Q: Traumatic workplace accident with malfunctioning machine causing severe injury and employer secrecy affecting worker's compensation case.

A: I'm sorry about your injury. There are multiple issues laid out in your post that your personal injury and workers' comp attorneys would be able to address best, with the benefit of having the file. In terms of exploring the product liability aspects of your matter as a third-party action, your attorneys should be able to make a more definitive determination there when the investigation yields additional information. It's possible they await the findings of the report to determine whether it is an issue related to workplace operation or training, or it is an issue related to the manufacture and design of the machine, or a failure to provide appropriate warnings as to its proper and safe use. This is only general commentary - your attorneys would be in the best position to advise about these issues in more meaningful detail. I hope you are okay. Good luck

A: Sorry to hear what happened to you. It sounds like you've taken the necessary steps to protect your interests by hiring an attorney. Your attorney should be able to perform an investigation into the incident and taken measures to have the machine in question preserved as to that it can be inspected. To prevail in a products liability lawsuit against the m product's manufacturer, you'll need to demonstrate that it was defective and that the defect caused your injury. Although OSHA's investigation may make your case stronger (depending on the outcome), it is not a prerequisite to bringing a lawsuit.

A: I am sorry to hear about the severe injuries you sustained and the difficulty you are facing with your workers’ compensation case and potential personal injury claim. Given the facts you shared, you may have several legal options under New York law.

First, your workers’ compensation claim should cover medical treatment, lost wages, and compensation for permanent partial disability. If your employer or their insurance carrier is delaying or mishandling the claim, you can file a complaint with the New York Workers’ Compensation Board. You may also request a hearing before a Workers’ Compensation Law Judge to address any disputes related to benefits or coverage. If the nature of your injury has been misrepresented in official records, including to OSHA, that could also be relevant to your claim and should be corrected with appropriate documentation from your medical providers.

Regarding your employer’s alleged failure to report the injury properly to OSHA and the sealing of employee witness statements, you may have grounds to raise these concerns directly with OSHA. If the machine was defective and known to cause injury, OSHA may initiate an investigation, and the results could provide supporting evidence for a third-party personal injury lawsuit against the machine’s manufacturer or distributor.

You mentioned that your personal injury lawyer is waiting on the OSHA investigation. That is not uncommon, since the findings may support a products liability claim if the machine was defective in design or manufacture. However, you should be aware that the statute of limitations for product liability and negligence claims in New York is generally three years from the date of injury. While waiting for an investigation can be strategic, it is important that your attorney monitor deadlines and gather independent evidence in the meantime.

Since your employer has refused to provide information about the machine’s manufacturer, your attorney may need to serve discovery requests or issue subpoenas once litigation is initiated. If necessary, a Freedom of Information Law (FOIL) request to OSHA may help obtain relevant inspection and injury records.

You should remain in close communication with your attorney about the timeline for filing a third-party claim. If you are not receiving the guidance or progress you need, you may wish to consult another New York personal injury attorney with experience in workplace injury and product liability cases.

This response is for general information only and does not constitute legal advice. For help with your specific case, speak directly with a qualified attorney.

A: You can begin by filing a formal OSHA complaint alleging your employer’s failure to report the amputations and machine defects, which should trigger a safety inspection and force disclosure of incident reports and maintenance records.

Alongside your workers’ compensation claim, you have the right to pursue a third-party tort action against the machine’s manufacturer or distributor for strict-liability and negligence in selling a defective food processor. To do that, use discovery tools in your personal-injury case—like interrogatories and document subpoenas—to compel your employer to produce the machine’s make, model, and service history.

If colleagues’ statements have been sealed, your lawyer can move the court to unseal those affidavits on relevance grounds and depose those witnesses under oath. You can also petition for expedited expungement of any retaliation and request a discovery order for all safety-audit reports showing recurring failures on the Robot Coupe machines.

By pressing OSHA enforcement, unsealing critical testimony, and opening discovery against both your employer and the equipment maker, you’ll build the strongest foundation for both your compensation benefits and any additional damages you seek in court.

A: You can begin by filing a formal OSHA complaint alleging your employer’s failure to report the amputations and machine defects, which should trigger a safety inspection and force disclosure of incident reports and maintenance records.

Alongside your workers’ compensation claim, you have the right to pursue a third-party tort action against the machine’s manufacturer or distributor for strict-liability and negligence in selling a defective food processor. To do that, use discovery tools in your personal-injury case—like interrogatories and document subpoenas—to compel your employer to produce the machine’s make, model, and service history.

If colleagues’ statements have been sealed, your lawyer can move the court to unseal those affidavits on relevance grounds and depose those witnesses under oath. You can also petition for expedited expungement of any retaliation and request a discovery order for all safety-audit reports showing recurring failures on the Robot Coupe machines.

By pressing OSHA enforcement, unsealing critical testimony, and opening discovery against both your employer and the equipment maker, you’ll build the strongest foundation for both your compensation benefits and any additional damages you seek in court.