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.
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.
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:
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:
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:
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.
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:
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.
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:
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:
Different worksites present different challenges to forklift operators.
But one or more of these factors often contributes to worker injuries from forklift accidents:
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:
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.
Your forklift accident may provide three legal claims: workers comp, tort (negligence, product liability, and premises liability), and Social Security disability.
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:
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.
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:
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.
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”).
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:
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:
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.