Forklift Accidents Lawyer

Forklifts are heavy and potentially dangerous vehicles that can cause catastrophic injuries and deaths. According to the National Safety Council (NSC), forklifts caused 7,290 nonfatal injuries and 78 work-related fatalities in 2020.

Morgan & Morgan see the devastating consequences of construction and workplace accidents every day. We know that a severe injury can turn your life upside down in one split second, negatively impacting your career, family life, and finances. However, if someone else caused your accident carelessly, you could be entitled to compensation in addition to workers’ compensation payments. You could qualify for awards for pain and suffering, loss of life enjoyment, and others.  

Receiving fair compensation can be challenging after a work accident. However, Morgan & Morgan has your back. If you or a family member were involved in a forklift accident, our forklift accident lawyers want to hear from you. Get help now by contacting us for a free case evaluation.

The Dangers of Working With Forklifts

Forklifts are much heavier than cars and have frontal brakes only, making them hard to stop. They are also weighed down in the back to ensure stability when carrying heavy loads. However, due to the uneven weight distribution, forklifts with and without loads can be challenging to handle. Moreover, when carrying bulky loads in the front, the driver’s view may be partially obstructed, making it harder to see people, objects, and other traffic.

Common Types of Accidents With Forklifts

Accidents with forklifts can impact drivers, coworkers, and innocent bystanders. Some common types of accidents with forklifts include:

Forklift Rollover

Forklift rollovers occur when the vehicle turns over onto its side or roof. Since forklifts are heavy vehicles, an overturn can cause devastating injuries for those pinned or crushed under a toppled forklift. Reasons for a rollover include:

• Carrying an unbalanced load
• Turning too fast
• Driving or turning on an uneven surface

Rollovers can be particularly dangerous for the driver, who may be thrown off the forklift or trapped underneath the vehicle.

Coworker and Pedestrian Collisions

Accidents with forklifts can cause workers and pedestrians to get struck or crushed by a heavy forklift, potentially causing severe injuries or fatalities. Collisions with workers and pedestrians can occur due to

• Lack of operator experience or training
• Driving a forklift distracted
• Driving too fast for road conditions
• Violating traffic laws
• Ignoring traffic signs and signals
• Forklift defects
• Moving the forklift with forks raised

Other Forklift Accidents

Forklift accidents and injuries can happen in a variety of circumstances, including but not limited to:

• Forklifts falling to a different level on a construction site
• Loads falling off the forklift
• A driver getting thrown off the vehicle
• Mechanical faults
• Overloading the forklift
• Failure to observe safety regulations
• Objects falling on top of the forklift

Any accidents with forklifts could injure the driver, other workers nearby, or passing pedestrians. If you or a loved one is affected, legal representation from a forklift accident lawyer could help you receive the compensation you need to pay your medical bills and other accident-related expenses.

Injuries in Forklift Accidents

Depending on the type and severity of forklift accidents, injuries can range from minor to severe and life-threatening. Commonly seen injuries in forklift accidents include:

• Broken and crushed bones
• Traumatic brain injuries
• Internal organ damage and internal bleeding
• Amputated limbs
• Back injuries
• Spinal cord injuries and paralysis
• Emotional trauma

Forklift accident injuries can result in astronomical medical expenses and other losses, such as lost wages and out-of-pocket costs. The financial obligations can stack up if you cannot work due to a forklift injury. However, as an injured worker, you generally qualify for workers’ compensation which can pay for your medical bills and some of your wage losses.

Workers’ Compensation for Forklift Accident Victims

A regular employee is generally entitled to receive workers’ compensation benefits if injured in a workplace forklift accident. While payouts can vary from one state to another, most workers can receive the following benefits:

Payments to Replace Lost Wages

Workers’ comp typically provides injured employees with wage replacement benefits which, in most states, amount to about two-thirds of a worker’s weekly wage. Benefits are payable for a temporary or permanent disability due to a work accident and are generally paid until a worker returns to their job.

Workers experiencing a permanent disability or disfigurement in a forklift accident may be entitled to a lump sum settlement from their state’s workers’ comp program.

Healthcare Expenses

Workers’ comp medical benefits should pay for all necessary medical expenses to treat your forklift accident-related injuries, such as hospital stays, surgeries, medical devices, and others. Medical benefits are normally available until a worker recovers fully. However, if a worker is permanently injured, workers’ comp may pay for medical expenses due to a work-related injury for the rest of the individual’s life.

Death Benefits

If your loved one died in a forklift accident at work, you could be entitled to survivor’s benefits. Depending on your state, death benefits can include the following:

• Burial and funeral costs
• Weekly cash payments for the spouse and dependents
• A lump sum settlement

Receiving what you need to move forward with your life after suffering a work injury should be straightforward. However, around a quarter of workers’ compensation claims are denied, requiring workers to file appeals and fight hard for the benefits they need and deserve. Morgan & Morgan’s forklift accident lawyers could help you with a complex or denied workers’ compensation claim.

You Could Have a Legal Forklift Accident Claim

While most workers qualify for workers’ compensation after an accident, you could have a legal claim against the third party that caused your accident. In some cases, such as an employer being uninsured or causing your accident recklessly, you could sue an employer for damages. You may have a legal claim if your injury was caused by:

• An insufficiently trained or unqualified forklift driver
• A defective forklift
• Another contractor’s carelessness
• A property owner’s failure to make the worksite safe

Compensation You Could Receive

Forklift accidents are generally avoidable, provided employers and other responsible parties take the proper steps to protect workers. Therefore, when an employer or another party fails to keep workers safe, they may be liable for your damages.  

Workers’ compensation typically pays for your medical bills and two-thirds of your average weekly wage up to a maximum amount. However, a legal claim could allow you to seek the following awards and more:

• All income losses due to the accident, including future loss of wages
• Medical costs and future healthcare expenses
• Physical pain and anguish
• Emotional trauma
• Disability
• Reduced life enjoyment

Gathering the evidence necessary to prove third-party or employer responsibility can be challenging. Seeking legal help from a workplace injury lawyer could significantly increase your chances of recovering a fair settlement. Our forklift accident lawyers can investigate your accident, determine who is responsible, and move forward with a lawsuit on your behalf.