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Chicago Workers’ Compensation Lawyers for Caught-In or Between Accidents

A caught-in or between accident can happen in seconds, and the injuries it leaves behind can change a worker’s life forever. Whether you were pinned between a forklift and a warehouse wall near the Chicago River, pulled into unguarded machinery at a Pilsen manufacturing plant, or buried in a trench collapse on a South Side construction site, you have legal rights under Illinois law. Briskman Briskman & Greenberg is a Chicago personal injury lawyer firm that has spent decades helping injured workers fight for the compensation they deserve.

What Is a Caught-In or Between Accident at Work?
Illinois Law Covers Caught-In or Between Injuries Under the Workers’ Compensation Act
Common Workplaces and Scenarios Where Caught-In or Between Accidents Happen in Chicago
Injuries and Benefits Available After a Caught-In or Between Accident in Illinois
Third-Party Claims After a Caught-In or Between Accident
What to Do After a Caught-In or Between Accident in Chicago
FAQs About Chicago Workers’ Compensation for Caught-In or Between Accidents

What Is a Caught-In or Between Accident at Work?

According to OSHA, caught-in or between hazards are defined as injuries resulting from a person being squeezed, caught, crushed, pinched, or compressed between two or more objects, or between parts of an object. These are not minor incidents. The forces involved can destroy bones, sever limbs, and cause internal injuries that are not immediately visible.

This category includes individuals who get caught in or crushed by operating equipment, between mashing objects, between a moving and stationary object, or between two or more moving objects, as well as workers being pulled into machinery and those compressed between rolling, sliding, or shifting objects such as semi-trailers and a dock wall.

OSHA places these accidents in its “Focus Four” hazard group alongside falls, struck-by incidents, and electrocutions. Caught-in or between incidents are particularly dangerous because they happen in seconds, the forces involved often exceed 1,000 pounds of pressure, and rescue operations are complex and can delay medical care.

There are three main types of caught-in or between accidents. Caught-in incidents occur when a worker is pulled into or stuck within moving machinery or equipment, such as being entangled in conveyor belts, gears, or rotating parts. Caught-between incidents occur when a worker becomes trapped between two objects, such as equipment and a wall, or between a moving and a stationary object, with examples including being pinned by a rolling vehicle, shifting materials, or a collapsing structure. The third type involves burial, such as a trench cave-in or a collapsing excavation wall. Trench cave-ins and material collapses are among the deadliest caught-in hazards, as workers can be buried within seconds under soil, debris, or materials, often resulting in fatal injuries due to the massive weight and pressure.

These accidents happen across many Chicago industries, from construction sites along the Kennedy Expressway corridor to steel processing facilities in the Calumet region and manufacturing plants throughout the West Side. If you suffered a work injury in a caught-in or between accident, Illinois law gives you a clear path to compensation.

Illinois Law Covers Caught-In or Between Injuries Under the Workers’ Compensation Act

The Illinois Workers’ Compensation Act (820 ILCS 305) is the state law that governs your right to benefits after a workplace injury. It applies to almost every employer and employee in Illinois, including those working in Chicago, Evanston, Joliet, and throughout the Chicago metro area.

To obtain compensation under this Act, an employee bears the burden of showing, by a preponderance of the evidence, that he or she has sustained accidental injuries arising out of and in the course of the employment. For caught-in or between accidents, this means showing that your injury happened while you were doing your job, not during a personal errand or voluntary recreational activity.

Under 820 ILCS 305/8, your employer must pay for all necessary medical treatment to cure or relieve the effects of your injury. This includes first aid, surgery, hospital stays, and rehabilitation. The law also covers wage replacement benefits if you cannot work while recovering.

Notice of the accident must be given to the employer as soon as practicable, but not later than 45 days after the accident. Missing this deadline can put your entire claim at risk. Report your injury to your supervisor or HR department in writing and keep a copy for your records.

A claim must be filed within three years of the date of accident where no compensation has been paid, or within two years after the date of the last payment of compensation where any has been paid, whichever is later, under 820 ILCS 305/6(d). Acting quickly protects your right to file. A workers’ compensation lawyer can help you meet every deadline and build a strong claim from the start.

