Forklift Accident Lawyer in Birmingham

Forklifts are indispensable in many work environments, but they are also potentially dangerous. Forklift accidents cause some of the most severe workplace injuries. You may face multiple surgeries and a long rehabilitation timeline that threatens your career and your future. 

The Workers’ Compensation system in Alabama is supposed to help, but it often pays far less than what your injuries actually cost. Or, an insurer may deny your claim outright. Our forklift accident lawyers in Birmingham will help you get the benefits you are owed. 

At Wettermark Keith, we have recovered more than $1.5 billion for our injured clients. We will work to get you the justice you deserve. Call today to schedule your free consultation and learn more about how our Birmingham Workers’ Compensation lawyers can help with your claim. 

How Do Forklift Accidents Happen?

Forklifts are heavy machines that can weigh 9,000 pounds or more. Accidents can happen when they tip over, when loads fall from high forks, when operators hit pedestrians, or when the equipment breaks down because of poor maintenance.

Inadequate training is a major factor in many forklift accidents. OSHA requires employers to certify forklift operators, but this is sometimes ignored. Dangerous job site conditions, such as narrow aisles and crowded work areas, also contribute to the chances of an accident.

Injuries from forklift accidents are often severe. When an accident occurs, understanding the cause is important. It helps determine who is responsible and what legal options are available. Our Birmingham personal injury lawyers can help you understand your rights. 

Can You Get Workers’ Compensation for a Forklift Accident?

In Alabama, most employees injured on the job are covered by Workers’ Compensation. If you were hurt in a forklift accident while performing your job duties, you are generally entitled to medical treatment and a portion of your lost wages through your employer’s insurance carrier. 

Alabama Workers’ Compensation pays two–thirds of your average weekly wage, up to a state maximum, for the time you are unable to work. It also covers reasonable and necessary medical expenses related to your injury. 

However, workers’ compensation does not pay for pain and suffering, and it does not fully replace your income. Employers and their insurers sometimes dispute the severity of injuries or deny claims outright. If your claim is denied or underpaid, you have the right to push back. 

What If My Workers’ Compensation Claim Is Denied?

Workers’ Compensation claims in Alabama get denied for several reasons. Your employer may dispute that the injury happened at work, the insurer may argue that your condition is pre-existing, or the claim may be rejected on a technicality such as a missed reporting deadline. 

Employers and their insurers have legal teams working to limit what they pay, but a denial is not the end of the road. While the Alabama Department of Labor offers mediation for medical disputes, a total denial of your benefits requires you to take your case directly to the Alabama court system by filing a civil lawsuit.

The appeals process involves strict deadlines, and missing them can permanently bar your claim. Our Birmingham forklift accident lawyers can review your denial, identify the grounds the insurer used, and build the case for your appeal.

What If a Forklift Injures You and You Aren’t an Employee?

If a forklift injured you and you were not an employee of the company operating it, workers’ compensation does not apply to your situation. You may have the right to file a personal injury claim directly against the responsible party and recover compensation such as:

• Emergency care that you required at the time of the accident.
• Medical expenses such as doctor’s visits, testing, and procedures
• Lost wages and employment benefits you missed because you were injured prevented you from working. 
• Future medical care costs, such as surgery or ongoing medication
• Non-economic damages such as pain and suffering. 

Alabama applies a contributory negligence rule, meaning that if you’re even slightly at fault for the accident, you could be completely barred from recovering any compensation. Our forklift accident attorney will work to establish that the other party’s negligence caused your injuries.

Get Help from Our Forklift Accident Attorneys in Birmingham

Forklift accidents produce some of the most devastating workplace injuries. Workers’ compensation provides a starting point, but it does not cover pain and suffering and rarely reflects the true cost of a serious forklift injury. 

One mistake with your application can mean a delay or denial of your benefits. Our forklift accident attorneys in Birmingham can review your accident and help you appeal a denial. In some cases, we may help with a separate civil claim on top of your Workers’ Comp benefits.

Our team at Wettermark Keith has more than 50 years of combined legal experience, helping injured accident victims get the compensation and benefits they are entitled to. Call today for a free consultation and tell us about your forklift accident.