Workers’ Compensation is there to cover work injuries, including forklift accidents. Whether the accident can be squarely blamed on your employer or not, they are required to cover work-related accidents through no-fault insurance.
To file this claim, you initially report your injury to your employer. They then interface with their insurance company and likely deny the claim. We can step in to file a Claim Petition and get you the benefits you need through Workers’ Comp, but we can also sue manufacturers of defective forklifts and other safety gear.
For a free case evaluation, call Cardamone Law’s forklift accident lawyers at (267) 651-7945 today.
Using Workers’ Comp for a Forklift Accident
Workers’ Compensation is a no-fault system where the employer compensates workers for injuries, whether they were at fault or not. This makes all work-related injuries their problem and requires payment, even when workers accidentally injure each other or themselves.
These claims require the following for you to file:
- The injury happened while you were working or because of work conditions
- You were working as an employee (not a contractor) when the accident happened
- The injuries caused you medical bills and over 7 days of disability.
Common Forklift Injuries
Forklift accidents typically fall into the category of crashes, dropped/falling cargo, or rollover/tipping accidents:
Crashes
Crashes can cause all sorts of injuries, especially if you are thrown from the vehicle. This can involve head injuries, broken bones, paralysis from spinal cord injuries, and more.
If you are run over, this can cause massive damage to internal organs and bones. Being hit by a forklift can even rarely cause impalement injuries if you are hit by the forks themselves.
Dropped/Falling Cargo
If the cargo falls from a forklift, it can cause the kinds of injuries you might expect: head injuries, broken bones, crush injuries, concussions, etc.
Even though a coworker might have been the one to cause these accidents, the employer’s Workers’ Comp can still pay.
Tipping/Rollover Accidents
Tipping and rollover accidents are some of the most dangerous because they often pin and trap people under the vehicle, whether that is the rider or someone else. This can cause amputations, broken bones, serious spinal cord injury/paralysis, and plenty of other traumatic injuries or death.
Getting Compensation
When you file a Workers’ Comp claim, you can get benefits for medical care costs, lost earnings, and specific loss (if your injury involves lost vision/hearing, lost function, amputation, or significant facial scarring). However, that does not cover everything.
The rest of your monetary damages, plus compensation for pain and suffering, cannot be paid through Workers’ Comp. You can, however, file a separate lawsuit if there is a relevant third party to sue. This is how we can get you compensation for things like forklift defects or dangerous designs, but we still cannot sue an employer or most coworkers for these kinds of accidents.
FAQs for Forklift Accidents and Injuries in Pittsburgh
What About Forklift Accidents Outside of Work?
If you rented a forklift or were otherwise injured by a worker while you were not working, talk to our forklift accident lawyers about how to file a claim against the negligent business or operator.
How Much Does Workers’ Comp Pay?
The answer always depends on what injuries you suffered, how much your care costs, and how it affects your ability to work. Wage-loss benefits often equal 2/3 of the difference in pre- and post-injury wages (or 2/3 of the pre-injury wage if you cannot work at all), subject to caps and floors.
All in all, you should review any settlement offers with your attorney before accepting any money.
How Long Do I Have to File a Claim?
For Workers’ Comp, you have 21 days to report your injuries to your employer, but you can still technically file a claim within 120 days of the injury. You have 3 years from the injury to file a Claim Petition with a Workers’ Comp Judge, which is the next step after your claim is denied.
To sue in court, you have 2 years.
What is the Difference Between a Lawsuit and Workers’ Comp?
The main difference is that Workers’ Comp only covers work injuries and does not require a showing of fault for coverage. However, the damages do not include pain and suffering and do not pay full damages for lost wages.
With a lawsuit, you can recover full damages, including pain and suffering, but you have to prove that someone else was at fault to win. You cannot sue your employer or yourself, but you can sue third parties.
Can You Sue and Use Workers’ Comp?
Both claims can be filed together. If there are overlapping damages, your employer may be able to get their money paid back from your lawsuit’s winnings, but our attorneys can advise you on how this might work in your case.
You can only sue outside third parties, not your employer.
Can Independent Contractors Get Workers’ Comp for Forklift Accidents?
Sometimes workers are hired as independent contractors instead of employees. These workers typically have no Workers’ Comp coverage and no “employer” to file a Work Comp claim with. However, they typically are still free to sue if they can prove fault.
How Long Until My Damages Are Paid?
We cannot predict how long any case will take, but we can say that simple cases often settle within a few months under Workers’ Comp. Very straightforward claims might even be accepted on your initial filing within 21 days of your notice of injury.
However, this is rare. More commonly, cases take somewhere between 6 and 8 months for Workers’ Comp and 1-2 years for lawsuits. Remember that every case is different, and these are just estimates.
Call Our Forklift Injury and Workers’ Comp Lawyers in Pittsburgh Today
For a free case evaluation with Cardamone Law’s forklift injury lawyers, call (267) 651-7945.
