DantheMan wrote:
I understand that if someone is killed at work, the only remedy against
the company is through workers comp. However, if they were killed in a
machine, I understand the maker of that machine can be sued.
Your understanding may or may not be correct, depending on the state.
While your understanding is probably a generally accurate description
of the overall theory of worker's compensation law (in
manufacturing-heavy states, at least), there are likely variations from
state to state (even in manufacturing-heavy states) that could affect
the outcome of a dispute involving a particular factual scenario.
I also understand the maker of that machine can countersue the company
and say that it was "improper training" or something else.
As above, your understanding may or may not be correct, depending on
the state(s) involved (for the same reasons stated, and because the
"maker of the machine" may reside in a different state than the
employer-manufacturer). You should note that the term "countersue"
generally refers to a "suit" by the defendant against the plaintiff;
but the type of claim you are raising is more accurately termed a
"third-party claim" or "cross-claim" (depending on whether the party
"sued" is already a party to the action and aligned as a co-defendant).
Would the company that manufactured the machine sue the company where
the individual got killed only or also sue managers in the company
individually. (Such as plant manager or safety manager?)
An effective defense lawyer would sue all potentially culpable parties,
as warranted by the peculiar facts of the case, unless the inclusion of
one (or more) of them would be strategically counter-productive and/or
unlikely to yield a collectible judgment against one (or more) of them.
If a manager is sued can they file for bankrupcy for protection?
Anyone can file for bankruptcy protection, provided that the person (or
entity) meets the statutory pre-requisites to do so (such as not having
previously obtained a bankruptcy discharge within a certain amount of
time).
