Legal Question in Workers Comp in Pennsylvania
I had my hand almost severed off at the wrist due to a faulty piece of equipment at my job. Undergoing therapy and compensation representative is pressuring and threatening loss of benefits if i do not return to work. I only have 30% use of movement in my hand at this time. What are me rights?
2 Answers from Attorneys
You have a workers' comp case and a potentially more lucrative product liability case. Long story short: have your WC lawyer seek to obtain a Compromise and Release equal to 5 years' worth of comp checks without any discount for the time value of money; continue to pay med bills for the affected hand; and waive something called, "subrogation."
Then (but within 2 years of the date of injury), bring a Section 402A Restatement of Torts action against the separate manufacturer of the piece of equipment which caused your injury.
Good Luck.
TV
Depends on why the machine was faulty (employer negilence in maintance of machine v. negligently designed or manufactured machine) as to whether you may have a third party civil action against the machine manufacturer. With regards to your compensation benfits, it depends what you have beeen medically cleared to perform versus what position your employer is offering you and whether you have loss of use of any of your fingers or hand for al practical intents and purposes which would be paid as a specific loss benefit in addition to the wage loss benefits you are currently receiving.