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-WORKERS.
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