Forklift accidents can be incredibly dangerous. These accidents are often the driver’s fault, but Workers’ Compensation can cover accidents even if you or your coworker was the one to cause your accident.
Our lawyers can file formal claims if your employer rejects your claim. We can also look into third-party liability for forklift manufacturers if they caused your crash because of defective machinery.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for a free case evaluation today.
How Do You Get Damages for a Forklift Accident at Work?
There are multiple claims you might be able to file after a work-related forklift injury, each with different deadlines and requirements.
Workers’ Compensation
Our forklift injury lawyers can typically file a Workers’ Comp claim for any on-the-job forklift accidents, as long as you meet the requirements. This has broad coverage and is meant to apply to most workers in Pennsylvania.
Filing Deadline
You must report your injury to your employer within 21 days to get the claim started, and you are barred from filing a claim if you wait more than 120 days.
After you are denied, you can file a formal claim with the government, which must be filed within 3 years of the accident.
Proof Required
To succeed in a Workers’ Comp claim, you need to show these three elements:
- You were an “employee” rather than an independent contractor. This is based on actual facts of employment, not what your boss calls you.
- Your injury was work-related, meaning it happened during work tasks or because of workplace conditions.
- Your injury was disabling for at least 7 days.
Lawsuits
You can also file lawsuits, instead of or in addition to Workers’ Comp claims. While Workers’ Comp is a no-fault system, lawsuits require fault.
You cannot typically sue your employer for a work-related injury, so you usually need an outside third party to sue.
Filing Deadline
Lawsuits must be filed within 2 years of injury in most cases.
Proof Required
You have to prove that the defendant was “negligent” to sue them. This usually means showing a breach of a legal duty they owed you, and that that breach caused the accident.
You cannot typically sue an employer, so any portion of the blame assigned to your employer or their subsidiaries (e.g., a coworker or supervisor) will not allow damages.
Common Causes of Forklift Accidents in Reading
Forklift accidents happen in many ways, but the following are most common
- Driver mistakes
- Driver intoxication
- Rollovers
- Uneven surfaces
- Bad weight distribution of the cargo, leading to falling or dropped cargo
- Insufficient counterweight setups.
Damages for Injured Forklift Accident Victims
There are many damages you might suffer, but only some of them are covered in Workers’ Comp. The rest need to go to a lawsuit for recovery.
Medical Bills
All medical bills should be paid through Workers’ Comp, but you may be able to recover them in a lawsuit as well.
This covers all reasonable treatment costs, including hospitalizations, surgeries, and physical therapy/rehab.
Lost Wages
Lost wages are paid at a portion of your normal wage through Workers’ Comp. Specifically, you get
- 2/3 of pre-injury wages while you cannot work at all
- 2/3 of the difference in pre- and post-injury wages if you can work to some extent.
Partial lost wages can never equal more than your pre-injury wage, and benefits while you cannot work at all have caps and floors.
If you file a lawsuit, you may be able to claim the rest of your lost wages.
Additional Damages
Workers’ Comp covers one additional area of damages, and lawsuits can cover even more:
- Specific loss benefits paid through Workers’ Comp cover 2/3 of your average weekly wage (with caps and floors) for a number of weeks based on the specific amputation injury.
- Pain and suffering damages paid through a lawsuit cover much more broadly any non-economic harms, such as mental anguish, emotional distress, lost ability, and more.
- Property damage can be claimed in a lawsuit as well.
FAQs for Forklift Accidents in Reading
Can You Get Workers’ Comp if You Bailed from a Forklift?
Many workers know the common wisdom that you should never bail from a forklift. Even if this is a hard and fast rule, failing to follow it does not necessarily hurt your claim.
Workers’ Compensation is a no-fault system, and it can pay even if you were the one to cause your own injuries by accident. If you did something to intentionally cause your injuries, then you can be blocked, but panicking and bailing from a forklift is not usually considered intentionally injuring yourself.
Can You Sue a Coworker for a Forklift Accident?
You cannot sue your employer for work-related injuries in most cases. This protection against lawsuits extends to your coworkers, who are agents of your employer if they caused the accident while working.
That being said, some “coworkers” are not employees of your same employer. If they are outside contractors or work for a different company, you may be able to sue them (and their employer) for an accident they caused.
For example, if a forklift operator was brought in for a one-off job or you were making a delivery and a customer hit you with a forklift while unloading your truck, that person might not be a “coworker” in the strictest sense, and you may be able to sue them.
Can You Get Damages if You Weren’t Forklift Certified?
Operating a forklift without proper certifications should not happen in most cases. However, the accident may still be an accident.
As long as you did not hurt yourself intentionally, your injuries should still be covered. Operating a forklift without certifications may get you fired, but it should not stop you from getting Workers’ Comp coverage.
Call Our Forklift Injury Lawyers in Reading Today
Call Cardamone Law for a free case review with our forklift accident attorneys at (267) 651-7945.
