Montgomery County Lawyer for Forklift Injuries at Work
Being hurt in a forklift accident can leave you with injuries that stop you from being able to return to work and require expensive medical payments. Fortunately, Workers’ Compensation should be able to cover your accident if it was work-related, but getting the benefits you need can be a challenge.
Our attorneys will fight to help you get the benefits you deserve through Workers’ Comp to cover medical bills, lost wages, and certain permanent injuries. We can analyze the accident and how it happened, then gather the necessary evidence to prove that this injury was work-related so that your employer and their insurance carrier will have a hard time denying your claim.
Call our Certified Philadelphia Workers’ Compensation Lawyers at Cardamone Law by dialing (267) 651-7945 for a free case evaluation.
Proving a Forklift Injury Was Work-Related for Workers’ Comp in Montco
One of the core requirements for a successful Workers’ Comp claim is that the injury was work-related. For an employer or Workers’ Comp Judge to accept that your forklift accident was work-related, they will need to see evidence that it happened as part of your work duties.
Generally speaking, forklifts are not the kinds of things that people own at home or use on their days off. If you were hurt by a forklift, it is probably going to have happened at work. If you actually drive a forklift for your job or you work in a warehouse or stock room where forklifts are used, it is not going to be difficult to show that the accident happened during work. The main focus will instead be showing that the injuries you are claiming did indeed come from that accident.
Given that forklift accidents are quite prevalent, insurance carriers might try to say that you are just claiming other, unrelated injuries were part of the forklift accident so that you can get them covered under Workers’ Comp. In many cases, this will be baseless, and such a bold accusation of fraud could ultimately end with the insurance carrier having to pay legal fees for your attorney.
In any case, our lawyers for forklift injuries at work like to take a belt-and-suspenders approach, shoring up evidence that shows your accident did indeed happen at work and that the injuries did indeed stem from that accident. That means collecting statements and depositions from witnesses as well as medical records and reports from the doctors who examined you to help prove these elements.
Common Ways that Forklift Accidents Happen at Work in Montgomery County, PA
Forklift injuries can happen in many different ways, with some of the following being the most common:
Rollovers and Falling Out of Cab
Many injuries to forklift drivers happen because the whole forklift rolled over, tilted to its side, or otherwise knocked you from your seat and out of the cab. In these cases, the driver often loses control because they hit a bump or ramp at a funny angle, causing the entire machine to tilt. In some cases, this is exacerbated or solely caused by unstable cargo or cargo being lifted too high, tipping the forklift.
If you fall out of the vehicle and are crushed under the forklift, you could face serious injuries, broken bones, soft tissue damage, back injuries, head injuries, and more. Even just falling from the driver’s seat and out of the cab can leave you with injuries during the fall, potentially even including bad head injuries, e.g., traumatic brain injuries.
In these cases, it might feel like you are at fault if you were not wearing a seat belt or you tried to avoid injury by bailing – landing you straight into injuries. In any case, Workers’ Comp still pays for injuries you accidentally caused yourself.
Crashes With Forklifts
Whether you were driving the forklift, walking on foot, or driving/riding in another vehicle, being injured in a crash involving a forklift can leave you with serious injuries. Forklifts often do not go very fast, but injuries to the driver can be severe, given the minimal safeguards and protective features of the vehicle. Other vehicles can be severely damaged in forklift crashes, given the strong metal parts of the forklift. Additionally, if you were hit on foot by a rogue forklift, you could face potentially very serious injuries, especially if you were ultimately run over.
Being Hit by Forks
If you were near a forklift when it suddenly turned and knocked into you with the forks – potentially forks loaded with cargo – you could have been knocked down and injured. If you get hit high up on your body, you could be knocked straight to the ground or even knocked out if the forks hit you in the head. If you were hit low on your legs, the machine might have tripped you.
If you are hit by the forks straight on, it is possible to be impaled by them. Even if the vehicle was not going fast and the forks were unable to actually pierce you, the force of being hit by the force of the crash concentrated on the pointed end of a fork can break bones and leave you with serious bruising and internal injuries.
Cargo Accidents
If cargo falls from a forklift, drivers and operators can be hit. While there are often enclosures that prevent the cargo from falling onto the operator, people around the forklift are often at risk if the driver was driving recklessly, holding the cargo too high in the air, or holding unstable cargo on the forks.
Is Workers’ Comp Right for Me After a Forklift Injury in Montgomery County?
In many cases, Workers’ Compensation will be your only remedy for your forklift accident. If you caused the accident yourself, then there would be no one to sue in any case. If your accident happened at work, but your employer was not at fault, then you would not have a case against your employer without Workers’ Comp. Additionally, you cannot sue your employer directly, so even if they were at fault, Workers’ Comp would still likely be the only way for you to recover compensation.
Call Our Workers’ Comp Lawyers for Forklift Accidents in Montgomery County Today
Call (267) 651-7945 for a free case review with the attorneys for forklift injuries at work at Cardamone Law today.