The first forklifts were invented more than 100 years ago, and since then, forklifts have powered the American economy to soaring heights. More than 500,000 workers operate them every day in the U.S., and 1.5 million people are qualified to drive them. According to Toyota, forklift companies pay $5.3 billion each year in taxes, suggesting the GDP of the forklift industry is higher than that of El Salvador.
Despite their benefits to our economy, forklifts cause a tremendous number of injuries each year in the U.S. Thanks to workers’ compensation insurance, though, employees injured in work-related forklift accidents can collect benefits to cover a portion of their losses. This financial support may cover a range of losses, including medical expenses and missed wages, providing a vital safety net as you receive treatment, rest, and consider your next steps. However, some injured workers struggle to get the full range of benefits they deserve.
If you or a loved one suffered serious injuries in a work-related forklift accident, a dedicated workers’ compensation attorney like James Koh can help you secure the compensation you need. This article will explain how you can get workers’ compensation for forklift accidents in California, exploring the main causes of forklift accidents, types of workers’ comp benefits, and more.
Are you struggling to secure the workers’ comp benefits you deserve? Contact Attorney James Koh to schedule a case evaluation and receive the legal advice you need to improve your workers’ comp claim and maximize your benefits.
Common Forklift Accidents
In 1998, the Occupational Safety and Health Administration (OSHA) released a selection of forklift fatality reports. These were summaries of real forklift accidents that occurred throughout the United States, and they illustrated the various ways in which forklifts can claim lives and cause serious workplace injuries. The following are some of the most common:
Forklift Rollovers/Tipovers
Forklifts are incredibly top-heavy and especially prone to rollovers when operators fully raise their platforms. OSHA documented one accident where a forklift tipped over after a sharp turn at an excessive speed. The operator was thrown to the floor and was subsequently crushed when the forklift fell on top of him. In a similar incident, a forklift toppled over while traveling on a slight slope. The operator tried to jump clear of the falling forklift but suffered fatal crush injuries.
Being Struck by a Forklift
Many workers on foot are struck and killed each year by forklifts. Often, the load on the front of the forklift obstructs the operator’s view, contributing to head-on collisions with workers on foot. Workers are also vulnerable to forklifts reversing or emerging suddenly from around corners.
Crushed by Forklifts
In one case documented by OSHA, a forklift operator was attempting to unload a trailer when the truck driver suddenly departed from the loading bay. The forklift fell backward due to the sudden movement, and the forklift operator suffered a broken neck under the crushing weight of the machinery.
Loads Falling From Forklifts
In another case, a longshoreman was crushed after a load of fiberboard fell onto him from a raised forklift platform. In this particular accident, the forklift operator failed to set his fork to the correct width, causing a crate to topple off the raised platform and onto the victim. These kinds of accidents are very common not only in shipping areas but also in factories and warehouses.
Falls from Forklift Platforms
Despite being a safety violation, some workers stand on top of forklift platforms to carry out various tasks at great heights. Forklifts should not be used in the same capacity as scissor lifts or ladders, as they are not designed to safely perform these roles. In one case documented by OSHA, an operator left his forklift unattended while another employee stood atop the raised platform. When the forklift operator returned, he found the employee fatally pinned within the machinery.
The Main Causes of Forklift Injuries
Many different factors can lead to forklift injuries. Often, these accidents are caused by a combination of human error and mechanical failure. We will discuss a few of the most common causes of forklift injuries below.
Speeding
Some forklifts are capable of traveling at surprisingly high speeds. Employees should always exhibit caution when operating these vehicles, as excessive speeds increase the chances of rollover crashes, especially when navigating sharp turns. Workers on foot also face serious dangers from fast-moving forklifts.
Sudden Reversals
Reversing a forklift suddenly and without warning can endanger workers in its proximity. Forklift operators must scan their surroundings before reversing and even engage in shoulder-checking. Forklifts today almost always feature audible warning sirens and flashing lights, and these warnings activate as soon as the operator begins reversing.
Ineffective Communication
OSHA states that poor communication is a leading workplace hazard in the modern era. This applies not only to things like the proper labeling of hazardous chemicals but also to the movement and routes of dangerous machinery. Workers should understand exactly where forklifts are operating to avoid potentially dangerous situations. With effective communication, forklift operators can help avoid collisions and protect their coworkers who are on foot.
Infrequent Maintenance
Like any other vehicle, a forklift is only safe when properly maintained and repaired. If employers fail to regularly service their forklifts, the chances of accidents increase. For example, a set of poorly maintained brakes may fail, causing a collision with another worker.
Jumping Off Forklifts
Many accidents documented by OSHA involve operators attempting to “jump clear” of falling forklifts. This is one of the worst decisions an operator can make, and it is typically much safer to stay within the roll cage while the forklift is falling over, as it is specifically designed to shield the operator from impacts and crushing injuries. Unfortunately, the instinct of an operator often takes over, causing them to jump from the forklift. Inevitably, this leads to catastrophic injuries as they are caught and crushed by the falling machinery.
Improper Use
Forklifts are only meant for lifting heavy cargo. If workers try to use them as makeshift ladders, for example, accidents are almost guaranteed. Many workers commit various violations while operating forklifts, such as failing to wear seatbelts.
