Friday & Cox LLC
Search
Call Us Today for a Free Consultation: 412-561-4290
Email us for a free consultation Calls answered 24 hours a day
View our practice areas

Facing a product liability-workers' comp crossroad

Workers' compensation is supposed to be straightforward. If a Pittsburgh-area worker gets injured on the job, workers' compensation insurance covers the cost of immediate medical treatment, physical or occupational therapy that might be needed, and wage losses. The objective is to ensure a smooth delivery of help and service by removing the threat of legal action over who might be to blame.

This concept of "exclusive remedy" is not always the end of the story, however. While a worker might not be able to sue his or her employer for compensation, it may be possible to pursue recovery from a third party. For example, if defective parts in work machinery caused the injury, a products liability claim against the manufacturer may be possible.

A caveat about third-party claims

There is a caution that deserves consideration as you seek an experienced attorney's input on what your legal options might be. That is, even though your employer isn't a direct party to any suit you might bring against a third party, the company or the company's workers' compensation insurance provider does have a right to recover what they paid in benefits from any damage award the suit might deliver.

This right of subrogation is spelled out under section 319 of the state's workers' compensation statute. In addition to recovery of direct benefit costs, the employer might also be entitled to recover some of their legal costs. Depending on the specific circumstances of your case, however, the employer or the insurance company might not be eligible to collect under subrogation.

What's clear is that navigating the intersection of workers' compensation and personal injury law can be like encountering the spaghetti junction interchange near Pittsburgh International Airport. Consulting a skilled attorney can help get you through the loops and turns more smoothly.

No Comments

Leave a comment
Comment Information
Email us for a response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Friday & Cox LLC
1405 McFarland Road
Pittsburgh, PA 15216

Phone: 412-561-4290
Fax: 412-561-4291
Pittsburgh law office map

Friday & Cox LLC
Phones Answered 24 Hours A Day