Forklift accident claims
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Forklift accidents are incredibly dangerous
Forklifts are dangerous because they are heavy and can cause serious injuries or even death if not used properly. Some common causes of forklift accidents in the workplace include:
- Lack of training
- Poor surface conditions
- Overloading
- Improper turning
- Poor maintenance or equipment malfunction
What should I do?
If you have experienced an injury at work due to a forklift accident, there are a few things you should do to take care of yourself and prepare for the possibility of a workers' compensation or a personal injury lawsuit:
- Get medical attention immediately. While the full extent of your injuries may not be immediately apparent it's important that you seek medical treatment as soon as possible. A doctor can document your injuries and make sure you receive the treatment you need. This will help to document your injuries and establish a timeline for your recovery.
- Notify your employer in writing. You should notify your employer in writing of the incident that led to your injury, when it occured and your intent to seek appropriate medical attention. This will create a record of the incident and help you if you decide to file an insurance claim or lawsuit later.
- Take photos of the accident scene. This could include photos of the hazard that caused you to fall, as well as any injuries you sustained. Photos can be helpful evidence in a personal injury lawsuit.
- Get the names and contact information of any witnesses to the accident. Witnesses can provide valuable testimony about what happened, and their statements can be used to support your claim.
- A copy of the company accident report. Accidents must be documented by your company. Request and retain a copy of this accident report which will be helpful when determining your course of action.
- CCTV footage of the accident. Any video recording of the accident will help establish the facts and circumstances that led to your injury.
How much is my claim worth?
The amount of compensation a forklift accident victim is entitled to can vary depending on the specific circumstances of the accident and whether the victim's compensation is paid as part of a workers' compensation insurance claim or a personal injury lawsuit. Some considerations are:
- The victim's Lost wages. The victim may be entitled to compensation for lost wages if the injury or illness prevents them from working.
- The victim's current and future Medical expenses. The victim is entitled to compensation for all of their reasonable and necessary medical expenses related to the accident. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to their treatment.
- Vocational rehabilitation. Vocational rehabilitation is a workers' compensation benefit that helps employees with physical, psychological, emotional, or health impairment overcome barriers that often hinder them from returning or maintaining their jobs³. Vocational rehabilitation focuses on returning the injured worker to the original employer².
- The severity of the victim's injuries. The more serious the victim's injuries, the more compensation they are likely to receive. This includes both physical injuries, such as burns or impact to health, as well as emotional injuries, such as post-traumatic stress disorder (PTSD).
- Death benefits. The family of the deceased employee may receive an additional death benefit.
- The degree of employer negligence. In rare cases, an employees injuries may be the result of extreme indifference or reckless disregard for employees' safety. Gross negligence on behalf of the employer may impact the amount of settlement an injured employee receives.
Speak with an attorney
It is important to speak with an attorney if you have been injured at work. An attorney can help you understand your legal rights and options, and they can represent you in a workers' compensation claim or personal injury lawsuit if necessary.