Insufficient Training
Employers can help avoid forklift accidents of all types if they simply provide their workers with sufficient training. Too often, employers allow their workers to operate forklifts without any training whatsoever.
What Benefits Are Available for Workers Injured by Forklifts?
You may be eligible for a range of benefits after a forklift accident in California. It makes sense to explore the full range of these benefits – even if you believe your injuries are relatively minor. Below we’ll discuss some common types of possible compensation.
Medical Benefits
A workers’ compensation claim should cover emergency transport, emergency room treatment, doctors’ visits, pain medication, surgeries, rehabilitation, and any other necessary medical treatments after your accident. With a successful workers’ compensation claim, you shouldn’t have to spend a single dime of your own money to cover your medical bills. That being said, the full extent of your medical expenses might not be clear in the immediate aftermath of your forklift accident. You may need to wait until your maximum medical recovery (MMR) before you can predict the true cost of your injuries.
Disability Benefits
If you miss work due to your forklift accident, you should receive compensation for missed wages. In California, workers’ comp covers two-thirds of your missed wages, up to a certain maximum. This maximum changes each year according to inflation, and in 2024 it is approximately $1600 per week. When you recover from your injuries and return to work, these payments will cease. If you suffer a permanent disability that prevents you from ever working again, your benefits may continue for the foreseeable future.
Death Benefits
If your loved one died from a fatal forklift accident, you may be able to file a workers’ compensation claim to receive “death benefits.” Along with financial compensation for lost wages, you may also receive compensation for funeral expenses. Securing death benefits, however, isn’t always easy, and typically requires assistance from an experienced workers’ compensation attorney.
Steps to Take After a Forklift Accident at Work
The steps you take in the immediate aftermath of a forklift accident can have a dramatic impact on both your recovery and your compensation claim. Although each case is different and requires a unique approach, most injury victims can benefit from taking the following steps:
- Seek immediate medical attention for your injuries
- Report the workplace accident to your employer
- Connect with a workers’ comp lawyer with experience in forklift accident injuries
- File Form DCW-1
- Appeal, if necessary
Remember, a denied claim is not necessarily final. Your workers’ compensation lawyer for forklift accidents can help you appeal this decision, and you can even take the case to the Supreme Court.
Frequently Asked Questions
If you’ve suffered serious injuries in a forklift accident at work, you probably have a lot of questions. The best way to find answers is by soliciting legal advice from a trusted attorney. In the meantime, check out the answers to some of our most frequently asked questions.
Does workers’ compensation cover forklift accidents?
Yes, workers’ compensation covers all work-related accidents. As long as you were carrying out your normal duties at the time of the forklift accident, you can file a claim. That being said, your claim may be denied under certain circumstances. For example, independent contractors are not typically eligible for workers’ compensation benefits. In addition, an insurance company might deny your claim if you were intoxicated at the time of the accident. Finally, it may make more sense to file a personal injury lawsuit in certain circumstances, as injury claims can lead to higher compensation.
How can a workers’ compensation attorney help me after a forklift injury?
A workers’ compensation attorney can help you gather evidence after a forklift accident, and this can help you establish the legitimacy of your injuries. They might also help you draft official injury reports, fill out forms, and appeal negative decisions. While representing you at the negotiation table, your lawyer can push back against low settlement offers and help you pursue higher levels of compensation.
How long do I have to file a workers’ compensation claim for a forklift injury?
In California, there is a one-year statute of limitations for workers’ compensation claims. If you fail to file your claim within this period, you may struggle to secure compensation. The general rule is simple: The sooner, the better. That being said, this time limit only begins once you become “aware” of your injury. For example, you might wake up from a coma several years after your forklift accident. In this case, the one-year time limit would begin once you regain consciousness.
How can I prevent forklift accidents in the workplace?
The best way to prevent forklift accidents in a California workplace is proper training. Many of these accidents are caused by forklift drivers who have not been sufficiently trained on operation and safety protocols. Employers can also avoid forklift accidents by conducting regular maintenance and repairs.
Why retain a forklift accident lawyer?
Many California workers choose to retain forklift accident lawyers after insurers deny their workers’ compensation claims. A lawyer can help you appeal your denied claim – and this can help you pursue compensation even if insurers have already refused to provide you with a settlement. That being said, you can also work with a forklift accident lawyer from the very beginning to avoid preventable mistakes and increase the chances of success.
Contact James Koh: a Dedicated Workers’ Compensation Lawyer in California
While forklifts are crucial for California’s economy, human workers are even more vital. More importantly, they are irreplaceable. While your employer might repair a damaged forklift after an accident, your life might never be the same. Fortunately, you can fight for your rights effectively alongside a workers’ compensation lawyer for forklift accidents. These legal professionals can negotiate on your behalf, ensuring you receive fair compensation for medical expenses, missed wages, and other damages.
If you have lost a loved one to a fatal forklift accident, we can also help you pursue vital financial support. Remember, online research is only the beginning of your legal journey. To take the next step, book a consultation with a qualified workers’ comp attorney in California. Choose James Koh to help you pursue compensation with confidence and efficiency.
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