Im receiving workers comp checks,can i sue the company that i got hurt at??

Asked over 1 year ago - Allentown, PA

i was mixing a product following the steps given to me by the manager.upon mixing the product reacted and blew up out of the tank causing me to get burned on my arm,back,and leg,i reacted and jumped off the step ladder and broke my tibia which also caused permanate nerve damage(i have a drop foot now) its been 2yrs now and ive been on medication and therapy.doctor says that im gonna stay limping for the rest of my life...i want to know if i can go after the company???

Attorney answers (5)

  1. Michele Susan Lewane

    Contributor Level 10

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    Lawyers agree

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    Answered . Workers Compensation is a no fault system created by each state's legislature. The employers basically agreed to pay a little in wages and medical benefits regardless of fault and employees agreed to give up "going after" employers for large personal injury verdicts that could bankrupt a company.Thus you can not go after your employer. However, you may be able to go after the manufacturer of the product if it was defective in some way. You would need to talk with a product liability attorney to know if this is an option. I would move quickly- there are statute of limitations which could prevent a lawsuit from waiting too long.

  2. Ruben Alonso Montoya

    Contributor Level 13

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    Lawyers agree

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    Answered . Your WC case is you going after your company on the WC system. Like stated previously you may have a product liability cause of action againt manufacturer if such product was defective in any way. I would highly recommend that you talk to a both a WC attorney and product liability. Good Luck!

  3. Christina Teresa Novajosky

    Contributor Level 5

    3

    Lawyers agree

    Answered . I agree with the other answers, but note in PA you have 2 years from the date of the injury, or the date you become aware you have a cause of action if the discovery rule can be argued, to pursue a claim against a third party who may be liable for your injuries. Time is of the essence, find an attorney immediately to determine if you do have a potential third party cause of action.

    This answer is being provided for educational purposes only, and does not constitute any legal relationship, or advice.
  4. David J. McCormick

    Contributor Level 20

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    Answered . You definitely have a worker’s comp. claim, but the tricky part for you is a potential products liability third-party claim. If the directions you were given caused the explosion then you have no products case. However, if the products were defective and caused the explosion then you could have a potential products case.

    You need to talk with a worker’s comp. and a personal injury attorney with experience handling products liability cases ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Deborah M. Truscello

    Contributor Level 2

    1

    Lawyer agrees

    Answered . You can go after your employer for worker's compensation. There are instances where you can sue your employer for extremely aggregious acts however in Pennsylvania it is very narrow instances that have been found where a law suit is allowed against the employer for more than worker's compensation benefits. We would need to gather more information and do investigation to determine if we believe your case would over come that threshold in the law. While it seems that based upon your manager telling you to do this would be an instance to qualify as an aggregious act, it may be that the manufacturer of the product is a better entity to sue because the instructions on the product from the manufacturer may have been that it was safe to mix. Contact us at 610-892-4940 Deborah Truscello, Esquire

    Answers are based upon facts given. Collection of further facts could change our answer.

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