Workers' Compensation Questions Answered: What If Someone Other Than My Employer Caused My Injury?
November 18, 2011
In a great number of situations, the worker's injury was not caused by a fellow employee or the employer, but rather by a "third party," such as the manufacturer of defective machinery. In each of those circumstances, the worker may be entitlted to receive workers' compensation benefits and also bring a suit for "pain and suffering" against the negligent third party.
Perhaps the most frequent occasion where the Workers' Compensation Act does not prevent a third party suit arises when an employee is injured in a car accident during work. If the other driver is negligent and is not employed by the same employer, suit may be brought.
In a factory setting, it is not unusual for injuries to arise as a result of defectively designed machines. Often industrial machinery is lacking appropriate safety guards or similar devices. usually the amnufacturer of the machinery is a company other than the employer and, therefore, can be held legally responsible.
In construciton, and employee of one sub-contractor may be injured as a result of the negligences of the employee of another sub-contractor. In those instances, a personal injury suit is not barred. One whose work takes him off the premises fo this employer and onto the premises of others is always exposed to the possibility of defective conditions at those premises, defects that might serve as a basis for a negligence claim.
These are just a few examples of situations when the Worker's Compensation Act does not prevent you from pursuing an action for pain and suffering. The point is that you should not simply assume that suit is prohibited.
Willig, Williams & Davidson Workers' Compensation Lawyers
The work injury lawyers at Willig, Williams & Davidson have a deep knowledge of workers’ comp law. Our lawyers in Philadelphia use our workers’ compensation expertise and a broad client base to leverage the best possible results for our clients in Philadelphia, Pennsylvania and beyond. Our Workers’ Compensation Department provides advice, counseling and legal representation to sick and injured workers, to make sure that they receive 100 percent of the benefits required by law.