Attorney for Injuries Involving Forklift Trucks

 

A Guide to Personal Injury Lawsuits and Workers Comp Settlements for Injured Forklift Operators and Dock Workers and Those Hurt in Forklift Accidents in Warehouses and on Construction Sites

 

The forklift accident happened fast.

 

In less than ten seconds, John went from driving the forklift to finding himself pinned underneath it. And now that the adrenaline was wearing off, he could feel pain everywhere.

 

We have heard hundreds of stories like these.

 

Forklift accidents cause life-altering injuries – and death.

 

And they happen often.

 

The frequency of forklift accidents is unsurprising. Indeed, you see these heavy machines everywhere. Over one million forklifts help employers in the United States handle and move materials. 

 

These forklifts are vital in building our homes, hospitals, schools, shopping centers, and offices and delivering goods directly to our favorite stores or houses. They speed up the loading and unloading process.

 

But these massive powered industrial trucks are dangerous. They often lift heavy loads many feet into the air while giving the operator limited safety protection and being surrounded by ladders, scaffolds, large objects, and electrical lines. In addition, the loads these forklifts carry limit the driver’s visibility, increasing the risk of harm.

 

Indeed, forklifts pose safety risks to operators, pedestrians, customers in warehouses and retail centers, and other employees on the job site. When they happen, forklift accidents often cause catastrophic injuries, resulting in permanent partial disability and more time missed from work than the average occupational injury. 

 

This article tells you what legal options provide compensation for forklift accident injuries. You may recover under workers compensation and tort law depending on who caused the forklift injury and whether you were on the job when it happened.  

 

Read on for more information. 

 

Then call one of our top-rated Virginia forklift accident lawyers for a free case review: (804) 251-1620 or (757) 810-5614. We have recovered millions of dollars in personal injury settlements and workers compensation benefits for forklift accident victims.

 

 

What is the Definition of a Forklift? 

 

A forklift is a powered industrial truck with prongs (tines) attached to the front to move materials over short distances.

 

The material raised, lowered, or carried by the forklift may be a few heavy objects or several smaller objects on pallets or in boxes or crates. 

 

What are the Seven Forklift Classifications?

 

The United States Occupational Safety and Health Administration (OSHA) divides forklifts into seven classes. 

 

A forklift’s classification depends on its fuel type, features, and general use. 

 

This information is critical in forklift injury litigation because the associated hazards, controlling safety rules, and applicable operating regulations vary based on the type.

 

These seven classes are:

 

Class I: Electric Motor Rider Trucks

 

Class I forklifts have zero emissions and help with many material handling tasks. 

 

Forklift drivers may sit or stand when operating these trucks. 

 

These forklifts operate best on flat, indoor surfaces.  

 

Examples of Class I forklift machines include:

 

• Sit-down three-wheel electric truck lifts

 

• Stand-up or sit-down counterbalanced riders (a counterbalanced forklift has a heavy battery to power the truck and serve as a counterweight)

 

Class II: Electric Motor Narrow Aisle Trucks

 

This class includes small forklift trucks that can operate in tight spaces. 

 

Many Class II forklifts can work with attachments for specific jobs. 

 

Examples of Class forklifts include:

 

• Order pickers

 

• Turret trucks

 

• High-lift straddles

 

• Side loaders

 

• Stand up riders

 

• Reach trucks

 

Class III: Electric Motor Hand Trucks or Hand/Rider Trucks

 

This class of powered industrial trucks moves materials to low places. 

 

Examples of Class III forklifts include:

 

• Motorized pallet jacks

 

• Walkie stackers

 

Class IV: Internal Combustion Engine Trucks (Solid/Cushion Tires)

 

Class IV forklifts have internal combustion engines powered by gas engines. 

 

These forklifts move heavy loads over flat indoor surfaces, including loading docks or warehouses. 

 

This use means Class IV forklifts have smooth tires without much traction. 

 

An example is the counterbalanced internal combustion forklift. 

 

Class V: Internal Combustion Engine Trucks (Pneumatic Tires)

 

These forklifts are similar to Class IV forklifts. 

 

But instead of cushion tires, Class V forklifts use pneumatic tires to grip uneven surfaces. 

 

Class VI: Electric and Internal Combustion Engine Tractors

 

Class VI forklifts are called tow tractors. 

 

These machines move packaged materials. 

 

You may have seen one moving luggage at the airport. 

 

Class VII: Rough Terrain Forklift Trucks 

 

Class VII forklifts are used outdoors in lumber or scrap yards. 

