Workplace Exoskeleton Injuries & Liability

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.

With the global exoskeleton market projected to grow from $2.7 billion in 2024 to over $32 billion by 2032, and companies like Amazon, Walmart, and UPS evaluating deployments, understanding liability for exoskeleton injuries is increasingly critical.

The Growth of Workplace Exoskeletons

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The exoskeleton market is expanding rapidly across industrial, medical, and military applications.

Market Overview

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Key Market Drivers:

• 502,380 MSD workplace injury cases requiring days away from work (2021-2022)
• 26.1% of all workplace incidents involve musculoskeletal disorders
• $2 billion annually in workers’ compensation costs from construction MSDs alone
• $59 billion per year in total direct US workers’ compensation costs

Types of Workplace Exoskeletons

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Passive Exoskeletons: Unpowered devices using springs, counterweights, or elastic materials to redistribute body loads. 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. 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

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The Safety Paradox: Do Exoskeletons Create New Injuries?

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The promise of exoskeletons is simple: reduce musculoskeletal disorders by supporting workers’ bodies. The reality is more complicated—and concerning.

Concerning Research Findings

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Passive Exoskeleton Safety Study Results:

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 in unsupported body regions

Ford’s 18-Month Field Study (9 facilities, 65 exoskeleton users, 133 control):

• 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 continued use

New Injury Categories

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Exoskeletons can create injury risks that didn’t exist before:

Medical Exoskeletons: FDA Regulation and Liability

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Medical exoskeletons for rehabilitation and mobility assistance face stricter regulation than industrial devices—but also present unique liability questions.

FDA-Cleared Medical Exoskeletons

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The FDA regulates powered medical exoskeletons as Class II medical devices with special controls:

Key Regulatory Developments:

• 2014: ReWalk became first FDA-cleared exoskeleton for home use
• 2023: ReWalk 6.0 cleared for stairs and curbs
• 2024: CMS issued national reimbursement policy for qualifying patients
• 2024: ReWalk 7 cleared with enhanced features
• EksoNR is the only FDA-cleared exoskeleton for brain injury and MS

Medical Exoskeleton Liability

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When medical exoskeletons injure patients, liability may extend to:

Device Manufacturers:

• Design defects in joint mechanisms, sensors, or control systems
• Manufacturing defects in specific units
• Failure to warn about contraindications or limitations
• Software defects in AI-powered devices

Healthcare Providers:

• Negligent patient selection (ignoring contraindications)
• Inadequate training and supervision
• Failure to properly fit and adjust devices
• Continuing use despite patient complaints

Rehabilitation Facilities:

• Negligent maintenance and inspection
• Inadequate staff training
• Failure to follow manufacturer protocols
• Premises liability for falls during use

Military Exoskeletons: Emerging Liability Questions

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Military exoskeleton development raises unique liability considerations, particularly as technology transfers to civilian applications.

Current Military Programs

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Lockheed Martin ONYX:

• Lower-body powered exoskeleton with AI
• $6.9 million U.S. Army development agreement (2018)
• Electro-mechanical knee actuators, sensor suite, AI computer
• Under 14 pounds total weight
• Designed to reduce knee and quadriceps strain during load carriage

DARPA Programs:

• Wyss Exosuit: Soft textile design for waist, hips, thighs, calves
• SuperFlex: Actuator system with electrical pulse initiation
• Warrior Web: Multi-organization soft exosuit program

Lockheed Martin HULC:

• Allows 200 lb loads without wearer strain
• Maximum speed: 11 km/h sustained, 16 km/h burst

Military-to-Civilian Liability Transfer

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When military exoskeleton technology enters civilian markets:

• Government contractor immunity may not extend to civilian products
• Design choices for military use may create civilian hazards
• Different use environments may reveal new failure modes
• Dual-use manufacturers face complex liability exposure

Regulatory Framework: ASTM F48 Standards

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Unlike traditional PPE, exoskeletons operate in a regulatory landscape with few established mandatory standards—though voluntary consensus standards are rapidly developing.

