Forklift Accident Lawyer

Forklift accidents can cause devastating injuries, from broken bones and crushing injuries to traumatic brain injuries. At Munley Law, we understand the complex factors involved when these accidents occur at construction sites and industrial facilities. Whether you were injured as an operator or bystander, multiple parties may be responsible, from equipment operators and site managers to contractors and manufacturers.

Our experienced team of forklift accident attorneys will investigate every aspect of your case, from equipment maintenance and operator training records to potential OSHA violations. Through thorough investigation, we identify all responsible parties and hold them accountable for their role in causing your injuries. With Munley Law on your side, you don’t have to face this challenging time alone.

Contact us today for a free consultation about your forklift accident case.

Proven Results in Forklift Accident Cases

When you choose Munley Law, you’re choosing a firm with a proven track record of success in forklift accident cases. Our notable victories include:

• $12 Million Verdict: Secured for a forklift accident victim who suffered a traumatic leg amputation
• 65+ years representing injured workers
• Board-certified trial attorneys with extensive OSHA regulations knowledge
• Named among Best Lawyers in America
• Record-setting verdicts and settlements in construction accident cases

These results demonstrate our commitment to securing maximum compensation for forklift accident victims. While past results don’t guarantee future outcomes, they show our dedication to fighting for every client’s rights.

Common Types of Forklift Accidents

Forklift accidents can take several forms. The following are among the more common:

• Tip-overs: A forklift tip-over can endanger both a forklift operator and anyone nearby. Speeding, improper loading, improper maintenance, and turning too quickly are all potential causes of this type of forklift accident.
• Pedestrian strikes: Again, forklift operators aren’t the only ones at risk of being injured when forklift accidents occur. For example, a pedestrian could sustain a forklift injury if a negligent forklift operator strikes them.
• Loading/unloading accidents: It’s extremely important for all involved in loading and unloading a forklift to do so carefully and properly. Overloading a forklift or not exercising care when loading or unloading one can result in serious forklift accident injuries.
• Falling load injuries: Even if a forklift appears to have been loaded with cargo successfully, it’s possible a load isn’t as secure as it looks. Falling loads can cause serious injuries to those standing near a forklift.
• Mechanical failure incidents: Forklift accidents can occur due to mechanical failures that may result from improper maintenance, design defects, or manufacturing defects.

These are just examples. If you were involved in any type of forklift accident, regardless of whether it falls into one of the above categories, you may have grounds to file a workers’ compensation claim, personal injury claim, or both. Contact our team to learn more about your legal options during a free consultation.

OSHA Safety Regulations and Liability

OSHA forklift safety regulations promote the safe operation of these vehicles. For example, per OSHA regulations, no one under 18 may operate a forklift, and anyone who does operate a forklift must be properly trained.

An injured worker may not be able to sue an employer after a forklift accident. However, if the accident resulted from a violation of an OSHA regulation, an employer or other such party may be fined or otherwise penalized.

Determining Liability and Seeking Compensation

After a forklift accident, there are typically two paths to compensation:

Workers’ Compensation Benefits

Workers’ compensation is available to most employees injured on the job, regardless of who was at fault. You don’t need to prove negligence to receive these benefits.

Third-Party Liability Claims

If someone other than your employer contributed to the accident, you may be entitled to additional compensation through a liability claim. Potentially responsible parties can include:

• Equipment manufacturers and designers
• Property owners and managers
• Maintenance contractors
• Third-party operators
• Parts suppliers and distributors

Each case is unique, and there may be other responsible parties depending on the circumstances of your accident. Our team can help investigate your case and identify all potential sources of compensation.

How Workers’ Compensation Benefits Play a Role

If you’ve been injured in a forklift accident, there’s a good chance you sustained your injuries while functioning as an employee. Workers’ compensation benefits would thus likely serve as your first source of compensation for medical expenses and related financial losses.

