Workplace Exoskeleton Injuries: Your Rights and Legal Options#
Exoskeletons promise to reduce workplace injuries by supporting workers’ bodies during physically demanding tasks. Major manufacturers like Ford, BMW, and Boeing have deployed thousands of these wearable devices across their facilities. But as exoskeleton adoption accelerates, a troubling pattern is emerging in safety research: in many cases, these devices may create new injury risks while attempting to solve old ones. Understanding your legal options is essential if an exoskeleton causes you harm.
The Growth of Workplace Exoskeletons#
The exoskeleton market is expanding rapidly. In 2024, the global market reached an estimated $1.76 to $2.69 billion, with projections suggesting growth to $32 billion or more by 2032. North America dominates the market with approximately 47% market share.
Types of Workplace Exoskeletons#
Passive Exoskeletons: Unpowered devices using springs, counterweights, or elastic materials to redistribute body loads. These are lighter, simpler, and don’t require batteries. Examples include shoulder-support vests and back-support frames.
Active (Powered) Exoskeletons: Battery-powered devices with motors and sensors that provide active force assistance. These can multiply human strength but are heavier and more complex. The powered segment represents approximately 74% of the 2024 market.
Upper-Body Exoskeletons: Devices supporting arms, shoulders, and backs during overhead work or repetitive lifting. Ford deployed arm-support exoskeletons at 15 factories worldwide following successful trials.
Lower-Body Exoskeletons: Devices supporting legs and backs, including “chairless chairs” that allow workers to sit without actual seats. BMW has deployed both the EksoWorks Vest and Chairless Chair devices across plants in the US and Germany.
Major Manufacturers#
Key players in the industrial exoskeleton market include:
- Ekso Bionics - Pioneers in wearable robotics, now focused on medical rehabilitation
- SuitX/Ottobock - Industrial exoskeletons for workplace injury prevention
- Sarcos Technology - Heavy-duty powered exoskeletons for military and industrial use
- Verve Motion - Soft exosuits designed for logistics and warehousing
- Levitate Technologies - Shoulder-support devices for overhead work
The Safety Paradox: Do Exoskeletons Create New Injuries?#
The promise of exoskeletons is simple: reduce musculoskeletal disorders (MSDs) by supporting workers’ bodies. The reality is more complicated—and concerning.
The MSD Problem Exoskeletons Aim to Solve#
Work-related musculoskeletal disorders represent a massive injury burden:
- MSDs caused 502,380 workplace injury cases requiring days away from work in 2021-2022
- 26.1% of all workplace incidents in 2019 involved MSDs
- $2 billion annually in workers’ compensation costs from construction industry MSDs alone
- $59 billion per year in total direct US workers’ compensation costs from serious non-fatal injuries
Exoskeletons target this burden by reducing muscle strain during repetitive tasks.
Concerning Research Findings#
However, research reveals significant safety concerns:
Passive Exoskeleton Safety Study Results:
- 87% of cases showed deterioration in safety conditions when using passive exoskeletons
- Only 10% demonstrated safety improvements
- 3% reported no change
Active Exoskeleton Concerns:
- Increased leg muscle activity required to support device weight
- Need for more frequent breaks to prevent muscle fatigue
- Coordination effects, particularly in the shoulder
- Potential increased risk of MSDs and injuries in body regions not supported by the device
Ford’s Long-Term Study Results: An 18-month field study across nine automotive manufacturing facilities (65 exoskeleton users, 133 control group) found:
- Users perceived reduced physical demands on shoulders, neck, and back
- Medical visits may have decreased among exoskeleton users
- However, perceived job performance, fit, and comfort were critical factors determining whether workers wanted to continue using the devices
New Injury Categories#
Exoskeletons can create injury risks that didn’t exist before:
Friction and Shear Injuries: Contact between device components and body regions can cause skin damage, pressure sores, and soft tissue injuries from repetitive rubbing.
Joint Hyperextension: Devices may push joints beyond their normal range of motion, causing ligament damage, strains, or sprains.
