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.
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!
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.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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.
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
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