 

They have large tractor wheels for wet, uneven, or hilly terrain. 

 

What Industries Use Forklifts?

 

Many industries rely on forklifts.

 

The workplace conditions for each industry affect the specific hazards forklift operators, employees, and pedestrians near these machines face.

 

These forklift-using industries include:

 

• Construction: Forklifts move pallets of bricks, wood, steel, and other materials on construction sites. Construction companies also use forklifts to move materials from delivery trucks to the right place on the worksite. Further, telehandlers (boom lift, cherry picker, or reach forklift) – a mixture of crane and forklift – can move construction items to heights. Construction site forklifts tend to be larger than their warehouse counterparts because of the terrain they must cross.   

 

• Manufacturing: Manufacturing companies use forklifts to assemble products. For example, a manufacturer may use a forklift to move airplanes, boats, cars, or related parts to other areas for completion. 

 

• Retail: Large home improvement retailers like Lowe’s and Home Depot use forklifts to move products. For example, an employee may use a forklift to get an item on the top shelf if the customer asks.

 

• Transportation and Shipping: Trucking and logistics companies (UPS, FedEx, etc.) at ports and elsewhere use forklifts to load and unload trailers, delivery trucks, and containers. 

 

• Warehouses: A significant amount of truck freight and cargo is palletized. Therefore, employers like Amazon, Walmart, and Target use forklifts in their warehouses and distribution centers to move freight into trucks and trailers and get products to retail stores and online consumers.

 

How Common are Forklift Accidents?

 

Forklift-related accidents happen a lot.

 

For example, one source reports close to 100,000 forklift injuries per year. This figure includes fatal, serious, and non-serious injuries.

 

Another source – The National Safety Council – reports that forklifts were responsible for 70 work-related deaths in 2021 and more than 7,000 nonfatal injuries involving missed time from work in 2020. 

 

The number of forklift accidents causing injuries varies yearly. But reports from the U.S. Bureau of Labor Statistics remain consistent: Thousands of forklift-related incidents happen annually.

 

What are Common Forklift Accidents? 

 

Our law firm has investigated many forklift accidents and represented injured employees in workers compensation and third-party civil actions under product liability and negligence law arising from these incidents. 

 

We have seen these types of forklift accidents on the job: 

 

• Forklifts tipping over or rolling over, causing employees to get stuck under or crushed by the equipment.

 

• Workers or pedestrians struck by forklifts.

 

• Workers struck by loads falling off forklifts. For example, many truck drivers deliver palletized freight to loading facilities owned by a different employer. The truck driver must oversee the loading or unloading of the cargo; however, one of the facility’s employees moves the freight. This employee may use a forklift to carry the item but drop the product, causing injury.

 

• Forklift operators or employees on the equipment falling off the forklift or an elevated pallet.

 

• Forklifts crash into another forklift or motor vehicle (including cars and semi-trucks).

 

• Forklifts hit palletized freight that falls over and strikes a worker or pedestrian.

 

• Malfunctioning brakes, transmissions, or steering causes the forklift to wreck.

 

• Missing forklift safety devices, including rollover protection systems, leads to worse injuries than would have happened with the proper equipment.

 

• Materials sticking out from shelves or the floor strike forklift drivers.

 

• Workers pinned (crushed) between objects.

 

• Forklifts falling between loading docks and unsecured trailers.

 

• Workers die when the forklift moves during maintenance because it remains in gear.

 

• Workers suffer carbon monoxide poisoning when the warehouse where the forklifts operate does not have proper ventilation.

 

• Forklifts striking the ceiling because there is inadequate overhead clearance.

 

• Forklift operators and nearby employees get electrocuted when the forklift driver strikes a power source. 

 

• Overloaded forklifts fall through the floor.

 

Our experience reflects the types of forklift accidents investigated by the Occupational Safety and Health Administration (OSHA). 

 

For example, OSHA investigated forklift accident fatalities where:

 

• A forklift truck struck and crushed an employee in a marine terminal. The forklift’s load obstructed the driver’s view. 

 

• A forklift operator fell from the seat when making a sharp turn at excessive speed. The forklift’s rollover bar crushed the worker. 

 

• A forklift struck a ladder, causing an employee on the ladder to fall. The worker who fell hit his head on the floor and later died from head injuries. 

 

What are the Main Causes of Injuries When Using Forklifts?

 

Different worksites present different challenges to forklift operators. 