Compensatory Injuries: When an exoskeleton supports one body region, workers may overuse unsupported regions. A device reducing shoulder strain might increase neck or lower back injuries.
Collision and Impact Injuries: Rigid exoskeleton components can strike objects or other workers, and the added bulk reduces spatial awareness.
Instability and Falls: The weight and altered center of gravity from exoskeletons can affect balance, particularly when workers are on ladders, elevated platforms, or uneven surfaces.
Fatigue-Related Injuries: Active exoskeletons require leg muscles to support device weight, potentially causing faster fatigue and associated injury risks.
Regulatory Framework: An Emerging Landscape#
Unlike traditional personal protective equipment (PPE), exoskeletons operate in a regulatory gray zone with few established standards.
ASTM F48: The First Exoskeleton Standards#
ASTM International formed Committee F48 on Exoskeletons and Exosuits in 2017 to develop voluntary consensus standards. The committee has since published several foundational standards:
Published Standards:
- ASTM F3323 - Consensus terminology for exoskeletons
- ASTM F3358 - Labeling and informational requirements
- ASTM F3585-25 - Test methods for measuring cognitive fit, perceived safety, and acceptance
- ASTM F3661-24 - Guide for assessing fit accommodation
- ASTM F3688-25 - Guide for evaluating potential ergonomic risks
- ASTM F3773-25 - Test method for assessing back exoskeleton effects on low back loading
The committee’s six subcommittees address design and manufacturing, human factors and ergonomics, task performance, maintenance and disposal, security/IT, and terminology.
Limitations of Current Standards#
Standards Are Voluntary: ASTM standards are not legally binding unless referenced in contracts, regulations, or purchase agreements. Manufacturers can choose whether to follow them.
OSHA Has No Specific Exoskeleton Rules: The Occupational Safety and Health Administration has not published standards specific to exoskeleton safety. Workers must rely on general duty clause protections.
Expected Future Guidance: Organizations including NASA, ASME, and OSHA are expected to provide voluntary guidance within the next few years, but no timeline has been established.
International Standards#
ISO 13482:2014 addresses safety requirements for personal care robots, including some exoskeletons. However, ISO 13482 doesn’t cover exoskeletons classified as medical devices, nor military or public safety applications—limiting its applicability to workplace exoskeletons.
Legal Avenues: Product Liability and Beyond#
When exoskeletons injure workers, multiple legal theories may apply.
Product Liability Claims#
Exoskeleton manufacturers may be liable under standard product liability theories:
Design Defects: The exoskeleton’s fundamental design creates unreasonable dangers:
- Inadequate padding causing friction injuries
- Joint mechanisms allowing hyperextension
- Weight distribution causing balance problems
- Insufficient emergency release mechanisms
Manufacturing Defects: A specific unit was improperly assembled:
- Defective springs or actuators
- Weak structural components
- Improperly calibrated sensors in powered devices
Failure to Warn: The manufacturer didn’t adequately disclose known risks:
- Failure to warn about contraindications (conditions where use is unsafe)
- Inadequate training materials
- Insufficient labeling about weight limits, duration of use, or maintenance requirements
Proving Defects#
To succeed in a product liability claim, injured workers typically must establish:
- The exoskeleton was defective
- The defect existed when it left the manufacturer
- The device was used as intended (or in a foreseeable manner)
- The defect caused the injury
The emerging ASTM standards can serve as evidence—if a manufacturer failed to meet industry consensus standards, that failure supports defect claims. Conversely, meeting voluntary standards doesn’t guarantee immunity from liability.
Workers’ Compensation#
Most workers injured while using exoskeletons will file workers’ compensation claims:
Benefits Available:
- Medical expenses for treatment
- Wage replacement during recovery
- Permanent disability benefits if injuries cause lasting impairment
Limitations:
- Workers’ compensation typically bars lawsuits against employers
- Benefits may be less than full compensation
- Claims must be filed promptly (often within 30 days of injury)
Third-Party Liability#
Workers’ compensation doesn’t prevent lawsuits against third parties:
Exoskeleton Manufacturers: Product liability claims as described above.