ASTM F48 Committee on Exoskeletons and Exosuits

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ASTM International formed Committee F48 in 2017 to develop voluntary consensus standards. The committee has six subcommittees covering:

• Design and manufacturing
• Human factors and ergonomics
• Task performance
• Maintenance and disposal
• Security/IT
• Terminology

Published ASTM Standards

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Standards in Development:

• WK89778: Maintenance guidance for end-users
• WK93944: Firefighter exoskeleton test methods

OSHA and Federal Regulation

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Current Status:

• OSHA has no specific exoskeleton rules
• Workers must rely on General Duty Clause protections
• Expected future guidance from OSHA, NASA, and ASME—no timeline established

International Standards:

• ISO 13482:2014: Safety requirements for personal care robots
• Covers some exoskeletons but excludes medical devices and military/public safety applications
• Limited applicability to workplace exoskeletons

Legal Theories for Exoskeleton Injuries

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Product Liability Claims

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Exoskeleton manufacturers may be liable under standard product liability theories:

Design Defects:

• Inadequate padding causing friction injuries
• Joint mechanisms allowing hyperextension
• Weight distribution causing balance problems
• Insufficient emergency release mechanisms
• Software defects in AI-controlled powered devices

Manufacturing Defects:

• Defective springs or actuators
• Weak structural components
• Improperly calibrated sensors
• Battery defects

Failure to Warn:

• Failure to warn about contraindications
• Inadequate training materials
• Insufficient labeling about weight limits, duration, or maintenance

Proving Defects

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To succeed in a product liability claim:

1. The exoskeleton was defective
2. The defect existed when it left the manufacturer
3. The device was used as intended (or in foreseeable manner)
4. The defect caused the injury

Evidence Sources:

• ASTM standards compliance (or non-compliance)
• FDA adverse event reports (medical devices)
• OSHA incident records
• Manufacturer internal testing documents
• Expert biomechanical analysis

Workers’ Compensation

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Most workers injured using exoskeletons file workers’ compensation claims:

Benefits:

• Medical expenses for treatment
• Wage replacement during recovery
• Permanent disability benefits for lasting impairment

Limitations:

• Generally bars lawsuits against employers
• Benefits may be less than full compensation
• Must be filed promptly (often 30 days of injury)

Third-Party Liability

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Workers’ compensation doesn’t prevent lawsuits against third parties:

Building a Strong Case

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Immediate Steps After Injury

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1. Report immediately — Document incident with supervisor, noting device model and serial number
2. Photograph everything — Device, visible damage, your injuries
3. Record circumstances — Task performed, duration of use, any error messages
4. Get witness information — Contact details for coworkers
5. Note prior complaints — Any previous concerns you raised about the device

Evidence Preservation

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Request in writing that your employer preserve:

• The specific exoskeleton unit involved
• Maintenance and inspection records
• Training materials you received
• Reports of prior incidents with same/similar devices
• Sensor data and usage logs (powered exoskeletons)

Medical Documentation

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• Seek evaluation promptly, even for minor-seeming injuries
• Be specific about exoskeleton’s role in your injury
• Document ongoing symptoms—many exoskeleton injuries develop gradually
• Track how injuries affect daily life and work capacity

Statutes of Limitations

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Frequently Asked Questions

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The Future of Exoskeleton Liability

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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.

AI Liability Questions: As AI-controlled exoskeletons become more sophisticated, questions about algorithmic decision-making, software defects, and over-the-air update liability will become increasingly important.

Related Practice Areas

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• Industrial Automation — Robot safety in manufacturing settings
• Warehouse Robotics — Fulfillment center automation injuries
• Construction Robotics — Autonomous equipment on jobsites
• Surgical Robots — Medical robotics liability

Related Resources

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• Amazon Warehouse Injuries Guide — Comprehensive Amazon claims guide
• Understanding Liability — General product liability principles
• Filing a Claim — Step-by-step claims process