How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118797
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

If a companys maintanence worker is asked to modify an automated

This answer was rated:

If a company's maintanence worker is asked to modify an automated machine such as installing a NON factory, NON OSHA safety device and the device fails, can the person, persons who modified the equipment be held liable should the injured person suit for damages? It is my understanding that in the state of PA, a person can not suit their company but can suit a third party. I do not expect that my company would stand behind me should anything happen.

Please advise.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If your company's employee repaired the machine and someone was injured by the machine failing, then this is a workers compensation claim under PA law. The only way you can sue outside of workers compensation would be if you can prove that the employee committed an "intentional tort". When your employer has a machine fixed by an employee, the employee is an agent for whom the employer is liable and as such any injury that happens to another employee as a result would be workers compensation and not a personal suit against the person who fixed the machine.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

What if the company claims they never autherized me to do the work?

Should I demand a written work order before I proceed?

Thank you for your response.

If you were doing the work as part of your job duties or on instructions from a supervisor, even if not in writing, you still are not liable. In fact, to hold you personally liable, as I said above, they have to prove you intentionally made the machine malfunction to hurt someone and they could never prove that in court.
Law Educator, Esq. and 6 other Employment Law Specialists are ready to help you