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A forklift is a heavy piece of machinery, with more than enough power to cause death or serious injury if it’s not designed, built, maintained, or used properly.
According to a 2017 study by the Bureau of Labor Statistics (BLS), forklifts play a role in an average of 89 deaths and 8,674 injuries in U.S workplaces every year.
Below, we’ll go over some of the most common forms these accidents take, and what you can do if you’ve been affected by one.
Forklifts are designed to lift loads greater than their own weight. Pulling off this kind of maneuver safely, however, requires training, patience, attention, and an understanding of the physics involved.
Extending a heavy load outward from the body of the forklift can easily cause it to overbalance and tip. Other tip-overs are caused by uneven terrain, particularly with forklifts that are not designed for rugged outdoor use.
Tip-overs can also happen as a result of the cab of the forklift catching on a low overhang. That’s what led to the fatal forklift accident at Logan Airport in Boston last August, for example.
Some forklifts have even been known to tip over on flat surfaces with no load at all, if the forks are left in the raised position.
The driver’s compartments of forklifts rarely offer much physical protection, so if the vehicle tips over, it’s common for parts of the operator’s body to strike the ground or be crushed under the machinery. Overturning forklifts also pose a crushing danger to anyone else standing nearby.
The whole purpose of a forklift is to lift, move, and hold heavy loads at a height. Of course, heavy loads suspended at a height are one of the deadliest hazards a workplace can have, which is part of why construction and warehouse jobs are so dangerous.
If a suspended load isn’t perfectly stable on the fork, or if the forklift disturbs other heavy objects being stored at a height, usually during loading or unloading, a serious accident can strike quickly and suddenly.
Bystanders are the most common victims of falling load forklift accidents. Particularly in big box stores, where forklifts and untrained members of the public share space, it’s common for forklift accidents to rain heavy merchandise down on customers who had no idea they were standing in a danger zone.
However, forklift operators can end up crushed under their own loads as well, as can their spotters and other trained coworkers.
In addition to cargo, forklifts are routinely used to lift workers. This should only be done with platform or bucket attachments specifically designed to hold human beings safely, and even then, a forklift is rarely the ideal tool for this job.
People performing work at a height with the help of a forklift run a risk of falling, especially if the lifting platform lacks railings, or if the forklift moves unexpectedly.
Just like vehicles out on the road, forklifts can collide with pedestrians, each other, and other pieces of heavy machinery. The low top speeds of forklifts can sometimes lull operators and those around them into believing that collisions are unlikely to happen, or unlikely to be serious, but this is far from the case.
A 19-year-old died this way in New York last November, while guiding his father through loading a forklift into a flatbed truck. The forklift hit the young man and, as so often happens, dragged him under its full weight.
In addition to the false sense of security that comes with the slowness of forklifts, many models have poor front-facing visibility, especially while in use carrying a load. This makes it still more likely for a forklift to continue moving over a victim after the initial collision.
Caught-between accidents are literally accidents in which part or all of the victim’s body becomes caught between two solid objects.
When it comes to forklifts, this kind of accident can overlap with collision accidents. Typically, the forklift strikes a bystander, but instead of running the person over, it crushes them against a nearby wall, shelving unit, or piece of cargo or machinery.
One of these accidents happened quite recently at the Walmart distribution center in Fort Worth, Texas. The victim, who was a forklift operator herself, ended up crushed between the forklift and a pallet rack.
Some forklifts can also cause caught-between accidents without any other objects, simply by catching limbs between the moving parts of the lift itself.
If you’ve been injured or lost a loved one during a forklift accident, and the accident happened during work for an employer, you have the right to file for workers’ compensation.
There’s no downside to claiming the workers’ comp you’re eligible for. Doing so doesn’t waive any of your rights, and it doesn’t require any proof of fault. The workers’ comp system usually works fairly quickly, and can help you cover a significant portion of your immediate expenses following the accident.
However, you should be aware that your workers’ comp settlement will not fully compensate you for all of the monetary costs of the accident, such as lost income, let alone the less tangible costs, such as pain and lost enjoyment.
Employers are generally immune to lawsuits for workplace injuries. That’s the legal trade-off for the existence of the quick, no-blame workers’ comp system. You’ll only be able to sue your employer if your employer denies your workers’ comp claim, or if you can prove that your employer was actively trying to hurt you, rather than simply ignoring your safety.
However, that doesn’t necessarily mean that you can’t sue for full compensation after a forklift accident. You just can’t sue your employer. If there are other entities that contributed to the accident, you have the right to sue them, even while collecting workers’ comp.
Possible defendants include:
If you’d like to learn more about your options for compensation following a forklift accident, reach out to the Stoddard Firm for a free consultation.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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