An injury at work pushed you to file for workers’ compensation. Many people believe that is where the road ends. But when a defective machine caused your injury, you might have another path forward—one that could bring far greater financial relief for you and your family.
Workers’ comp and product liability claims serve different purposes
Workers’ compensation acts as a benefits system. It provides medical coverage and partial wage replacement after a workplace injury. However it comes with limits. You cannot recover compensation for pain and suffering and wage benefits typically cover only a portion of your actual earnings.
In contrast, a product liability claim is a civil lawsuit against the manufacturer or seller of the defective equipment. This type of case holds a third party responsible for making or selling dangerous machinery. The best part? You can pursue both claims at the same time. One does not cancel out the other.
Severe injuries demand more than basic benefits
When your injury changes your life forever workers’ comp benefits rarely cover the full financial impact. Perhaps you cannot return to your old job. Maybe you face years of medical treatment or permanent disability. Your family depends on your income and basic benefits will not replace what you have lost.
A third-party product liability claim opens doors to additional compensation that workers’ comp simply does not provide:
- Lost future income if you cannot work the same way again
- Pain and suffering compensation for the physical and emotional distress
- Out-of-pocket expenses that workers’ comp did not cover
- Compensation for life changes such as permanent disabilities or things you can no longer do
These damages recognize the true cost of a life-altering injury. They help you plan for your family’s long-term needs rather than just covering immediate bills.
How compensation from both claims works together
Here is something important to know: under Pennsylvania law, the workers’ comp insurance carrier generally has a statutory right to be reimbursed from your third-party recovery.
This does not mean you should not pursue a product liability claim. The carrier must pay its pro-rata share of legal fees and expenses. An experienced legal advocate can structure your settlement and negotiate with the insurance carrier regarding its subrogation lien to maximize your net recovery. You can ensure that your family gets the financial security you deserve after such a devastating injury. Just remember that Pennsylvania generally sets a strict two-year deadline from the date of your injury to file a product liability lawsuit, so it is crucial to act quickly.
