When you get hurt in a forklift accident, it could be because of a coworker’s errors or because your employer failed to properly train and supervise them. Lawsuits are usually impossible in these cases – especially if you were the one to cause your own crash – but we can still help you recover damages.
Workers’ Compensation is a no-fault system that covers work accidents as long as they happened in the course of your work. This can pay for medical bills and around 2/3 of your lost wages. Then, if an outside third party was at fault, we can potentially sue for additional compensation.
Contact Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists for a free case review by calling (267) 651-7945.
How to File a Workers’ Compensation Claim for a Forklift Accident
Filing a Workers’ Comp claim requires taking these steps.
Get Medical Care
Get treated immediately for injuries. In the first 90 days, use approved care providers from your employer’s list of “panel doctors.”
File Notice of Injury
Notify your employer of the injury and the details of the accident within 21 days. If you fail to do this within 120 days, you cannot proceed with a claim.
Call a Lawyer
Work with a forklift injury lawyer right away; do not trust insurance carriers or your employer to have your best interests in mind. Do not try to negotiate or make deals on your own.
File Formal Claim
If your claim gets denied, you have 3 years from the date of injury to file a formal Claim Petition with the state.
Evidence Gathering
You need evidence – especially doctor’s reports – to prove your case. Your employer can have you attend an IME (independent medical exam) to get their own medical evidence, but they pay for that exam.
Hearings
The Workers’ Comp Judge (WCJ) on the case holds hearings to get status updates, take in evidence and arguments, and approve settlements.
Decisions
The WCJ decides the case based on the evidence obtained. If they think your injury was work-related and disabling, then you should win.
Settlements
Cases can also be settled. This can happen before a decision if the employer wants to stop fighting against the claim. This can also happen after a decision if you want a lump sum or structured settlement instead of receiving benefits on an ongoing basis.
Elements of a Workers’ Compensation Claim
A successful Workers’ Compensation claim requires proving these elements:
Employee Status
Workers’ Compensation only covers employees, not independent contractors. Independent contractors control their own work, location, and time of work, while employees have all of that controlled.
Talk to our forklift injury lawyers about your status if you have any doubts or your employer misclassified you.
Work-Related Accident
The accident must have occurred within the course and scope of your work duties for it to be covered. This potentially leaves out…
- Injuries during your commute into and out of work, potentially including your walk to the car.
- Injuries during horseplay.
- Injuries while performing personal tasks during work hours.
It also excludes injuries that
- You cause yourself on purpose
- You cause because of alcohol or drug use
- You cause through illegal activity.
“Illegal” usually means misdemeanors or felonies, not something like operating a forklift without proper certifications.
Disabling Injuries
The injury has to be disabling to get wage-loss benefits. This means that your ability to work is actually affected for over 7 days.
You can still get medical care covered for any work-related accident, even if it is not disabling, but you will not get ongoing wage-loss benefits.
Can You Sue for a Forklift Accident?
Whether you can sue for a forklift accident depends on a few factors:
Accidents at Work vs. Outside of Work
If you were hit by a forklift outside of work, there is no general restriction on suing. For example, if you were at a big box store and a worker ran you over with a forklift, you can sue them and the store.
If you were working when you were injured, you would have to follow the restrictions below.
No Lawsuits Against Employer
You cannot sue your employer for work-related injuries. This extends to your coworkers. Instead, you might only be able to file for Workers’ Comp.
You can sue for rare exceptions, such as when your employer injures you intentionally.
Third-Party Defendants Only
You can still sue third-party defendants. The example above of being hit by a forklift at a store would still allow you to sue if you were running work-related errands at that store, as long as you are suing the store and not your employer.
You can also sue for accidents at your workplace, as long as an outside third party was responsible. For example, it is possible to sue the forklift manufacturer for forklift defects that caused your crash or injury.
Elements Needed
In a lawsuit, you must prove…
- The defendant owed you a legal duty.
- They breached the duty.
- That breach caused your injuries.
- You suffered injuries and monetary damages.
What if You Were at Fault for Your Accident?
If you caused your own forklift accident, you cannot file a lawsuit. However, Workers’ Compensation claims are still available, so long as the injury was accidental.
What if You Bailed from a Forklift?
Operators should typically stay in the seat during a crash, where they are protected by the structure around the driver’s seat and cannot be caught under the vehicle. If you bailed by accident or panicked and left the vehicle, this may still be considered accidental.
Workers’ Comp claims are available even if you contributed to the accident by bailing or falling out of the seat.
What if You Were Not Forklift Certified?
Driving a forklift without a certification is not a crime, so doing so does not typically block you from getting Workers’ Comp. However, your employer might try to argue that operating a forklift was outside your job duties, and we will need to prove that it was indeed a work task.
What if You Were Not Driving the Forklift?
If someone else hit you with a forklift, then you may still qualify for Workers’ Comp, so long as the accident was work-related. If you were hit by an outside third party – i.e., not your employer or coworker – then you may be able to sue the operator.
Call Our Forklift Injury Attorneys in Haverford Today
Call (267) 651-7945 for a free case review with our forklift injury lawyers at Cardamone Law.
