Delaware County Lawyer for Forklift Injuries at Work
Forklift injuries can leave victims with broken bones, concussions, back injuries, soft tissue injuries, tears, sprains, and strains that can leave them unable to work for weeks, months, or years while they recover. Even after they go back to work, their earning capacity might be damaged, requiring benefits to make up the difference in lost wages.
For many, filing a Workers’ Comp claim is going to be the best way to recover compensation for medical expenses and lost earnings after a forklift injury. Our attorneys can help you file, analyze the case before you, and work to get you a settlement or benefits that best compensate your injuries and allow you to move forward after an injury.
For help with your potential case, contact our Certified Pennsylvania Workers’ Compensation Specialists from Cardamone Law by calling (267) 651-7945 today.
Common Workplaces for Forklift Injuries in Delco
Delaware County is home to almost 4.5% of Pennsylvanian residents, leading to a huge diversity of jobs and workplaces in the area. Our lawyers for forklift injuries at work commonly see forklift injuries in some of the following industries and workplaces, but you could be the victim of a serious forklift accident in any industry where you use or work around forklifts as part of your job:
Warehouses
Workers in warehouses commonly use forklifts to load and unload trucks and transfer items throughout a warehouse. Warehouse work can often be some of the most dangerous work when it comes to using a forklift, as you often have to move pallets through areas where people are walking or carrying boxes, and you have to use the forklift to its full height to load high shelves.
Many of the same issues discussed below in the shipping/transportation industry also apply, given that shipping often happens to or from a warehouse.
Stores
From grocery stores to department stores to big box stores, forklifts are used in many of the same ways that warehouse workers use them. The important thing to remember is that stores often have far more workers on foot, stocking shelves, cleaning the store, and moving products around by hand. Forklifts can easily run over other workers or knock into them, potentially causing serious concussions, back injuries, and other injuries.
Construction
On construction sites, forklifts are often used to move materials that are not quite flat and might not sit well on the forks. This can lead to things falling off and striking people on the ground or hitting the operator. Forklifts on construction sites also have to go onto uneven terrain, increasing the chances of a rollover or tipping accident, which can crush people underneath. Construction workers might also use larger forklifts that can lift bigger, heavier materials, leading to much more serious accidents when that larger cargo falls.
Shipping/Transportation
Forklifts are used to load and unload trucks, but they are also used on shipping containers and at other transportation centers to move some of the largest cargo that forklifts ever touch. As mentioned with construction materials, larger forklifts moving larger cargo can lead to much more serious injuries and accidents if that cargo falls on the driver or someone on the ground nearby. Shipping and transportation also requires moving a lot of product, often with quick deadlines. Because of this hurry, accidents are more likely. Additionally, when forklifts are outside in areas where other vehicles might be coming into loading zones, crashes can happen between big trucks and forklift operators, leading to injuries.
Farming
Farmers often rely on many types of machines, tractors, and other vehicles to transport implements, process harvests, and package and transport their products. Forklifts might be one piece of that, but they are sometimes used in situations where other vehicles might be better suited. This sometimes means that forklifts are not well suited to the environment, potentially increasing the risk of crashes, getting stuck in a ditch, or rolling/flipping accidents.
Filing Workers’ Compensation Claims for Forklift Accidents at Work in Delaware County
Whether you were injured operating a forklift or while working around/near a forklift, you might be entitled to a Workers’ Comp claim for your work-related injuries. When filing these claims, fault should not come into the case unless you are accused of causing the accident intentionally. Additionally, you cannot get compensation if you caused your own accident while drinking or on drugs or performing illegal activities. Otherwise, you could be entitled to benefits to cover lost earnings and medical care, along with other potential injuries.
Your case often starts by informing your employer of the injuries. From there, they are supposed to file a claim with their insurance carrier, who will often reject the case. In some cases, they might simply fail to reply at all, which can potentially lead to punitive damages against them for failing to work with the system as required by law.
Once your employer or their insurance carrier rejects your claim, it will be up to our lawyers to file a petition with a Workers’ Comp Judge. They will then determine whether the injury was work-related and whether your injuries prevent you from working. If you are able to work with some restrictions or light duties, you can often get wage-loss benefits equal to 2/3 of the difference between what you made before the accident and what you make now. If your injury is totally disabling, you can get 2/3 of your wages from before the accident.
If you suffered a permanent injury like amputation, lost function, lost hearing, lost eyesight, or serious scars on your face, you can get additional “specific loss” payments. These are set by the specific injury you faced and are paid as a number of weeks’ worth of benefits equal to 2/3 your typical wage.
In some cases, we can settle the claim, getting you all of your benefits at once (or paid as an annuity) in a compromise and release agreement. Alternatively, ongoing benefits might be paid, and they can shift back and forth between partial and total benefits as your condition improves and potentially gets worse again.
Call Our Workers’ Comp Forklift Accident Lawyers in Delaware County, PA Today
For a free review of your potential injury case, call (267) 651-7945 for a free case review with Cardamone Law’s lawyers for forklift injuries at work.