Many forklift accidents are the result of improper training, distractions, and user error. Even when someone is to blame for a crash directly, you may not be able to sue them if they were your employer, supervisor, or coworker.
Even so, Workers’ Compensation is often available to get you the damages you need paid. These claims cover medical bills and lost wages, even if you were the one to cause your own accident. Further lawsuits are also available in some cases to recover unpaid damages, like pain and suffering.
Dial (267) 651-7945 for a free case evaluation with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists.
Elements of a Workers’ Comp Claim
Workers’ Compensation claims are payable for any injury that happened within the course of your job duties. This means meeting these three requirements:
- You were an employee. Workers’ Comp does not cover independent contractors.
- You were injured within the scope of your job. Injuries after work or outside of what you are supposed to be doing are not covered.
- Your injury is disabling for at least 7 days. Workers’ Comp does pay medical benefits for non-disabling work injuries, but lost wages are only available if the injury disables you.
Elements of a Lawsuit
To file an injury lawsuit based on negligence, our forklift injury lawyers must typically prove these four elements:
- The defendant owed you some legal duty, such as those found in OSHA regulations.
- The defendant breached their duty.
- That breach caused the injury.
- You suffered injuries and other damages.
For work-related lawsuits, you also need to sue an outside third party, since you cannot sue your employer.
When is Workers’ Comp Used for Forklift Injuries?
Workers’ Comp is available for most work-related accidents if you were an employee.
At-Fault Party is Immune from Lawsuits
Workers’ Comp shines in cases where you cannot sue. For example, if you caused your own forklift crash, you cannot sue yourself. You also cannot sue your employer or coworkers.
Fault is not an element in Workers’ Comp, so those claims still work.
Third-Party Defendants
If you were injured by an outside party, you can still use Workers’ Comp. Your employer is required to pay these benefits because of your employer-employee relationship, and so it does not matter who caused the accident.
However, you can also sue an outside party that was at fault in these cases, potentially recovering some damages again. If that happens, you pay your employer/insurance carrier back for the amounts they paid you.
When Are Lawsuits Used for Forklift Injuries?
Lawsuits are used in any case where an outside party is at fault. This can potentially get you higher damages than what Work Comp would have paid.
Exceptions for Lawsuits Against an Employer
You can sue your employer in rare situations, such as when they injured you on purpose or when they failed to carry insurance.
Third-Party Defendants
Otherwise, lawsuits are only available against outside third parties. You cannot sue your employer for an accident at work (which includes not being able to sue your coworkers, in most cases).
Workers’ Comp Benefits for a Forklift Accident Case
In a Workers’ Comp claim, you can get these benefits covered:
Medical Bills
The cost of all treatment should be covered. You must use doctors your employer selects for the first 90 days. Even so, this typically covers costs for medical care, mental health care, medication, and more.
Wage-Loss Benefits – Cannot Work at All
If you cannot work at all while you recover, or if your disability is severe enough to keep you from work, then you get benefits equal to 2/3 of your pre-injury average weekly wage (AWW).
This is capped at the statewide AWW – an amount set by law every year. You also have a floor at the lesser of half the statewide AWW or 90% of your pre-injury AWW.
Wage-Loss Benefits – Can Work Some
If you can work to some extent, but you are making less than you did before the accident, then you can get 2/3 of the difference between your pre-injury AWW and your post-injury AWW.
This cannot exceed what you would have made if you were out of work entirely (e.g., you cannot get more than 2/3 of your pre-injury wage this way).
Total vs. Partial Disability
When you start receiving benefits because you cannot work at all, you are usually considered “totally disabled.” After 104 weeks of benefits at this status, your employer can have you attend impairment rating evaluations twice a year. These IREs have a doctor examine you and, if they find your “whole body impairment rating” is under 35%, you can be switched to “partial disability.”
With this status, you can only receive 500 weeks of benefits, max. You can switch between statuses as your condition improves or worsens again.
Your benefit rate is based on what you actually make, not your partial vs. total disability status.
Specific Loss
Specific loss benefits pay you for permanent injuries:
- Amputation
- Total lost function
- Loss of an eye/lost vision
- Lost hearing
- Significant facial scars/disfigurement.
Each injury has a specific duration of benefits listed in the statute as a number of weeks. The pay rate for these benefits is 2/3 of your pre-injury AWW, with a cap at the statewide AWW and a floor at half that amount.
How Long Do You Have to File Your Case?
Workers’ Comp claims for injuries need to be filed by notifying your employer of your injury before 21 days from the accident. When you go to file a Claim Petition after an initial denial, it must be filed within 3 years.
Lawsuits must be filed within 2 years.
Who Decides Workers’ Comp Claims?
Workers’ Compensation claims are initially decided by your employer. However, they file the claim with their insurance carrier, which means your employer cannot typically speak for the insurance carrier or accept a claim the carrier denied.
Because this is very one-sided, your initial claim may be denied. To remedy this, you can file a Claim Petition with the Workers’ Comp Office of Adjudication, which puts the case before a Workers’ Comp Judge (WCJ) to decide. WCJs are special judges that hear only Work Comp cases.
Call Our Lancaster Forklift Accident Lawyers
Contact our forklift injury lawyers at Cardamone Law for a free case review by calling (267) 651-7945.