You don’t have to prove negligence when filing a workers’ compensation claim. You only need to show that your forklift accident qualifies as a workplace or work-related accident. However, workers’ compensation benefits may not be sufficient to compensate you for all your losses and damages. In addition, while workers’ compensation may address economic damages, like medical bills and lost wages, it doesn’t address non-economic damages, like pain and suffering.

You may have options in this scenario. Along with your workers’ compensation claim, you could file an additional personal injury claim or lawsuit against a negligent third party responsible for your forklift accident. You can’t sue your own employer, but you can sue others who may have caused your accident. Taking such steps may be necessary to recover the full amount of financial compensation for which you’re eligible.

The Importance of Hiring a Forklift Accident Attorney

Hiring a forklift accident lawyer can prove extremely helpful in many ways now. After a forklift accident, an attorney can help by:

• Reviewing your case: What are my options after a forklift accident? Do I file a workers’ compensation claim? Do I have grounds to file a third-party claim or lawsuit? What should I do (and what shouldn’t I do) to maximize the compensation I receive? These are all questions forklift accident attorneys can address during an initial consultation. Because the consultation is free, you’re not taking a financial risk by discussing your options after sustaining injuries from a forklift accident.
• Investigating: Investigating your forklift accident may be necessary for several reasons. If the insurance company tries to argue that yours wasn’t a genuine work-related accident, you may need to gather evidence showing that it was. Investigating and gathering evidence is also necessary to prove negligence. Proving negligence is critical to filing a successful third-party claim or lawsuit. Luckily, you don’t have to investigate an accident yourself. Our forklift accident attorneys have the experience and resources needed to investigate the accident on your behalf.
• Documenting your damages: When submitting a claim or lawsuit, it’s important to include thorough documentation of your compensable losses (like lost wages, medical treatment costs, etc.). An attorney can help you gather documentation to strengthen your forklift accident case. If applicable, a forklift accident lawyer can also help you document intangible non-economic losses, like pain and suffering.
• Filing paperwork: Forklift accident victims should prioritize making a swift and smooth recovery. Doing so is easier when you have representation from an attorney who can complete and submit paperwork while you focus on healing from your injuries. Again, depending on the circumstances, a lawyer may even file multiple claims or lawsuits to maximize your compensation.
• Negotiating: The insurance company or liable party in a forklift accident case may wish to settle the case for as little money as possible. To recover the full amount of compensation for which you’re eligible, you might have to reject lowball offers and negotiate for a fair settlement. This is another task that’s ideal for experienced forklift accident attorneys who understand how insurance companies try to avoid paying injured workers what they deserve.
• Representing you in court: Sometimes, no amount of negotiations can convince an insurer to offer a fair settlement. Or, in rare instances, a liable party might not have insurance. Our team can evaluate the situation and determine whether filing a lawsuit to pursue damages in court is the best option.

Remember, you can discuss your case at no cost to you during a free consultation. Doing so is often the best way to learn more about the specific ways an injury law firm can help you right now. Get started today by contacting our personal injury law firm and setting up a consultation.

What to Do After a Forklift Accident

Taking proper steps immediately after a forklift accident serves two purposes: Most importantly, taking the right steps ensures your safety. However, it’s also important to understand how taking the right steps shortly after an accident can help you preserve evidence and may boost your odds of receiving the full compensation you’re eligible for.

Immediate Safety and Medical Steps

• Check yourself for injuries: Before doing anything else, assess your injuries and overall physical condition. If you need urgent medical care, get treatment first.
• See a doctor: It can’t be stated enough: For many potential reasons, such as a surge of adrenaline, a forklift accident injury may not always cause immediately noticeable or recognizable symptoms. That’s not to say you should exaggerate or make up your injuries after an accident. However, it does mean you must seek medical treatment right away after an accident, even if you don’t think your injuries are serious. Save copies of your medical bills and records and adhere to a doctor’s recommended treatment plan.