 

But one or more of these factors often contributes to worker injuries from forklift accidents: 

 

• Untrained forklift operators who received inadequate or no training before operating the industrial truck: Indeed, inadequate training causes roughly 25% of forklift accidents. 

 

• Overconfidence in operating the forklift. For example, many forklifts are easy to start, which causes drivers to think they can handle the industrial truck with ease. But this confidence may result in a crash or mistake when the driver must maneuver around workplace hazards.

 

• Forklift operator inattention or distracted driving

 

• Pedestrians or employees not watching the forklifts in their work area.

 

• Underage forklift operators (you must be eighteen or older to operate a forklift)

 

• Speeding: Construction sites and distribution centers are fast paced. Forklift drivers may exceed the machine’s recommended speed limit to meet a quota or deadline. But this is dangerous and can cause an accident. 

 

• Carrying an unstable load

 

• Overloading the forklift truck

 

• Having too many passengers on the forklift

 

• The forklift truck lost power.

 

• Driving (in forward or reverse) with an obstructed view: Stacking loads too high on the prongs or driving with the load raised blocks the forklift driver’s view. 

 

• Not wearing a seatbelt when operating the forklift. 

 

• Driving while intoxicated or under the influence of drugs.

 

• Turning sharply

 

• Driving the forklift on an uneven surface, such as a dangerous slope, platform, or loading dock.

 

• Falling between loading docks and an unsecured tractor-trailer

 

• Repairing or maintaining the forklift

 

• Lifting workers on forks or pallets with inadequate fall protection

 

• A defective forklift or machine part (mechanical problems) 

 

• Poor warehouse floor design (including slippery surfaces, lots of ramps and grades, and narrow aisles)

 

• Products or objects sticking out from shelves.

 

• Failure to warn others that forklifts are operating in the area.

 

Common Types of Forklift Injuries

 

Forklift injuries are often severe and life changing.

 

While minor injuries like contusions (bruises), temporary musculoskeletal pain, and lacerations (cuts) happen in forklift accidents, so do catastrophic injuries like:

 

• Fractures (broken bones)

 

• Burns

 

• Spinal cord injuries (potentially causing paralysis)

 

• Neck (cervical) and back (lumbar) injuries requiring spinal fusion

 

• Torn knee ligaments resulting in total knee replacement surgery

 

• Amputations

 

• Skull fractures

 

• Concussions (and post-concussion syndrome).

 

• Hand injuries

 

• Ankle injuries

 

• Shoulder injuries (including torn rotator cuffs and frozen shoulder)

 

• Permanent nerve damage

 

In addition, the physical injury, chronic pain, or memory of the forklift accident may cause you to develop complex regional pain syndrome (CRPS), depression, or post-traumatic stress disorder (PTSD).

 

Further, forklift accidents can cause wrongful death.

 

Who is Liable for Injuries from a Forklift Accident? Legal Remedies for Forklift Accidents – Workers Compensation and Third-Party Claims

 

Your forklift accident may provide three legal claims: workers comp, tort (negligence, product liability, and premises liability), and Social Security disability. 

 

Workers Comp for Forklift Accidents

 

Workers comp provides wage loss payments and lifetime medical care if you get hurt while operating a forklift or a forklift operator’s actions hurt you while on the job. 

 

These workers comp benefits include:

 

• Medical treatment for free (includes payment for urgent care center visits, hospitalizations, surgeries, diagnostic imaging, doctor appointments, physical therapy, chiropractic care, and prescription medication) 

 

• Mileage reimbursement or transportation to and from medical appointments for the injury

 

• Temporary total disability benefits if the forklift accident disables you from all work or prevents you from returning to your pre-injury job. How long these workers comp payments last vary by state. In Virginia, you can receive only five hundred weeks of indemnity payments in most cases. 

 

• Temporary partial disability benefits if the forklift accident restricts you to light duty and you earn less

 

• Permanent partial disability if you lose a limb or have a permanent loss of use of a body part from the forklift-related injury (learn more about impairment ratings under the AMA Guides here). 

 

In addition, you may negotiate a workers compensation settlement for the forklift accident. Learn when workers comp may offer to settle your forklift injury claim here. 

 

Fault does not matter in workers comp claims for forklift accidents.

 

You can get these benefits or a settlement even if your employer did everything right or you made a mistake.

 

Civil Actions (Lawsuits) for Forklift Accidents

 

Although you cannot sue your employer for the forklift accident, you can bring a civil action against any other party liable (responsible) for the incident and injuries. 

