Forklift Accident Lawyer in Montgomery

Forklifts are powerful machines that can cause catastrophic injuries when something goes wrong. A forklift accident can leave you facing extensive medical treatment, months away from work, and uncertainty about how you will support yourself and your family.

While Alabama’s Workers’ Compensation system is designed to provide benefits to injured employees, obtaining the compensation you need is not always straightforward. If an insurer is denying you the benefits you are entitled to, our Montgomery forklift accident lawyers can help. 

Our team at Wettermark Keith has served more than 100,000 clients and helped them through difficult legal struggles. Contact us today for a free consultation and learn what our Montgomery Workers’ Compensation lawyers can do for you. 

Workers’ Compensation Benefits After a Forklift Injury

Most employees injured in forklift accidents while performing job-related duties are eligible for Workers’ Compensation benefits under Alabama law. Unlike a traditional injury lawsuit, you do not need to prove that your employer was negligent.

Your benefits may include:

• Payment of authorized medical treatment and rehabilitation expenses
• Temporary disability benefits while you are unable to work
• Permanent disability benefits for lasting impairments
• Vocational rehabilitation in certain situations
• Death benefits for surviving family members after a fatal workplace accident

Workers’ Compensation benefits generally replace a portion of lost wages rather than your full income. Our forklift accident attorneys in Montgomery can help ensure your claim receives proper consideration and that your rights are protected throughout the process.

When Your Workers’ Compensation Claim Is Rejected

A denied Workers’ Compensation claim can cause a lot of stress when you should be focusing on getting better. But just because your claim is denied doesn’t mean your case is over. 

Insurance companies often deny benefits for reasons such as:

• The injury occurred outside the scope of employment
• The condition existed before the accident
• Medical evidence does not support the claim
• The accident was not reported within the required deadlines
• The paperwork was incomplete or inaccurate

Some of these issues are easily addressed through appeal, but some disputes require litigation through the state’s court system. Our forklift accident attorneys can review the insurance company’s decision and pursue the legal remedies available under Alabama law.

When You Can Sue After a Workplace Forklift Accident

Workers’ Compensation is meant as the exclusive remedy against an employer for a workplace injury. However, some forklift accidents involve third parties whose negligence contributed to the incident.

You may have a separate personal injury claim if your accident was caused by a:

• Negligent contractor that was working on the job site
• Maintenance company that improperly serviced the forklift
• Property owner who created unsafe conditions
• Forklift manufacturer that produced defective equipment

Third-party injury claims may allow recovery for losses that Workers’ Compensation does not cover, including pain and suffering and the full extent of lost income. Montgomery forklift accident lawyers can evaluate whether additional claims may be available in your situation.

Forklift Accidents Involving Non-Employees

Not every forklift accident victim is an employee. If a forklift injured you but you were not employed by the company operating the equipment, Workers’ Compensation is probably not an option. However, you may be entitled to file a personal injury claim.

It is important to understand that Alabama follows one of the nation’s strictest negligence rules. Under the state’s contributory negligence doctrine, an injured person who is found even partially responsible for an accident may be barred from recovering damages.

Deadlines for Filing Your Forklift Accident Claim

For Workers’ Compensation claims, Alabama law generally requires injured employees to notify their employer of the accident within five days. However, benefits may still be available if notice is provided within 90 days. 

In most cases, a Workers’ Compensation lawsuit must be filed within two years of the accident date or the last payment of compensation benefits. If you intend to pursue a civil lawsuit, per  Alabama Code § 6-2-38, the deadline is typically two years from the date of the injury. 

Missing this statute of limitations can permanently bar your claim, regardless of how serious your injuries are. Because different deadlines may apply depending on the facts of your case, it is important to talk to our legal team as soon as possible after your accident. 

Get Help From Our Forklift Accident Attorneys in Montgomery

A serious forklift accident can affect every aspect of your life, from your health and finances to your ability to return to work. Having experienced legal representation can make a meaningful difference in the outcome of your case.

Whether you are pursuing Workers’ Compensation benefits, challenging a denied claim, or exploring a potential third-party lawsuit, our forklift accident attorneys in Montgomery can help you get the compensation you deserve. We are prepared to advocate for you every step of the way.

Wettermark Keith has recovered more than $1.5 billion in awards and settlements for injured people. Contact us today for a free consultation and learn how we can help with your forklift accident case.