Forklift accidents can cause serious injuries that leave you unable to go back to work, potentially for a long time. Whether you faced crush injuries, a concussion, a broken bone, or even amputation from a serious rollover, we can help.
Our lawyers file injury claims through Workers’ Comp and the courts to get our clients the damages they need. From medical bills to lost wages to pain and suffering, we can help you recover what you deserve for your injuries.
Call Cardamone Law’s Certified Workers’ Compensation Specialists at (267) 651-7945 today for a free case review.
Common Causes of Forklift Accidents
Forklift injuries can happen for a number of reasons, including these:
- Driver inattention
- Poor driver training
- Mechanical issues
- Defects with the forklift
- Defects with the cargo
- Improper setup or unbalanced cargo
- Driver error
- Dangerous flooring or premises
- Inattention by people around the forklift
- Rollovers
- Bailing during an accident
Can You Sue for a Forklift Accident
You can often sue the at-fault party for a forklift accident, but how and when the accident happens may affect this.
Outside of Work
If you were hurt by someone else driving a forklift while you were not working, then you can likely sue for the accident just like you would with a pedestrian car accident. This is most likely to happen in a store or when walking through/near a construction site.
Often, the forklift operator will be working, meaning you can typically sue their employer (e.g., a store or construction firm).
While Working
If you were working while a forklift accident happened, then your ability to sue depends on a few factors:
- You cannot sue your employer for injuries sustained in the course of your job.
- You cannot sue if you were totally at fault. You may have to rely on Workers’ Comp in this case.
- If you were injured by a third party – such as if you were hurt by a customer unloading your delivery – then you may be able to sue them.
What Happens if You Are at Fault for a Forklift Accident
If you were at fault, then you cannot sue yourself for an accident. If you were only partially at fault, you may still be able to sue another at-fault party (not your employer) for their share of the blame, but only if you shared 50% fault at the maximum.
You can still file Workers’ Comp if you qualify, even if you caused the accident. However, you cannot get Workers’ Comp for an injury you caused intentionally, through drug use, through alcohol use, or through illegal activity.
Who Can You Sue for a Forklift Accident at Work?
Forklift accident claims can be brought against any outside third party. This could include any of these examples:
- A delivery driver dropping off cargo
- If you were a delivery driver, a delivery customer accepting cargo
- An outside contractor
- A forklift operator at a store or warehouse you were purchasing something from
- A forklift manufacturer.
What Damages Can You Claim?
Every case is different, and you can only claim damages that actually happened to you. That being said, between a Workers’ Comp claim and a lawsuit, our forklift accident lawyers can help you seek any of these damages, if relevant:
- Medical expenses
- Ongoing rehabilitation costs
- Job retraining costs
- Lost wages during recovery
- Lost wages going forward
- Damages for amputation or other permanent injuries
- Pain and suffering
- Emotional distress
- Property damage
- Other economic costs stemming from the accident
- And more.
How Long Do You Have to File for Workers’ Comp?
Workers’ Comp claims start with notice to your employer. This is due within 21 days of the accident, and you are blocked from proceeding if it is not in by 120 days at the latest.
From there, if your claim is denied, you must file your Claim Petition for a formal claim within 3 years of the accident.
How Long Do You Have to File a Lawsuit?
You have up to 2 years from the date of the accident to sue for injuries.
Can You File for Workers’ Compensation and Sue in the Same Forklift Accident Case?
In many cases, yes. This happens, in part, because the reasons for each claim are different. Your employer pays Workers’ Comp because of a work-related injury, not because of fault. A lawsuit is paid because of fault.
Allowing you to file for Workers’ Comp then sue the at-fault party means holding the proper party responsible, and you and your employer can both get paid back from that lawsuit. If you recover for anything twice, your employer gets that money back, and you keep the rest.
What is the Deadline for a Workers’ Comp Claim?
Workers’ Comp starts with reporting your injury to your employer. You have to do this within 21 days (120 at the latest). If your employer’s Workers’ Comp carrier denies your claim, you file a Claim Petition with the state. That must be filed within 3 years of the injury.
What is the Statute of Limitations on Forklift Injury Lawsuits?
Forklift injury lawsuits have a 2-year statute of limitations.
Which Case Do You File First?
Often, the Workers’ Comp claim is filed first. This can administer and pay for medical treatment as the case goes on, and provide you with a portion of lost wages, all without proving fault first.
This can help keep you cared for while you continue your claim and file a lawsuit. Then, at the end, we can recover the additional damages to take care of you until your recovery is complete.
Do You Need a Lawyer
Absolutely. You can file a Workers’ Comp claim without a lawyer, but you should never do so. There are stages of the case where you may be completely stalled if you cannot afford evidence collection and doctors’ reports, which we are financially leveraged to obtain for you.
Lawsuits are nearly impossible without a lawyer, as well.
Call Our Forklift Accident Lawyers in Abington
Call (267) 651-7945 to get started on your case with a free case review with our forklift injury lawyers.
