RECENT POSTS
Categories
What To Do If You Are Injured By a Forklift Driver
Being injured by a forklift driver can result in serious and life-altering consequences. Whether the accident occurred at a warehouse, construction site, or another workplace, it’s essential to know what steps to take to protect your rights and ensure you receive the medical care and compensation you deserve. In this blog, we’ll walk you through the immediate actions to take after a forklift injury, how to document the incident, and the legal options available to hold the responsible parties accountable.
The Dangers of Forklift Accidents
Forklift accidents can lead to severe injuries or even fatalities. According to the U.S. Bureau of Labor Statistics, over 9,000 severe injuries and as many as 85 workplace deaths occur annually due to forklift operations. The hazards and risks of forklift operations often stem from:
Limited Visibility: Forklift operators may have restricted views, especially when carrying loads.
Speeding: Operators may drive too quickly, leading to loss of control.
Inadequate Training: Untrained personnel may misjudge distances or operate the vehicle unsafely.
Overloading: Exceeding weight limits can cause forklifts to tip over.
Operator Negligence: Carelessness or failure to follow safety protocols can result in accidents and serious injuries.
These factors highlight the importance of safety and the need for proper training in forklift operations to reduce the risk of serious injury or wrongful death.
Common Forklift Accident Injuries
Injuries resulting from forklift accidents can vary significantly in severity. Due to their size and power, there are some injuries that occur more frequently than others. Some common forklift accident injuries include:
Fractures and Broken Bones: Collisions with forklifts can lead to severe fractures.
Head and Brain Injuries: Falling objects or being struck by a forklift can lead to traumatic brain injuries (TBI) or concussions.
Crush Injuries: Being run over by a forklift can cause serious internal injuries or limb amputations.
Back and Spinal Injuries: The strain of lifting heavy loads can lead to chronic pain and mobility issues.
Lacerations and Cuts: Sharp or heavy objects carried by forklifts can cause deep cuts or punctures.
Internal Injuries: Collisions or being crushed by a forklift can result in internal bleeding or damage to vital organs.
These injuries can be life-threatening and may require extensive medical treatment and rehabilitation.
Common Causes of Forklift Accidents
Forklift accidents can often be traced back to specific causes, which can include:
One of the most dangerous scenarios occurs when operators fail to pay attention to their load and make tight turns with an elevated stack. This can cause the forklift to tip over, endangering both the driver and anyone in the surrounding area. Rollovers are especially likely when the forklift is overloaded or when the operator speeds through uneven surfaces.
A forklift collision with shelves or storage racks can cause items to fall, potentially striking and injuring nearby workers. This type of accident can occur when the operator misjudges distance, maneuvers too quickly, or loses control of the forklift. In environments with high or heavy stock, falling items can lead to severe injuries or fatalities, making it crucial to ensure operators are properly trained and aware of their surroundings.
Although many warehouses restrict non-employees from walking freely, active work environments like lumber yards and other industrial sites can pose significant risks for pedestrians. Without proper traffic controls or designated walking zones, forklift operators may not see pedestrians in their path, leading to serious collisions.
A lack of proper safety protocols is a major contributing factor in forklift accidents. This can include unbalanced loads, failure to secure products, lack of spotters or flaggers in open spaces, and disregarding safety standards for operating forklifts in busy environments. Without these measures, both operators and nearby workers face higher risks.
Poorly maintained or hazardous work environments can easily lead to forklift accidents. Slippery floors, cluttered workspaces, debris on the ground, and poor lighting contribute to dangerous conditions. Additionally, mechanical failures, such as leaking hydraulic lines or worn-out tires, can cause sudden malfunctions, making it difficult for operators to maintain control.
Forklifts that are improperly loaded, either with stacks that are too high or unevenly distributed, can become unstable and cause the vehicle to lose balance. This instability increases the risk of rollovers and dropped loads, which can injure workers or damage property.
Operators working long shifts or multitasking while driving a forklift may experience fatigue or distraction, impairing their ability to react quickly to obstacles or hazards. This can result in preventable accidents such as collisions or improper load handling.
Forklifts that are not regularly inspected or maintained can experience mechanical issues such as brake failures, steering malfunctions, or hydraulic leaks, all of which can lead to sudden accidents. Regular maintenance checks and addressing small mechanical issues before they escalate is crucial for safe forklift operation.
Important Forklift Safety Tips
To ensure the safe operation of forklifts and reduce the risk of accidents, it's essential to follow these key safety tips:
Proper Training: Only certified and trained operators should drive forklifts. Regular refresher training ensures operators stay updated on safety procedures.
Pre-Operation Inspections: Always inspect the forklift before use, checking for mechanical issues like faulty brakes, steering, or hydraulic leaks. Regular maintenance is key to preventing breakdowns.
Load Management: Ensure loads are balanced and do not exceed the forklift’s weight capacity. Keep the load low and stable to prevent tip-overs.
Drive at Safe Speeds: Operate the forklift at a safe speed, especially in tight or crowded areas. Avoid sharp turns and sudden stops that could destabilize the vehicle.
Ensure Clear Visibility: Make sure the operator’s view is not obstructed by the load. Use mirrors, spotters, or cameras if visibility is limited.