System Integrators: Companies that custom-fit, modify, or integrate exoskeletons into specific workplace applications may be liable for negligent installation or configuration.
Distributors and Retailers: Depending on state law, entities in the distribution chain may share product liability.
Employers: In rare cases involving intentional misconduct or gross negligence beyond normal workplace risks, workers may have claims outside workers’ compensation.
Building a Strong Case#
If you’ve been injured while using a workplace exoskeleton:
1. Report Immediately#
Document the incident with your supervisor immediately, even if the injury seems minor. Note the specific device model, serial number, and any error messages or unusual behavior.
2. Document Everything#
- Photograph the exoskeleton, any visible damage, and your injuries
- Record the circumstances: What task were you performing? How long had you been wearing the device?
- Get contact information for witnesses
- Note any prior complaints you made about the device
3. Preserve Evidence#
Request in writing that your employer preserve:
- The specific exoskeleton unit involved
- Maintenance and inspection records
- Training materials you received
- Any reports of prior incidents with the same or similar devices
For powered exoskeletons, sensor data and usage logs may be crucial evidence.
4. Seek Medical Attention#
Get evaluated promptly by a healthcare provider. Be specific about the exoskeleton’s role in your injury. Many exoskeleton-related injuries develop gradually—carpal tunnel syndrome, chronic back pain, or repetitive strain injuries may appear weeks or months after initial exposure.
5. Track Symptoms Over Time#
Exoskeleton injuries may evolve. A device that initially caused minor discomfort may lead to chronic conditions. Document ongoing symptoms, treatments, and how injuries affect your daily life and work capacity.
6. Understand Time Limits#
Statutes of limitations vary by state and claim type:
- Product liability claims: typically 2-4 years
- Workers’ compensation: often 30 days to 1 year for filing
- Some states have “discovery rules” that start the clock when you knew (or should have known) about the injury
7. Consult Specialized Attorneys#
Exoskeleton injury cases require expertise in:
- Product liability law
- Workers’ compensation
- Wearable technology and robotics
- Workplace ergonomics and OSHA regulations
Questions to Ask After an Exoskeleton Injury#
When investigating your case, consider:
- Was the exoskeleton properly fitted to your body?
- Did you receive adequate training on proper use?
- Were there any prior complaints about this device or similar models?
- Was the device properly maintained according to manufacturer specifications?
- Did the manufacturer issue any safety notices or recalls?
- Were there contraindications that should have prevented your use of this device?
- Did your employer force you to use the exoskeleton despite complaints?
- Did the device meet applicable ASTM or other industry standards?
The Future of Exoskeleton Liability#
As exoskeleton adoption grows, liability frameworks will continue developing:
Standards Will Tighten: ASTM F48 continues publishing new standards. As industry consensus crystallizes, courts will increasingly use these standards to evaluate manufacturer conduct.
OSHA May Act: Growing deployment may prompt OSHA to issue specific guidance or regulations for exoskeleton safety in workplaces.
Data Will Become Evidence: Modern powered exoskeletons generate extensive sensor data. Access to this data—and battles over its preservation and interpretation—will become central to litigation.
Class Actions May Emerge: If specific exoskeleton models cause widespread injuries, coordinated litigation or class actions could develop, similar to other defective product cases.
For now, injured workers can pursue compensation through workers’ compensation and product liability claims. The key is recognizing that exoskeletons—despite their promise—are not risk-free, and manufacturers bear responsibility for devices that harm the workers they’re supposed to protect.
Related Resources#
- Industrial Automation - Robot safety in manufacturing settings
- Warehouse Robotics - Fulfillment center automation injuries
- Construction Robotics - Autonomous equipment on jobsites
- Contact Us - Get help understanding your legal options
This information is for educational purposes and does not constitute legal advice. Exoskeleton injury cases involve complex interactions between product liability, workers’ compensation, and emerging technology regulations. Consult with qualified legal professionals to understand your rights.
