If you suffered a defective machinery injury at work in New York, workers’ compensation may not be your only claim. When a faulty machine, tool, or piece of equipment causes the harm, you may also be able to sue the company that made or sold it. That is a product liability lawsuit, and it is separate from your comp case.
The short version: comp covers you no matter who was at fault, but it does not pay for pain and suffering. A product liability claim against the equipment maker can.
Comp vs. suing the equipment maker
New York workers’ compensation is your guaranteed safety net. You get medical care and partial wage benefits without having to prove anyone was negligent. In exchange, you generally cannot sue your employer for the injury, even if the company set the machine up poorly or skipped maintenance. The exclusive-remedy rule blocks that lawsuit.
But the manufacturer of a dangerous machine is not your employer. Neither is the distributor who sold it or the company that installed a defective part. These are third parties — the same category as an outside driver who hits you while working. When their product hurts you, New York law lets you bring a civil lawsuit against them, on top of collecting comp.
That second claim is where the bigger money usually lives, because it can include damages comp never pays.
What each claim covers
Workers’ compensation typically pays:
- Medical treatment for the injury
- A percentage of your lost wages
- A permanent disability award, such as a schedule loss of use for a hand, arm, or finger
A product liability lawsuit can add:
- Pain and suffering
- Your full lost earnings, not just the comp portion
- Loss of future earning ability and quality of life
What makes a machine “defective” under New York law
Not every workplace accident with a machine is a product case. The equipment has to actually be defective. New York recognizes three main types of defect:
- Design defect – the machine was dangerous by design, even when built correctly. A common example is a press, saw, or grinder that has no proper guard, no two-hand control, or no emergency stop where one was feasible.
- Manufacturing defect – the design was fine, but this particular unit was built wrong. A cracked weld, a missing bolt, or a part made from the wrong material can qualify.
- Failure to warn – the maker did not give adequate warnings or instructions about a hidden danger.
| Defect type | What it means | Typical example | Who you must look at |
|---|---|---|---|
| Design defect | Dangerous as designed, even if built correctly | Press with no guard or emergency stop | The manufacturer |
| Manufacturing defect | This unit was built wrong | Cracked weld, missing bolt, wrong material | The manufacturer (and parts maker) |
| Failure to warn | Inadequate warnings or instructions | No warning about a hidden crush point | Manufacturer or seller |
Common machinery injuries that turn out to be product cases include amputations and crush injuries from unguarded presses, conveyor entanglements, table saw kickback, forklift defects, exploding tools, and failures of safety devices that were supposed to shut the machine down.
Who can be sued
Liability can reach anyone in the chain that put the product into your hands:
- The manufacturer of the machine
- The maker of a defective component part
- The distributor or seller
- Sometimes a company that rebuilt or modified the equipment
How comp and the lawsuit work together
You can pursue both claims at the same time, but they are connected through a lien.
When comp pays your medical bills and wage benefits, the comp insurer has a right to be paid back out of any money you recover from the product lawsuit. New York reduces that lien to reflect the legal fees and costs you spent to win the case, so the carrier shares in the expense of the recovery rather than collecting off the top.
One rule is critical: before you settle the product lawsuit for less than the full comp benefits you are owed, you generally need the comp carrier’s written consent or a court order. Settling without it can put your future comp benefits at risk. Because of this, the timing and order of the two claims should be coordinated, not handled in isolation.
Why the machine itself is your most important evidence
Product cases live and die on the machine itself. The single most important step after a serious injury is to make sure the equipment is preserved.
- Ask that the machine not be repaired, altered, or discarded. A repaired guard or replaced part can destroy proof of the defect.
- Save the make, model, and serial number.
- Keep the manual, warning labels, and any maintenance records if you can.
- Photograph the machine and the scene, including any missing guards.
- Write down what happened while it is fresh, and get the names of anyone who saw it.
If the machine gets “fixed” before an expert can inspect it, your product claim can become much harder to prove. The comp claim, by contrast, does not depend on the defect, so report and file that promptly too.
Deadlines to protect both claims
The two claims run on different clocks:
- Workers’ comp: notify your employer in writing within 30 days, and file with the New York Workers’ Compensation Board (wcb.ny.gov) within two years of the injury.
- Product liability lawsuit: New York generally allows three years from the date of injury to sue for personal injury caused by a defective product.
Even though the lawsuit deadline is longer, the evidence problem means you should act early.
Questions workers ask about defective-machine cases
Can I sue my employer if a machine they owned hurt me? Generally no. The exclusive-remedy rule makes comp your only claim against your employer, even if they maintained the machine poorly. Your lawsuit targets the manufacturer, component maker, or seller instead. Rare exceptions to the employer rule exist, such as no comp insurance or a true intentional act.
What if my employer removed the safety guard? You may still have a strong design-defect claim if the machine should have had a guard that could not be easily bypassed. How the guard was removed and whether the design allowed it are key facts an expert and attorney would examine.
Do I have to choose between comp and the lawsuit? No. You can do both. Comp gives you immediate benefits; the lawsuit pursues the larger damages. Just remember the comp lien and the consent-to-settle rule tie them together.
Related on SueWorkInjury
- Hit by another driver while working in NY: your two claims
- Injured on another company’s property at work in NY
- More vehicle and third-party accident guides
The early moves matter more here than in most cases: get medical care, report the injury to your employer in writing, and make sure no one repairs or scraps the machine. Because a defective-equipment injury can involve a comp claim and a separate product lawsuit with a lien and tight evidence concerns, you can for a free, no-pressure review of your situation with a New York work-injury attorney.
*This article is general information, not legal advice. Product liability and workers’ compensation outcomes depend on the specific facts of your case. Please consult a New York attorney about your situation.*