Defective Equipment, Workers’ Comp, & Product Liability in Pennsylvania

Being injured on the job when defective equipment is to blame can be a particularly stressful situation to deal with. In Pennsylvania, workers’ compensation will generally cover your medical bills and a portion of your lost wages after a workplace injury. However, if the equipment itself was flawed, that may not be your only path to compensation.

If the tool or machine that harmed you was defective, you could also have the right to file a product liability claim against the company that made or distributed it. Learning about how these two types of claims work together is important because it can significantly affect how much you are able to recover.

Workers’ Compensation Claims

Pennsylvania’s workers’ compensation system is no-fault, meaning you do not have to prove that your employer did anything wrong in order to receive benefits. If you were hurt while using equipment at work, you are generally entitled to coverage for your medical treatment, along with a portion of your lost wages while you heal.

However, the system has real limitations. Workers’ comp does not account for your pain and suffering, and it may not cover the full amount of income you lost. It is also considered the exclusive remedy against your employer, so you typically cannot file a separate lawsuit against them for the same incident.

Product Liability Lawsuits

Product liability can change the picture. If the equipment that caused your injury had a dangerous design flaw or was improperly assembled during the manufacturing process, the company that produced it may bear legal responsibility. The same applies if the manufacturer failed to include adequate safety warnings or instructions.

In Pennsylvania, product liability claims are governed by strict liability. That means you do not have to prove the manufacturer was careless or negligent. You simply need to show that the product was defective and that the defect is what caused your injury. Pursuing this kind of claim alongside your workers’ comp case can open the door to additional compensation for pain and suffering, full lost wages, and other damages that workers’ comp does not touch.

Keep in mind that the statute of limitations for filing a product liability lawsuit in Pennsylvania is two years from the date of your injury. For workers’ comp, you must notify your employer within 21 days (up to 120 days to receive at least partial benefits) and file your claim within three years.

What Steps Should I Take After a Defective Equipment Injury at Work?

How you respond in the days following a workplace equipment injury can have a big impact on both your workers’ comp case and any potential product liability claim. 

Here are a few steps you should take:

  • Report the injury to your employer right away and make sure the incident is documented in writing.
  • Get medical attention as soon as you can, even if the injury seems minor at first. Your medical records will be key evidence later on.
  • Do what you can to preserve the equipment that caused the injury. It should not be repaired, altered, or discarded before it has been properly examined.
  • Keep detailed records of everything related to the injury, including time missed from work and out-of-pocket costs you have incurred.

From there, reach out to an attorney who handles both workers’ comp and product liability cases. Acting quickly gives your legal team the best chance to investigate the equipment and identify every party that may share responsibility.

Contact Marzzacco Niven & Associates To Schedule a Free Consultation With a Pennsylvania Personal Injury Attorney

If defective equipment played a role in your injury at work in Pennsylvania, you may be entitled to far more than workers’ comp alone. A product liability claim can help fill the gap by covering losses that the workers’ comp system was not built to address.

Most attorneys who take on these cases work on a contingency fee basis, so there is no cost to you upfront.Contact Marzzacco Niven & Associates today to schedule a free consultation with an experienced Pennsylvania car accident lawyer.

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963