Common Workplaces and Scenarios Where Caught-In or Between Accidents Happen in Chicago

Chicago’s industrial history runs deep, and so does the risk of caught-in or between accidents. The city’s manufacturing plants, construction sites, warehouses, and rail yards create conditions where these injuries happen regularly.

Objects that contribute to caught-in or between incidents include heavy machinery such as forklifts and cranes, construction materials like steel beams or concrete slabs, and moving parts of equipment like conveyor belts, gears, and rotating shafts. Workers at food processing facilities near Bridgeport, auto parts manufacturers on the Northwest Side, and logistics warehouses near O’Hare International Airport all face these risks daily.

Construction sites are especially dangerous. These incidents occur when a worker’s body, or part of it, becomes trapped, compressed, or pinned between one or more objects, with common examples including a hand being pulled into an unguarded piece of equipment, getting crushed between heavy machinery, or being pinned by a falling object such as a cargo container, and workers may even be buried during a trench collapse.

Working with machinery becomes a common caught-in and caught-between hazard when workers are exposed to unguarded moving parts, perform maintenance without lockout/tagout procedures, or operate equipment in tight spaces, and these situations increase the risk of being pulled into or trapped by machinery. This is especially common during equipment maintenance shifts at Chicago-area industrial facilities.

Trenching work on Chicago utility and infrastructure projects also carries serious risk. Two workers were in an unprotected trench reconnecting drainpipes when, without warning, the walls collapsed around them. One worker was able to escape uninjured, but the second was not. There was no protection against a side wall collapse and no exit in a 62-foot long trench, and in another case an employee and a co-worker working in a 9-foot deep excavation installing water pipes were buried when the south side of the excavation caved in.

If your accident happened at a Chicago worksite, a workers’ compensation lawyer familiar with Illinois law and local industries can identify every avenue of recovery available to you.

Injuries and Benefits Available After a Caught-In or Between Accident in Illinois

Caught-in or between accidents cause some of the most severe injuries seen in workers’ compensation cases. These are not soft-tissue strains. They are crushing, degloving, and amputating injuries that can permanently limit what a worker can do.

Common injuries from these accidents include amputations of fingers, hands, arms, or legs, crush injuries to the chest or pelvis, traumatic brain injuries from being pinned under heavy equipment, spinal cord damage, severe fractures, and internal organ injuries. Many workers also experience significant psychological effects, including post-traumatic stress, after surviving a traumatic entrapment.

Under 820 ILCS 305/8, Illinois law entitles injured workers to several categories of benefits. Medical benefits cover all reasonable and necessary treatment, including surgeries, hospital stays, physical therapy, and prescription medications. Temporary total disability (TTD) benefits replace a portion of your wages while you are completely unable to work. Temporary partial disability (TPD) benefits apply if you can work in a limited capacity at reduced pay. Permanent partial disability (PPD) benefits compensate you for lasting impairment to a specific body part or your overall ability to work. If your injuries are so severe that you can never return to work, permanent total disability (PTD) benefits may apply.

Vocational rehabilitation is also available under Illinois law if your injuries prevent you from returning to your previous occupation. This can include job retraining and placement assistance. A workers’ compensation lawyer can help you pursue every benefit category you qualify for, not just the ones your employer’s insurance company offers without a fight.

Third-Party Claims After a Caught-In or Between Accident

Workers’ compensation is not always the only source of recovery after a caught-in or between accident. Illinois law allows injured workers to pursue third-party claims against parties other than their direct employer when those parties caused or contributed to the accident.

Under 820 ILCS 310/5(b), where a disablement or death for which compensation is payable was caused under circumstances creating legal liability on the part of some person other than the employer, legal proceedings may be taken against that other person to recover damages, even while the employer pays or is liable to pay workers’ compensation benefits.

Who might be a third party in a caught-in or between case? Equipment manufacturers can be liable if a machine lacked proper guards or had a design defect. A general contractor on a Chicago construction project can be liable for injuries to subcontractor employees under 820 ILCS 305/1(a)(3), which holds general contractors responsible when a subcontractor is uninsured. Property owners who control dangerous worksite conditions may also carry liability.

