Revisiting the Intersection of Workers\u27 Compensation and Product Liability: An Assessment of a Proposed Federal Solution to an Old Problem

This article addresses a less publicized, but potentially far reaching provision of the Product Liability Legal Reform Act of 1996: the provision pertaining to the intersection of product liability and workers\u27 compensation. The prototypical case is one in which an employee is injured on the job and the injury is caused, at least in part, by a defective product. In many instances, the employer may also be at fault. This scenario potentially calls into play both the product liability and the workers\u27 compensation systems, raising certain relevant questions. Can the employee secure compensation benefits from the employer and tort damages from the product manufacturer? Should the employer be reimbursed for workers\u27 compensation payments from the tort recovery the employee receives from the product manufacturer? Can the product manufacturer obtain contribution from the negligent employer