Temporary workers have the same legal rights as permanent injured workers after workplace accidents. Part 1 of this article discussed a temporary worker’s right to file a workers’ comp claim in PA or NJ. Part 2 of the article will discuss the temporary worker’s right to file a personal injury lawsuit against the employer and other parties.
Personal Injury Negligence Lawsuit
Though an injured employee cannot sue the employer for a work-related accident and injury pursuant to the Workers’ Compensation Act, there are limited exceptions in both PA and NJ where an injured employee can file a lawsuit against the employer.
The Employer Wrongdoing Exception
In NJ, a worker can sue their employer when the employer commits an “intentional wrong,” which is when the employer knows that the consequences of their actions are substantially certain to result in harm.
In the scenario where an employee’s training on how to operate an industrial machine was cut short, the employer may be liable for the temporary worker’s injuries because it intentionally cut the training short in order to meet a deadline. See Can You Sue Your Employer In PA For A Workplace Injury?
Like NJ, there is a similar exception in the Workers’ Compensation Act in PA. An injured employee can sue his employer for an intentional wrong, such as an intentional fraudulent misrepresentation. If the employer knew that one hour of training is not sufficient, but told the temp workers that one hour is all they needed, then the employer may be sued by the temp worker. See Injured NJ Employees May Sue Employers For An Intentional Wrong
Products Liability Lawsuit
The temporary worker may also have a products liability lawsuit against the machine manufacturer if the industrial machine was defective in any way, i.e., improper machine guarding.
See industrial machinery case result - Man awarded multi-million dollar settlement for an arm injury on an industrial machine
Machine guarding is necessary to protect a worker’s hands from moving parts of the machine. Common injuries resulting from improper guarding of industrial machines are finger, hand or arm crush injuries and amputations.
For example, if the machine did not have proper guarding at a point of operation, the machine manufacturer may be responsible for the temporary worker’s hand crush injury and damages. See Industrial Machinery Accidents & Improper Guarding | PA Injury Lawyer
If you are a temporary worker and were injured while at work, you may have a legal claim against other parties, in addition to a workers’ compensation claim. Call Daniel J. O’Brien, a personal injury lawyer who has helped many injured workers in PA and NJ to schedule a FREE consultation. 877.944.8396