If you’re hurt on the job, in most cases, the only way to get partial income replacement and your medical bills is by filing a workers’ compensation claim. In limited circumstances, you may also file a claim in court and recover more for your injury and how it impacts your life.
Workers’ compensation is a type of insurance that, with a few exceptions, all employers must carry. It applies when you are injured or contract a work-related illness. You will get medical benefits and wage replacement (if you need to take time off), you won’t need to prove negligence like a personal injury lawsuit, and you can get benefits if your negligence caused the injury. But, generally, you also cannot pursue a lawsuit which would provide you greater compensation.
Pennsylvania Chocolate Plant Explosion Leaves Workers Injured and Killed
An example of the general rule that workplace injuries can’t result in a personal injury lawsuit is when a third party created the conditions that caused the accident. This can be injuries caused by defective equipment (those making and selling it might be sued) or a vehicle accident (you’re driving to a worksite when a vehicle driven by a non-employee strikes you).
In March, a gas leak triggered a fire and explosion that gutted a chocolate candy plant owned by R.M. Palmer Co. in West Redding, Pennsylvania, killing seven and injuring eleven. Before the fire, employees warned management they smelled a gas leak but were told to stay in the building. Though no cause has been determined, investigators believe defective fittings on gas pipes led to the fire and explosion.
The fitting, according to a National Transportation Safety Board investigation, was initially installed in 1982. That was left in place by contractors who did work on the gas pipes in 2021. The older fitting was subject to a federal warning in 2007. It shattered, and the newer fitting leaked, apparently leading to the explosion.
R.M. Palmer was fined $44,000 by the federal Occupational Safety and Health Administration (OSHA) in October. The agency stated the company didn’t heed employee warnings and failed to evacuate the facility. OSHA issued multiple citations to the company, which states it’ll contest the findings.
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How Might Third-Party Lawsuits Be Filed After a Plant Explosion?
Several lawsuits are pending due to the explosion, including those by non-employees who claim to be injured by the blast. Injured workers and survivors of at least one of those killed have filed a wrongful death lawsuit. The defendants include the maker of the 1982 fitting, DuPont, and the contractor working in the plant in 2021, UGI Utilities, Inc.
The lawsuits claim that the fitting was unsafe, never should’ve been sold, or at least should’ve been replaced before it failed. This would be a product liability claim, which is an option when the manufacturers or sellers of goods are sued to compensate purchasers, users, and bystanders for injuries inflicted due to defects in the goods in question.
UGI is accused of negligently failing to replace the 1982 fitting and installing the second fitting that caused the fire in 2021. Given that UGI was working with gas lines, which, if not maintained or repaired correctly, could endanger employees in the plant, plaintiffs would argue the company owed those in the plant a duty to use reasonable care.
If the evidence shows it, plaintiffs could argue they failed in that duty, that was a cause of the accident, and they should be held accountable. Since neither of these parties is the employer, these cases are considered third-party claims.
If the accident happened in Kentucky, R.M Palmer could be a defendant if there’s evidence management intentionally wanted to injure employees. One of the few exceptions allowing a wrongful death claim or lawsuit is when there are facts establishing the company intended to hurt or kill employees. No evidence has been released showing R.M. Palmer wanted that to happen.
Were You Injured at Work by a Third Party?
You may have legal rights to compensation if you are injured at work due to the negligence or intentional act of someone other than your employer. Call The Fleck Firm at (270) 446-7000 to schedule a free consultation. We’ll discuss what happened, how Kentucky law may apply, and your best options to proceed. Insurance companies have lawyers. You should have one, too.
