Maison Law represents injured forklift operators in Fresno. If you or a loved one has suffered a forklift injury while on the job in Fresno, there may be additional damages you’re entitled to receive through workers’ compensation and the party that caused your accident. Speak to one of our dedicated Workers’ Compensation Attorneys and see what legal options are available to you by contacting us today.
Forklift Injury Workers’ Compensation Benefits
According to California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. This coverage applies to full-time, part-time, and even temporary workers. Workers’ compensation in California is a “no-fault” system, meaning you can be eligible for benefits regardless of who was at fault for your injury or illness. Benefits available to workers injured in a forklift accident include:
- Medical Care: covers all reasonable medical treatment related to your injury or illness
- Temporary Disability Benefits: benefits paid if you’re unable to work while recovering
- Permanent Disability Benefits: if you don’t fully recover from your injury, you may be entitled to permanent disability benefits
- Supplemental Job Displacement Benefits: if you cannot return to your previous line of work, these benefits can help cover the costs of retraining or skill enhancement
- Death Benefits: in the unfortunate event of a fatal injury, dependents of the decedent are entitled to death benefits
How a Lawyer Can Help
The victims of forklift accidents in the workplace can greatly benefit from the assistance of a Workers’ Compensation Attorney. Lawyers will conduct a thorough investigation into your injury by:
- Visiting the scene of the accident
- Interviewing witnesses
- Determining fault
- Bolstering your claim
By partnering with a workers’ compensation lawyer, they can manage effective communication between you, workers’ comp insurance, and other lawyers involved in your claim to exercise every legal avenue of compensation. Depending on the circumstances of the forklift accident, a third party, such as a property owner, contractor, or parts manufacturer may be responsible for your injuries. In this case, an attorney can help you receive additional compensation for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
Common Causes of Forklift Injuries
Many different factors lead to forklift injuries. However, the majority of forklift injuries can be attributed to a combination of human error and mechanical failure. The most common causes of forklift injuries include:
- Speeding: certain forklifts are capable of traveling at surprisingly high speeds. Extra caution is necessary when operating fast-traveling forklifts because speeding increases the likelihood of rollover crashes, especially when taking sharp turns. Speeding also presents a danger to workers outside of the vehicle as they may not be able to avoid a speeding forklift.
- Sudden Reversals: a sudden reversal can end up harming unsuspecting workers within proximity of the forklift. Forklift operators come to a stop and check their surroundings anytime they begin reversing.
- Miscommunication: poor communication is one of the leading causes of workplace hazards, according to OSHA. The route and where forklifts are operating should be communicated to every worker. Effective communication can help forklift operators and their coworkers avoid unfortunate collisions.
- Failed Maintenance: a forklift is only safe if routine maintenance is performed. It is the responsibility of the employer to ensure routine maintenance is performed or to provide training to their employees, so they can perform maintenance checks.
- Jumping off forklifts: when a forklift begins to tip over, many drivers’ first reaction is to jump off the vehicle. But jumping off a falling forklift is the last thing you want to do. It is much safer to remain inside the forklift as the driver seat cage is designed to shield drivers from injury.
- Improper use: when forklifts are used for anything other than lifting heavy cargo, accidents can ensue. If forklifts are used as makeshift ladders or cherry pickers, accidents are almost guaranteed.
- Poor training: sufficient operations and safety training can save lives. Forklift accidents can be severe and employers are responsible for providing all forklift operators with training.
OSHA Safety Regulations to Protect Los Angeles Fork Lift Injuries
To minimize the severity and frequency of forklift accidents, the Occupational Safety and Health Administration (OSHA) has established a series of safety guidelines for workers and employers to follow. If any of these guidelines are not followed and someone gets injured, then a number of parties can be held liable for damages in a personal injury lawsuit. The liable parties may include:
- The forklift manufacturer
- The property owner
- Your employer
- A Government entity
- A contractor
The set of guidelines required by OSHA for forklift operations includes:
- Employees must be over the age of 18 to operate a forklift
- All operators must be trained and certified
- All forklift equipment must be maintained and inspected
- All forklifts must be examined for defects before using
- No modifications that affect the capacity and safety of the forklift can be made without written consent from the manufacturer
- All safe operation procedures must be followed for picking up, moving, putting down, and stacking loads
The Role of Union Workers in Forklift Injury Workers’ Compensation Claims
Forklift workers who are members of a union may be entitled to additional protection. Unions advocate on behalf of their members to ensure their right to receive the benefits they are entitled to by California Law, as well as their CBA. However, it is important to know that union representatives are not lawyers, so it is still important to speak with a Workers’ Compensation Attorney to advocate on your behalf when negotiating with insurance carriers, defending you in front of the Workers’ Compensation Appeals Board, and in court.
Contact a Fresno Forklift Injury Workers’ Compensation Lawyer
Navigating the workers’ compensation process can be complex, especially if you are fighting by yourself to get the benefits you’re entitled to. Forklift injuries are often severe and require extensive medical treatment, which can, unfortunately, be difficult to get approved through workers’ compensation. The skilled attorneys at Maison Law have years of experience in managing workers’ compensation cases and have helped injured forklift workers across Fresno. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you won’t be charged a cent unless your case is won.
