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.
Workers' Compensation Lawyers
Robert W. Munley
Robert Munley is a graduate of Oklahoma City University, School of Law. He has been practicing law in Pennsylvania since 1996.
Caroline Munley
Caroline Munley has been selected as a 2006 and 2007 Pennsylvania Rising Stars Superlawyer.
Julia K. Munley
Julia Munley is a graduate of Dickinson School of law and has been practicing in Pennsylvania since 1992.
