Injured by Defective Equipment or Machinery at Work in Pennsylvania
A Complete Guide
Can I file a claim if a machine hurt me at work?
Workers' compensation covers most workplace injuries regardless of fault, but you generally cannot sue your employer. If a piece of equipment was defective, however, the company that designed, manufactured or sold it is not your employer, and it may be responsible through a separate product liability claim. That claim can recover losses workers' comp does not cover, including pain and suffering.
What kinds of equipment cause these injuries?
Common examples include forklifts and pallet jacks, power saws, presses and stamping machines, conveyors, industrial mixers, ladders and lifts, nail guns, and tools with faulty electrical components. Injuries are often severe: crush injuries, amputations, burns, fractures and electrical injuries.
What makes equipment "defective"?
Pennsylvania product liability law generally recognizes three kinds of defects. A design defect means the product was unreasonably dangerous as designed, such as a machine built without a practical guard. A manufacturing defect means a specific unit was not made the way it was supposed to be. A warning defect means the product lacked adequate instructions or warnings about a hidden danger. Learn more about who is responsible for a defective product.
What if the safety guard was removed?
This comes up often. If an employer or someone else removed or disabled a guard, the manufacturer may argue the machine was altered. But that is not always the end of the question — for example, if the guard was easy to remove, interfered with normal use, or the danger of removal was foreseeable. These cases depend heavily on the specific facts and on expert review of the equipment.
Why is preserving the equipment so important?
The machine itself is usually the most important piece of evidence. After an incident, equipment is often repaired, modified, returned to a rental company or scrapped. Once that happens, it can be very difficult to prove what went wrong. If possible, photograph the equipment, note the make, model and serial number, and ask that it be preserved. A prompt written preservation request can make a major difference.
Do workers' comp and a product claim work together?
Yes. You can generally receive workers' compensation benefits and pursue a third-party product claim at the same time. If the product claim succeeds, the workers' comp carrier usually has a right to be repaid from part of the recovery. See workers' comp vs. a third-party claim.
How long do I have?
Product liability claims in Pennsylvania are generally subject to a two-year statute of limitations. Because these cases require identifying the manufacturer, distributor and any rental or maintenance company, it is wise to start early.
Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County and Northeastern Pennsylvania.
Related: Warehouse & Distribution Center Injuries in Northeastern Pennsylvania
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