Use Horns and Signals: Operators should use horns when approaching blind corners or pedestrian areas and ensure all safety signals and lights are working.
Maintain a Safe Environment: Keep workspaces clean, well-lit, and free of debris to prevent accidents. Ensure clear, marked paths for forklifts and pedestrians.
Pedestrian Safety: Always be aware of pedestrians in the work area. Use designated forklift lanes and ensure proper signage to alert workers of forklift traffic.
By following these forklift safety tips, you can minimize risks and create a safer work environment for everyone involved.
What to Do If You Are Involved in a Forklift Accident At Work
If you're injured in a forklift accident at work, it's crucial to take the right steps to ensure your eligibility for workers' compensation. One of the most important actions is to report the accident to your employer immediately and seek medical attention. Additionally, there are several other essential steps you should follow to protect your rights:
- Seek Medical Attention: Your health is the top priority. If it’s an emergency, call for emergency services immediately. For non-emergency situations, check with your employer to see which doctors are authorized under workers' compensation. This will ensure your treatment is covered and help establish a medical record for your claim.
- Report the Accident: Notify your supervisor or the appropriate personnel about the incident immediately. Workers' compensation claims depend on prompt reporting, so make sure to inform your employer as soon as possible to begin the workers' comp procedure.
- Document Everything: Take photos of the accident scene, collect witness statements, and note any relevant details about the incident. This documentation will be essential for your workers' compensation case.
- Speak to an Attorney: Contact a workers' compensation attorney at Wettermark Keith to help guide you through the claim process. You may be entitled to benefits that cover medical expenses, lost wages, and other related costs.
Seeking Workers Compensation After a Forklift Accident
Workers’ compensation laws vary by state, but generally, you have the right to file a claim for benefits if you’re injured on the job. It’s crucial to file your claim within the time limits set by your state or else you will not be able to file. Consult your workers' compensation attorney to help file your claim and ensure you don’t miss the usually short deadline.
Frequently Asked Questions
Seek medical help right away, as some injuries may not be immediately apparent. It's also crucial to report the incident to your supervisor or designated personnel to ensure that proper protocols are followed and documentation is created.
Yes, you may be able to file a lawsuit if your injury resulted from someone else's negligence, such as improper training or faulty equipment. It's advisable to consult with a personal injury attorney to explore your legal options and determine the best course of action.
The time frame to file a workers' compensation claim varies by state, often ranging from 30 to 90 days after the accident. Failing to file within this window may jeopardize your ability to receive benefits, so it's essential to act promptly.
Common causes include operator error, such as distractions or inexperience, and poor maintenance of the equipment. Other contributing factors can include inadequate safety measures and environmental issues like poor visibility or cluttered work areas.
As a pedestrian, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering if you were injured due to someone else's negligence. Consulting with a personal injury lawyer can help you understand your rights and the best way to pursue your case.
You may be entitled to recover various damages, including medical expenses related to your treatment, lost wages if you are unable to work, and compensation for pain and suffering experienced due to the accident. In some cases, you might also recover damages for emotional distress and loss of enjoyment of life.
What to Do If You Are Involved in a Forklift Accident As a Pedestrian
Being struck by a forklift as a pedestrian can result in serious injuries, and it's essential to take the right steps to protect your health and legal rights. Here’s what to do if you're involved in a forklift accident as a pedestrian:
- Seek Immediate Medical Attention: Your health and safety come first. Call emergency services if necessary, or have someone take you to the hospital. Even if you feel fine, injuries may surface later, so it’s crucial to get evaluated by a medical professional.
- Report the Incident: Notify the workplace or site supervisor immediately about the accident. Ensure the accident is properly documented, as this will be important for any future claims.
- Gather Evidence: If you're able, take photos of the scene, the forklift, your injuries, and any surrounding hazards. Collect contact information from witnesses who can provide statements about the accident.
- Document Your Injuries and Treatment: Keep a detailed record of your injuries, medical appointments, and treatments. This documentation will be critical for pursuing compensation later.
- Consult with an Attorney: Contact an experienced personal injury attorney to review your case. If the accident was caused by negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Can a Lawyer Help You Get Compensation For Your Injuries?
Yes, a personal injury lawyer can help you navigate the complexities of your case. They can assist you in gathering evidence, negotiating with insurance companies, and ensuring you receive the compensation you deserve for your injuries.
Trust Wettermark Keith With Your Forklift Accident Case
Dealing with the aftermath of a forklift accident can be overwhelming, whether you're an injured worker or a pedestrian. At Wettermark Keith, we understand the complexities involved in these cases and are dedicated to helping you seek the compensation you deserve. Our experienced team of attorneys will guide you through the legal process, ensuring that your rights are protected and that those responsible are held accountable. Trust Wettermark Keith to fight for you, so you can focus on your recovery while we handle the rest.
At Wettermark Keith, we have an excellent reputation as one of the most accomplished personal injury firms in the country. We offer a diverse range of practice areas, including personal injury cases, auto wrecks, trucking wrecks, nursing home abuse, medical malpractice, on-the-job injuries, social security, and VA disability, to name just a few. We believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
Ready to work together? Contact us today for a free consultation.
HERE'S WHAT TO DO NEXT
If you or a loved one have been injured and think you might have a case, call us now for a free consultation.