If you work in a Scranton metal fabrication plant, you understand the daily risks of the job. You operate heavy machinery like CNC machines or industrial presses to get the work done. When a machine fails and causes a serious injury, your first thought is likely how you will pay your bills. You might assume that workers’ compensation is your only source of help, but that is not always the case.
While workers’ comp provides full coverage for related medical bills, it only replaces a portion of your lost wages and does not compensate for pain and suffering. In many local manufacturing accidents, an outside company might be the one actually at fault for the incident.
Identify a potential machine defect after an accident
A manufacturing injury often occurs when a company designs or builds a machine incorrectly. When this happens, you may have a product liability claim against the manufacturer. This is a separate legal path from a claim against your employer. These cases focus on whether the equipment was safe for its intended use.
You should consider the following details about the machinery:
- The equipment lacked necessary safety guards or shields.
- A mechanical part snapped or failed during normal operation.
- The control software malfunctioned and caused an unexpected movement.
- The manufacturer provided no clear warning labels about nonobvious dangers.
Examining these factors helps determine if an entity other than your employer bears responsibility for your lost income and physical hardships.
Understand the value of a third-party claim
Under the Pennsylvania Workers’ Compensation Act, workers’ compensation is generally the exclusive remedy against your employer for work-related injuries. This means you are barred from suing them for negligence. However, a workplace injury claim against an outside company is a different matter.
These claims allow you to seek damages that workers’ comp does not provide, such as permanent scarring and emotional distress. While a third-party claim allows you to seek these additional damages, you should be aware that the workers’ comp insurer usually has a legal right to be reimbursed from your settlement for the benefits they already paid you.
Explore all available legal avenues
Understanding the full scope of your rights ensures that you do not leave money on the table. A single accident can lead to multiple types of legal claims that work together to provide for your family.
Taking a close look at the equipment and the circumstances of the failure can reveal options you did not know existed. Seeking a legal review of the accident can help clarify the best path forward for your specific situation.
