Forklift Accident at Work: What Your Options Are
Forklifts are an important piece of equipment on any construction site, in warehouses, and other industrial workplaces because they make lifting heavy things, transporting materials, and cleaning up sites easier. But a forklift accident can change your life in an instant. If you’ve been injured in a forklift accident, it’s important to understand your rights and the steps you need to take to pursue any compensation you’re entitled to.
What Are the Most Common Forklift Accidents?
1. Unsafe Work Environment
An unsafe work environment can cause serious hazards for forklift operators. Here are the common causes of forklift accidents:
- Inadequate lighting in work areas makes it hard to see hazards, read signage, or notice pedestrians in the forklift’s path.
- Operating forklifts on ramps, wet surfaces, or rough terrain can destabilize it, increasing the risk of it tipping over as well as improperly secured or stacked loads.
- Potholes, debris, and worn or cracks in floors can throw off a forklift’s balance and handling. Even slight inclines can pose serious risks when forklifts are carrying heavy or high loads.
- If employers prioritize speed over safety so you’re rushing to meet deadlines or productivity targets, this can increase the likelihood of careless mistakes and serious accidents.
2. Lack of Proper Training and Certification
When forklift operators aren’t properly trained or don’t fully understand the machine’s capabilities, limitations, inspection procedures, and how to operate it safely at work, the risk of something serious, even fatal is high. Only trained, skilled, and certified Occupational Safety and Health Administration (OSHA) operators are permitted to operate a forklift, so if an employee isn’t trained or certified, this is a safety violation.
3. Mechanical Failures
Forklifts require regular maintenance, so that they continue to operate safely. When employers neglect maintenance schedules, mechanical failures like faulty brakes, hydraulic lift issues, broken warning lights or alarms, and steering problems can happen, which creates a hazardous work environment. Even the most experienced operator can lose control of a forklift if a mechanical failure occurs.
4. Forklift-Pedestrian Accidents
“Over 20 percent of [forklift-pedestrian accidents] involve employees or pedestrians being hit by forklifts, making it the number two cause of forklift-related accidents and injuries.” These accidents can range from minor injuries to severe trauma, or even fatalities. Preventing these accidents requires employers to maintain strict safety protocols by marketing pedestrian zones, posting speed limits, warning alarms, and convex mirrors that eliminate blind spots.
5. Emission Exposure
Exposure to emissions while operating a forklift occurs when workers inhale harmful engine gases, such as carbon monoxide. Forklift operators and nearby workers can inhale these fumes causing headaches, dizziness, nausea, fatigue, and in severe cases, loss of consciousness or even death.
Steps to Take After a Forklift Accident
Seek Medical Attention Immediately
Even if you feel okay, get a medical evaluation immediately. Some serious injuries may not show symptoms right away, and adrenaline can mask any pain. Getting checked out by a medical professional will also give you an official medical record that documents any injuries associated with the accident for a future case.
Some of the most forklift injuries include:
- Severe trauma to the chest, abdomen, or pelvis.
- Concussions, skull fractures, or permanent brain damage.
- Spinal cord injuries.
- Amputations.
- Bone fractures.
- Internal organ damage.
- Fatal injuries.
Report the Accident to Your Employer
Notify your supervisor or manager about the accident as soon as possible so that it’s documented properly. Many states have strict deadlines for reporting workplace injuries, so failing to report the incident in a timely manner could jeopardize your ability to file a claim. When you report the accident, stick to the facts of what happened. Don’t admit fault or guess what could have been the cause. Make sure to get a copy of the written report for your records.
Document the Incident
Evidence will be key essential for any future workplace accident claim. If you’re physically able to, take pictures and videos with your phone of the forklift, your injuries, the location of the incident, and any contributing factors like faulty equipment, obstacles, or poor lighting. Be sure to get the names and contact information of any witnesses who saw what happened because their accounts of what happened could help your claim.
Understanding Your Compensation Options
After a forklift accident, you may be entitled to compensation to cover your medical bills, lost wages, and other damages.
Workers’ Compensation Claims
Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured on the job. Benefits typically include:
- Coverage for all reasonable and necessary medical treatment.
- Partial wage replacement for the time you are unable to work.
- Benefits for any permanent disability resulting from the injury.
To receive these benefits, you must file a workers’ compensation claim according to your state’s specific requirements.
Personal Injury Lawsuit
Workers’ compensation claims usually don’t cover pain and suffering, or the full amount of lost wages. This is why working with our experienced workers’ compensation attorneys at Postman Law helps ensure you receive the compensation you deserve.
Third-Party Claims
Sometimes a person or company known as a “third party,” is responsible for the accident. In these situations, you may be able to file a third party liability lawsuit in addition to your workers’ compensation claim. Examples of negligent third parties include:
- The manufacturer of a defective forklift or part.
- An outside maintenance company that improperly serviced the machine.
- A driver from another company who caused the accident on your worksite.
Talk With a Workers’ Compensation Attorney For Free
If you or someone you love has been injured in a forklift accident, contact Postman Law today for a free consultation by calling us at 844-POSTMAN or filling out our online form. We have offices in Chicago, Cincinnati, Denver, and Minneapolis, but work with clients nationwide to help you secure the compensation you deserve.
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