Can I Sue the Robot Manufacturer If I Was Injured at Work?
When a robot injures you at work, your employer will likely direct you toward workers’ compensation. But many injured workers do not realize that workers’ comp may only be the starting point, not the full picture of their legal rights.
If the robot that hurt you was defective or lacked adequate safety features, you may be able to sue the manufacturer directly, even while collecting workers’ comp benefits. This third-party claim can open the door to compensation that workers’ comp does not provide, including full lost wages, pain and suffering, and punitive damages.
Why Workers’ Compensation Is Not Enough
Workers’ compensation is a no-fault system. You do not need to prove your employer was negligent to receive benefits, but in exchange, the system limits what you can recover. Workers’ comp typically covers medical treatment, a portion of lost wages (usually around two-thirds), permanent disability benefits, and vocational rehabilitation.
What workers’ comp does not cover is often where the most significant losses lie: pain and suffering, emotional distress, loss of enjoyment of life, and full lost income. For a worker with a serious injury like an amputation or spinal injury, those excluded damages can represent the majority of the injury’s true cost.
For a deeper comparison of these two legal paths, see our guide on workers’ compensation vs. filing a lawsuit.
The Third-Party Claim: Suing the Robot Manufacturer
Workers’ compensation laws in nearly every state prevent you from suing your own employer for a workplace injury, known as the exclusive remedy doctrine. However, that protection does not extend to third parties.
If the robot that injured you was made by a company other than your employer, that manufacturer is a third party. You can file a product liability lawsuit against the manufacturer while receiving workers’ comp benefits. These are separate legal tracks, and pursuing both is often advisable.
Who Qualifies as a Third Party?
In a typical workplace robot injury, several third parties may bear responsibility:
The robot manufacturer. Companies that design and build industrial robots, collaborative robots, and warehouse automation systems can be held liable if their product was defective.
Component and parts suppliers. If a defective sensor, motor, controller, or safety device contributed to your injury, the company that manufactured that component may be liable.
Software developers. A software defect that caused the robot to move unpredictably or fail to stop when it should have can be the basis of a claim against the developer.
System integrators. Companies that install, configure, and program robots for specific work environments may share liability if they failed to implement proper safeguards or set incorrect parameters.
Maintenance and service providers. If an outside contractor was responsible for maintaining the robot and failed to identify a dangerous condition, that contractor could be a defendant.
For more information about the types of injuries industrial robots cause, visit our page on industrial robot injuries.
Product Liability: The Legal Framework
When you sue a robot manufacturer, your claim falls under product liability law. There are three primary theories under which a manufacturer can be held liable.
Design Defect
A design defect claim argues that the robot was inherently dangerous because of how it was designed, even if the specific unit was built to specification. Examples include a robot lacking adequate force-limiting capabilities near humans, a safety system that does not reliably detect workers, or an emergency stop mechanism that is poorly positioned.
Manufacturing Defect
A manufacturing defect claim argues that the specific robot or component deviated from the manufacturer’s intended design. A faulty weld, a defective circuit board, or an improperly calibrated sensor could all constitute manufacturing defects.
Failure to Warn
The manufacturer may be liable if it failed to provide adequate warnings about known hazards. If the manufacturer knew the robot posed specific risks under certain conditions and did not communicate those risks, a failure-to-warn claim may apply.
How Both Claims Run Simultaneously
Filing a workers’ comp claim and filing a third-party lawsuit are two parallel processes that do not conflict. Here is how they typically work together:
Workers’ comp provides immediate support. Once you file a claim, workers’ comp begins covering medical treatment and partial wage replacement relatively quickly.
The third-party lawsuit pursues full compensation. Your attorney investigates the robot, identifies defects, and files suit against the manufacturer. This process takes longer but can result in significantly greater compensation.
The workers’ comp lien. If you receive a settlement in the third-party lawsuit, your employer’s workers’ comp insurer is typically entitled to reimbursement for benefits already paid. An experienced attorney will negotiate this lien to maximize the net amount you receive.
Greater total compensation. The third-party lawsuit provides access to damages like pain and suffering and punitive damages that are not available through workers’ comp. The result is usually a significantly larger total recovery.
Warehouse Robot Injuries: A Growing Category
The rise of warehouse automation has created a rapidly growing category of workplace robot injuries. Workers in fulfillment centers and distribution hubs increasingly work alongside autonomous mobile robots, robotic arms, and automated guided vehicles. When these systems malfunction, workers can suffer crushing injuries, collisions, and falls. The same third-party liability principles apply, and Amazon warehouse injury settlement amounts provide useful context for what these cases have been worth. Learn more on our warehouse robot injuries page.
Common Obstacles and How to Overcome Them
Employer Pressure
Some employers discourage workers from pursuing claims beyond workers’ comp. Your right to file a third-party lawsuit is entirely separate from your employment relationship, and your employer cannot legally retaliate against you for exercising that right.
Evidence Preservation
Critical evidence can disappear quickly. The robot may be repaired or reprogrammed before the malfunction is documented, and surveillance footage may be deleted on a rolling schedule. If your employer has a history of OSHA warehouse robot safety violations, that record can serve as powerful supporting evidence for your claim. An attorney can issue legal preservation demands to ensure that the robot, its data logs, and maintenance records are retained.
Statutes of Limitations
Both workers’ comp claims and product liability lawsuits have filing deadlines that vary by state. Missing these deadlines can permanently bar your claim.
What Should You Do Next?
If you were injured by a robot at work, here are the steps that will best protect your rights and maximize your recovery:
Report your injury and file for workers’ comp. Do this immediately to secure medical benefits and wage replacement.
Do not assume workers’ comp is all you can get. A third-party claim against the manufacturer could be worth significantly more.
Document everything. Photograph the robot and the scene, write down what happened while it is fresh, and keep records of all medical treatment and expenses.
Consult an attorney who handles robot injury and product liability cases. These cases require technical knowledge about robotics and workplace safety regulations.
Get a free case review to speak with an attorney who can evaluate your workplace robot injury and help you pursue the full compensation you deserve. There is no cost and no obligation.
This article is for informational purposes only and does not constitute legal advice. Injured By Robots LLC is not a law firm. Laws vary by state and may have changed since publication. Consult a licensed attorney in your state for advice about your specific situation.