It is the duty of product manufacturers to think about the risks of their products, so they can take steps to reduce those risks for consumers. In the case of items that are marketed to businesses, they must ensure that the products are safe for use by workers. When there is an issue with a product and a worker suffers an injury, the worker may need medical care and may miss work. This can lead to considerable financial impacts, but the worker shouldn’t be held liable for those.
Typically, workers will turn to workers’ compensation for their medical care and possibly partial wage replacement if they’re injured on the job. This program takes the financial responsibility off the employer and shifts it to the workers’ compensation insurer.
There is an exception to the requirement that workers can only turn to workers’ compensation when they suffer an injury. This exception is when there is a third party that caused the injury because of negligence. In that case, a third-party lawsuit is allowable, but the worker still can’t file a claim against the employer.
We’re here to help workers who are injured by a defective product. We understand that you shouldn’t have to pay the price for the negligence of the manufacturer and neither should your employer. If you did file for workers’ compensation before you realized that you had another option, we can determine how subrogation might play a role in your case. We want you to get the compensation you deserve and will work on your behalf to make that happen.