 

For example, you may sue one or more of these parties for a forklift accident:

 

• Property owner (this is a premises liability lawsuit): You must show the property owner knew or should have known about the hazardous condition that caused the forklift accident and failed to warn or repair it. 

 

• Forklift driver for failing to maintain control (a negligence claim)

 

• The company that owned, leased, or rented the forklift truck.

 

• Forklift manufacturer (this is a product defect claim)

 

• Forklift parts manufacturer – this is also a product liability cause of action.

 

• Other contractors on the job site if their employees operated the forklift when the accident happened.

 

• The person or company responsible for inspecting and maintaining the job site or forklift.

 

The benefit of bringing a third-party lawsuit for a forklift accident is that you can recover damages unavailable in workers comp. 

 

For example, personal injury lawsuits for forklift accidents allow you to recover compensation for diminished future earning capacity, pain and suffering, and the loss of enjoyment of life. These damages explain why forklift lawsuits in civil court often pay more than forklift accident settlements in workers comp if you can prove a third party’s negligence. 

 

The disadvantage of civil claims for forklift accidents compared to workers comp is you must prove someone else’s act or omission caused you harm. In addition, some states, including Virginia and Maryland, bar you from recovery if your negligence contributed to the accident – even slightly.

 

Social Security Disability for Forklift Accident Injuries

 

Catastrophic injuries from forklift accidents often cause permanent disability.

 

Suppose restrictions from forklift injuries last more than one year and prevent you from performing any work in significant numbers based on your age, education, and work experience. In that case, you will qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

 

Learn more about Social Security disability claims here. These claims require specific evidence to satisfy the Social Security Administration’s Listings of Impairments or Medical-Vocational Guidelines (“Grid Rules”).

 

What is the Average Forklift Accident Settlement? 

 

No calculator can predict the average forklift accident settlement in workers comp or third-party worker injury cases.  

 

Indeed, the numbers vary widely. 

 

For example, we have settled forklift accident claims for $25,000 to more than $1 million. 

 

How much your forklift injury is worth depends on:

 

• Whether workers comp is the exclusive remedy, or you have a viable personal injury case against a third-party

 

• Whether the forklift accident settlement includes cashing out the medical award

 

• The nature and extent of the injuries and disability

 

• The medical treatment you have received and will need. 

 

• The amount of assets or insurance coverage the defendants have 

 

• Who makes settlement decisions for the defendant: an insurance carrier, a claim administrator such as Sedgwick or Gallagher Bassett, or the self-insured company?

 

How to Prevent Forklift Accidents

 

The best way to protect workers and others near the job site from forklift accidents depends on the specific worksite and the type of forklift. 

 

But there are some things every employer, general contractor, subcontractor, and employee can do to prevent forklift injuries: 

 

• Ensure that each forklift operator can safely operate the powered industrial truck and has completed the training in 29 CFR 1910.178(l)(1). Training differs for each machine. Employees should receive training on each type of forklift in the warehouse or on the construction site. 

 

• Require all forklift operators to show certification in operating the machine.

 

• Comply with OSHA standards related to forklift operators and powered industrial trucks.

 

• Use seatbelts if the forklift has them.

 

• Inspect the forklifts daily.

 

• Have policies requiring forklift drivers to report any damage or problems with the machine to their supervisor immediately.

 

• Do not jump from a moving forklift.

 

• Use caution on grades or ramps.

 

• Do not raise or lower the forks when the forklift is moving.

 

• Do not move loads that are heavier than the forklift’s weight capacity.

 

• Refuel or recharge the forklift.

 

• Place safety signage for forklift operators and those working in the area.

 

• Separate forklift traffic from other workers

 

• Limit aisles to workers on foot or forklifts only.

 

• Restrict use to specific times of the day.

 

• Install domed mirrors and alert systems (alarms) notifying others when a forklift is nearby.

 

• Have a clean workspace/factory/job site so the forklift does not strike debris. 

 

Talk with an Experienced Forklift Accident Attorney to Get the Workers Compensation Benefits, Personal Injury Damages, and Social Security Disability Payments You Deserve

 

Our construction accident lawyers can prosecute your claim if you or a loved one got hurt or killed in a forklift accident.

 

We will explain all your legal options. Then we will help you recover the money and benefits you need to cover lost wages, medical treatment, permanent disability, pain and suffering, and changes in your quality of life.

 

Call us at (804) 251-1620 or (757) 810-5614 or complete this online form for a free consultation with an experienced forklift accident attorney. We have helped injured truck drivers, warehouse workers, and construction laborers recover money damages for forklift-related injuries.