Third Party Actions

A third party lawsuit can occur if someone (or something) other than your employer is wholly or partly responsible for your work-related injury, illness or disease.

Machinery that has a design flaw or lacks a safety feature often contributes to on-the-job injury and is the subject of "product liability lawsuits." Getting compensation through a third party such as an equipment manufacturer is rare, but it does happen.
Pennsylvania law says that you can sue an equipment manufacturer for injuries caused by a product malfunction or a design flaw. The law also gives you the right to sue if you can prove that the manufacturer failed to provide adequate instructions for using the equipment.

It is in your best interest to contact a workers' compensation lawyer if a defective product causes an injury. He or she can hire experts who can determine whether or not a complex piece of machinery contained a design flaw or lacked safety features.

Equipment lacking safety equipment can lead to a manufacturer being sued. The National Safety Council estimates that unsafe equipment causes 10 to 15 percent of all industrial injuries

In a product liability lawsuit, your attorney must prove that the manufacturer failed in its duty to design a safe product

Equipment lacking detailed information about the dangers of equipment use can lead to a third party lawsuit of the manufacturer. In a recent case, a worker sued (and won) because the manufacturer failed to warn of the dangers that can happen if an operator did not lighten a wheel nut with a specific torque requirement. Although directions were supplied on how to use the product, the directions said nothing about what could happen if certain directions were not followed.

A third outlet is the National Institute for Occupational Safety and Health, an agency that conducts research on hazardous conditions and workplace exposures to toxic chemicals. OSHA can be reached at (404) 329-3311.

"Reasonable medical care" includes, but is not limited to, surgery, special treatments, medications or physical therapy. Should you refuse such recommended treatment, your employer or his or her insurance carrier has the right to petition the Bureau of Workers' Compensation to have your benefits suspended.

Dealing with an insurance company doctor is a somewhat different matter. An insurance company doctor who recommends a specific test, treatment, therapy or operation can have his or her recommendation challenged by your doctor. If both agree to the treatment regimen, you have the obligation to arrange for treatment with your doctor. If you refuse, you may lose your benefits.

If you are injured at work, if your work irritates a pre-existing physical problem, or if you develop a disease or illness from your job, you are entitled to workers' compensation benefits.

Do not permanently lose your right to seek workers' compensation benefits!

Please contact a Munley, Munley & Cartwright Workers' Compensation Lawyer by e-mail or telephone 1-800-318-LAW1.

 

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