Forklifts are usually quite safe, but problems can happen. Tipping, rollover, driver negligence, and more can all lead to serious injuries that might leave you unable to work for a long time.
When you get hurt in the course of your work duties, we can help you file Workers’ Compensation claims. This is a complex process that many people do not fully understand, even the employers that are supposed to pay benefits. We fight hard to get our clients the damages they deserve, and to file lawsuits when needed for additional damages.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for your free case evaluation.
The Process of Filing a Workers’ Comp Claim for a Forklift Accident in Harrisburg
Always work with a forklift injury lawyer to take the following steps to file a Workers’ Comp claim properly:
Get Medical Care
You need immediate medical care after a serious accident to document the injury and show it was related to the accident.
Report Injuries
Injured workers must report accidents within 21 days to start their claim. You give your employer or their third-party administrator notice of the injury, and they file a claim with the Workers’ Comp insurance carrier.
If you miss the 21-day deadline, you may still be able to get your claim in within 120 days, but talk to a lawyer.
Await Decision
If your claim is accepted and paid in full, you have nothing further to do right now but focus on treatment and recovery. If they deny you, work with a lawyer right away.
File Formal Claim
You can file a formal claim after a denial. This means filing a Claim Petition with the state within 3 years of the original accident.
Collect Evidence
To progress your claim from there, you have to collect evidence, such as doctors’ reports saying the injury was work-related and disabling, and depositions from witnesses about what happened in the accident.
Attend IME
Your employer is allowed to have you undergo doctor’s exams for a report of their own. This independent medical exam (IME) is for your employer’s benefit, but you must attend.
Attend Hearings
There is no trial. Instead, Workers’ Comp Judges hold hearings to decide the case.
Decision
If the judge decides in your favor, the employer has to pay benefits.
Settlement
At any point before the decision, we can alternatively reach an agreement to settle with your employer. Once benefits are granted, a settlement can also be used to cash out the claim instead of administering it on an ongoing basis.
Can You Sue for Forklift Accidents at Work?
Lawsuits are generally allowed for an injury, but the work context creates some limits and potential issues.
Employee vs. Independent Contractor
An employee usually cannot sue their employer for a work-related accident. This means that if you are a traditional “employee,” then you are blocked from suing your boss. You can still sue other outside parties.
Independent contractors are considered self-employed and have no “employer.” This means they can still sue but cannot get Workers’ Comp. Often, contractors are misclassified and should be entitled to benefits (and blocked from lawsuits), so talk to a forklift accident lawyer about whether your status was correct.
Fault Issues
Accidents at work might be your own fault, meaning you cannot sue. You can still file for Workers’ Comp as long as you did not injure yourself on purpose or because of drug use, alcohol use, or crime.
Since you cannot sue your employer, you need to sue an outside third party, such as a manufacturer, supplier, etc. You typically cannot sue coworkers, either, since they are an extension of your employer.
Common Causes of Forklift Accidents
These are not the only causes of forklift accidents, but they are some of the more common causes:
Driver Training/Certification Issues
If the coworker operating the forklift was not properly trained or certified to use a forklift, they are more likely to injure people. This could mean they do not know what to do when there are problems or emergencies, and they might make things much worse than someone who has proper training or experience.
Rollover
One of the most common causes of serious injury in a forklift is rolling over. If the driver stays in the seat and avoids the worst injuries, the forklift might injure nearby workers that it falls on top of.
Bailing During Accidents
Forklift operators are typically supposed to stay strapped in during a crash or rollover. However, it is often instinct to try to jump out.
This is often the worst move you can make, since it put you in a place where you could be crushed or trapped under the vehicle, leading to serious injuries.
Inattention
Drivers failing to look where they are going while turning or backing up often hit other workers or dangerous obstacles.
Imbalanced Cargo
Imbalanced cargo and improper forklift setups can easily lead to tipping and dropping cargo.
Horseplay
If you search for “forklifts” online, one of the most common things you will see is videos of people performing tricks or unsafe tasks with forklifts. Unfortunately, horseplay injuries are quite common, and it might be more difficult to get compensation if they are deemed to come from intentional acts or acts outside the scope of your work.
How Long Do You Have to File a Forklift Injury Case?
The statute of limitations for personal injuries in Pennsylvania is 2 years in most cases.
Workers’ Comp claims have to be filed much sooner. Notice to your employer must be given within 21 days (120 at the latest). After denial, Claim Petitions can be filed within 3 years of the accident.
Do Forklift Accidents Qualify for Workers’ Comp?
Generally, if your injury was an accident, and it happened within the scope of your employment, then you can file a Workers’ Comp claim. Forklift accidents usually fall into this category, since people rarely operate forklifts outside of work.
Can You Get Workers’ Comp for a Forklift Accident if You Weren’t Forklift Certified?
Fault is not an element in a Workers’ Compensation claim, and you can file for any accidental injury. The fact that you caused the accident or that you were not properly certified for the work task should not be a factor in the case.
Can You Sue a Forklift Manufacturer for Accidents?
Sometimes. If you were injured because of a problem with the forklift, such as an internal mechanical issue or another defect, then you might have a case against the manufacturer.
Call Our Forklift Injury Lawyers in Harrisburg to Get Started
Call (267) 651-7945 to get started on your case with help from Cardamone Law’s forklift injury lawyers.