A third-party personal injury claim operates differently from a workers’ compensation claim. In a workers’ compensation claim, fault does not matter. In a third-party claim, you must show that another party’s negligence caused your injury. The potential recovery in a third-party claim can include pain and suffering damages, which workers’ compensation does not cover.

Chicago workers injured at major construction projects near Millennium Park, McCormick Place, or along the lakefront often have third-party claims worth pursuing alongside their workers’ compensation case. Contact Briskman Briskman & Greenberg at (312) 222-0010 to find out whether a third-party claim applies in your situation. A workers’ compensation lawyer from our firm can review your case and identify all available options.

What to Do After a Caught-In or Between Accident in Chicago

The steps you take after a caught-in or between accident directly affect the strength of your workers’ compensation claim. Acting quickly and carefully protects your rights under Illinois law.

Get medical attention immediately. Even if you feel you can push through the pain, caught-in and between injuries often involve internal damage that is not immediately obvious. A same-day medical evaluation creates a documented record linking your injuries to the workplace accident.

Report the accident to your employer in writing as soon as possible. Under 820 ILCS 305/6(c), you must notify your employer within 45 days of the accident. Verbal reports can be denied or disputed later. A written report with a date and a description of what happened is far harder to challenge.

Preserve evidence if you are physically able to do so. Photographs of the scene, the equipment involved, and your injuries are valuable. Names and contact information for co-workers who witnessed the accident can also be critical. If OSHA inspects the site, the citation records may become important evidence in your case.

Do not give a recorded statement to your employer’s insurance company without speaking to an attorney first. Insurance adjusters are trained to ask questions in ways that can minimize your claim. What you say in those early conversations can be used against you later.

Contact Briskman Briskman & Greenberg as soon as possible. Our firm handles workers’ compensation cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Call us at (312) 222-0010 for a free consultation. We serve injured workers throughout Chicago and the surrounding suburbs, including clients in Cook, DuPage, Lake, and Will counties.

FAQs About Chicago Workers’ Compensation for Caught-In or Between Accidents

Can I file a workers’ compensation claim if I was partially at fault for the caught-in or between accident?

Yes. Illinois workers’ compensation is a no-fault system under the Illinois Workers’ Compensation Act (820 ILCS 305). Your own negligence does not disqualify you from receiving benefits. As long as your injury arose out of and in the course of your employment, you are entitled to medical benefits and wage replacement regardless of whether you made a mistake that contributed to the accident. Fault only becomes relevant if you pursue a separate third-party personal injury claim against someone other than your employer.

What if my employer says the machine was properly guarded and the accident was my fault?

Your employer’s characterization of the accident does not determine the outcome of your claim. The Illinois Workers’ Compensation Commission (IWCC) is an independent state agency that adjudicates disputed claims. Evidence such as OSHA inspection records, maintenance logs, co-worker testimony, and expert analysis of the equipment can all be used to support your version of events. An experienced attorney can gather and present that evidence on your behalf before the Commission.

How long will my workers’ compensation case take to resolve?

The timeline varies depending on the severity of your injuries, whether your employer disputes the claim, and how long your medical treatment takes. Some cases resolve in months through a negotiated settlement. Others require a hearing before an arbitrator at the IWCC and can take longer. Cases involving permanent disability or third-party claims tend to be more complex. Your attorney can give you a realistic timeline based on the specific facts of your case.

Can I be fired for filing a workers’ compensation claim after a caught-in or between accident?

No. Illinois law prohibits employers from retaliating against workers for filing a workers’ compensation claim. If your employer fires you, demotes you, cuts your hours, or otherwise punishes you for asserting your legal rights, that is unlawful retaliation. You may have a separate legal claim against your employer for that conduct. If you believe you are being retaliated against, contact an attorney immediately to protect your rights.

What if the equipment that caused my injury was made by a manufacturer, not my employer?

If defective equipment caused or contributed to your caught-in or between accident, you may have a product liability claim against the manufacturer in addition to your workers’ compensation claim. This is a third-party claim under Illinois law. It operates separately from your workers’ compensation case and can result in additional compensation for pain and suffering, which workers’ compensation does not provide. An attorney can investigate the equipment’s design, safety history, and whether the manufacturer failed to include proper guards or warnings.

More Resources About Workplace Accident Types

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