co-employee, there is a potential for a liability lawsuit which would allow this family to recover the full measure of its losses.
In this particular case, the remains of the steam shovel must be preserved for investigating a potnetial case against the manufacturer of the steam shovel and its component parts, anyone responsible for maintaining the steam shovel, and the owner of the steam shovel if it is not the laborer’s employer.