Legal Question in Product Liability in Pennsylvania

Re: Loss of fingers

You certain can file such a claim, called a "third-party liability" claim. That means its a party other than you and your employer/comp insurer.

You can recover for pain and suffering, and the full amount of lost earnings and other damages.

There's no conflict. In fact, the comp insurer will be happy to have you pursue such a claim. Not from the goodness of their hearts, obviously: it's because they have a right to be paid back, called "subrogation" for the med expense and disability benefits they've paid. But that's not usually a problem because they have to pay their share of the fees and costs.

Our office handles many claims for workers injured on machines, including some cases very similar to yours. They are not always easy. Unfortunately, sometimes employers have removed guards; other times equipment is old, or has been modified or rebuilt, so it can be hard to track down the original manufacturer. It's important to try to investigate these as soon as possible, ideally before the machinery has been changed, fixed, upgraded, whatever.

Anyhow, I see your zip code is in Philly, so I'd be happy to talk with you and give you more info to see if we could help.

Re: Loss of fingers

you should be able to collect both in civil court and w/c court. There will be a py back to w/c if you recover on the produsts case. Is it your dominant hand? My firm handles lots of these. Please feel free to call

215-561-4111

SCOTT E. DIAMOND

LL.M. TRIAL ADVOCACY