Protecting Your Legal Rights After a Forklift Accident

• Report your accident: A forklift accident tends to be a workplace accident. You should report the accident to your employer right away. Failure to report your accident or injuries promptly could result in losing your right to workers’ compensation benefits. If yours wasn’t a workplace accident (such as a pedestrian accident caused by a careless forklift driver), report the accident to a property owner or other such authority. For example, if you were injured near a construction site, you may report the accident to the team’s supervisor handling the construction project.
• Avoid making damaging statements: Be cautious when discussing the accident with employers, property owners, or supervisors. Don’t admit fault or speculate about others’ negligence – leave determining liability to your lawyer. Decline to sign any documents without attorney review. Also, avoid discussing your injuries until after medical evaluation, as some injuries may not be immediately apparent.
• Gather evidence: Although a forklift accident lawyer can gather evidence during an investigation, there are steps you may take to gather evidence yourself right after an accident. For example, you can take pictures of the accident scene, documenting what played a role in the accident. You can also get the names and contact information of witnesses at the scene.

Speak with a construction accident attorney instead of working directly with the insurance company yourself. Just remember to act fast to avoid losing your rights to benefits or compensation. Contact our forklift accident law firm today for more information about how to proceed.

Forklift Operator Rights and Responsibilities

Forklift operators have certain rights, such as the right to seek compensation when injured. In most states,  injured forklift operators who were hurt while performing work duties don’t need to prove negligence to seek workers’ compensation. That said, proving negligence is necessary if you wish to file a third-party liability claim or lawsuit.

Forklift drivers also have certain duties and responsibilities. For example, a forklift operator must:

• Refrain from operating a forklift while under the influence of drugs, alcohol, or both.
• Abide by all pertinent rules and regulations when operating a forklift.
• Assess their own experience and skill level when determining whether they can handle certain tasks that require operating a forklift.

This combination of rights and responsibilities can sometimes complicate a forklift accident case. For example, maybe a mechanical failure caused an accident that injured both a forklift operator and a nearby pedestrian. Perhaps, without a proper investigation, it appears to an outside observer that the accident resulted from the forklift operator’s negligence.

That’s just an example. A forklift accident attorney with experience handling cases like yours can provide valuable assistance when such complexities arise. Find out more about how we address the nuances of a case like this by contacting our team today.

Maximizing Your Compensation

Hiring a lawyer who handles forklift accident claims or lawsuits is among the smartest ways to optimize your chances of receiving fair compensation after a forklift accident. Other steps you can take to maximize compensation include:

• Keep a journal, video diary, or other such log in which you describe your pain and suffering and related non-economic struggles resulting from an accident.
• Follow a doctor’s recommended treatment plan. Save copies of medical bills, documentation of your medical condition, and documentation of related expenses (like the cost of prescription medication).
• Don’t handle correspondence with the insurance company yourself. Refer all correspondence to your attorney.
• Don’t discuss the case openly with anyone aside from your lawyer and anyone else they say you can speak to about the case (like a doctor). Don’t post about the case on social media, and never post anything that indicates your injuries aren’t as serious as you claim.

Worrying about how to maximize compensation isn’t as much of a concern when you have proper legal help. Our team will handle all aspects of your case, fighting for the maximum compensation available. Call us today to learn more.

Get Help From Experienced Forklift Accident Attorneys

For 65 years, Munley Law’s board-certified trial attorneys have helped injured workers and their families get the compensation they deserve. Our forklift accident lawyers have the experience, resources, and proven track record you need.
When you work with Munley Law, you get:

• Board-certified trial attorneys with decades of experience
• No upfront costs – we only get paid if you win
• 24/7 access to your legal team
• Free, no-obligation case review

Don’t wait to get the legal help you need. Call now for your free consultation with a forklift accident lawyer, or fill out our contact form. There’s no obligation, and you won’t pay anything unless we win your case.