I broke my arm at work because my machine malfunctioned.
Can I sue my employer?
Generally, you would not be able to sue your employer in this situation. This is because under Pennsylvania law, injuries which occur to employees within the scope of their employment and while on the job are handled through the State's Worker's Compensation system rather than the courts. Therefore, you generally cannot sue your employer for injuries that occur on the job which are the result of ordinary negligence.
Does this mean you do not need an attorney if you are injured on the job? Absolutely NOT! Employers carry Worker's Compensation insurance to make payments to employees injured on the job. The insurance companies which provide this insurance will generally make every effort, including employing their own attorneys, to minimize the amount of your recovery in such a situation. This is why it is vitally important that you hire an attorney with Worker's Compensation expertise to represent you and assure you get maximum results. Attorney Gary Black of our office devotes a very large percentage of his practice to specializing in this type of case.
Also, you might be able to sue the manufacturer and/or supplier of the machine if there was some design or other defect in the machine when it left them that made it unreasonable dangerous to users. Attorneys at Lepley, Engelman & Yaw work together for you. Attorney Doug Engelman has been practicing over 20 years and has wide and extensive experience in evaluating, settling and trying such cases in court.
Disclaimer: - These opinions represent a generalization based upon Pennsylvania law as of Nov. 1, 2014. You should consult an attorney and discuss your specific circumstances before taking any action.