What are the Main Causes of Injuries When Using Forklifts?

A forklift is a vehicle commonly used in an industrial setting to lift and transport stacked loads of materials – including building materials – from one location to another. Retail businesses, manufacturing plants, loading docks, and warehouses frequently use forklifts regularly. Unfortunately, however, forklift operators and others may become involved in serious accidents and suffer debilitating injuries.

In fact, according to recent statistics from the National Safety Council, in a recent year, approximately 7,940 injuries – and 85 fatalities – occurred at various workplaces due to forklift accidents. When a worker suffers an injury in a forklift accident, they might need to attend medical appointments, take time off work, and incur significant expenses.

If you suffered injuries in a work-related forklift accident, you might be eligible to file a claim with your employer’s insurance company for monetary benefits. In certain instances, you may also be able to file a third-party claim against another individual or entity for negligence, such as due to a manufacturing defect on the forklift.

The experienced Indiana personal injury lawyers at Blackburn Romey understand the seriousness of forklift accidents and the complications that may result. Our legal team could help you investigate your accident circumstances and determine your eligibility for filing a timely third-party personal injury claim or lawsuit arising from your forklift accident. Our skilled legal team will do everything possible to help you maximize the total monetary compensation you recover for your injuries.

To learn more about how we could assist you with your legal matter, please contact us for more information.

What are the Primary Causes of Forklift Injuries?

Forklift accidents and injuries can occur under a variety of circumstances. According to information from the Occupational Safety and Health Administration (OSHA), workers commonly suffer injuries in forklift accidents under the following circumstances:

• A forklift strikes them
• An operator drives a forklift off a loading dock
• A worker falls off the forklift platform
• A forklift falls in the space between a loading dock and a trailer that is not properly secured

Forklift accidents can also lead to fatal injuries. Some of the most common causes of forklift fatalities include:

• Falling from a forklift
• Forklifts that directly strike workers
• Forklift overturns or rollovers

If you suffered injuries in one of these types of forklift accidents, our legal team could help you pursue the monetary benefits and compensation that you need in your case.

 What are the Different Types of Forklifts that May Cause Injuries While on the Job?

Industrial forklifts come in many different shapes and sizes and are used on construction sites, in warehouses, and other similar job environments. A forklift is usually equipped with a powered platform that the operator can lower or raise at will. These vehicles may also contain a large counterweight located in the back. The primary purpose of this counterweight is to balance out the cargo load which the operator raises or lowers.

Forklifts also come in various styles. In some cases, the forklift operator may be able to sit down when they operate the lift. At other times, however, the forklift operator might need to stand up the entire time. Common examples of industrial forklifts include:

• Pallet jacks
• Reach-fork trucks
• Lift trucks
• Side loaders
• Order pickers
• Powered industrial trucks

If you sustained injuries while operating a forklift on the job, you might be eligible to recover various types of monetary benefits and damages. Our legal team could promptly investigate your accident circumstances and determine your eligibility for filing a third-party personal injury claim. We could then help you pursue the full monetary benefits you deserve.

 Common Types of Forklift Injuries

Forklift accidents can lead to severe injuries, which leave workers incapacitated for a significant amount of time – and, in some cases, dead. Injured victims of Indiana forklift accidents may suffer:

• Muscular contusions, sprains, and strains
• Bruises
• Bone fractures
• Rib fractures
• Open lacerations or puncture wounds
• Traumatic head and brain injuries
• Organ damage
• Severed limbs
• Internal bleeding
• Spinal cord or paralysis injuries (both complete and incomplete)

 Important Steps to Take after Suffering a Forklift Injury While on the Job

If you suffered injuries in a forklift accident while on the job – and while working within the scope of your employment – there are several important steps you should take. After suffering injuries in your accident, you should notify your employer and seek medical care as soon as possible. A qualified medical professional can physically examine you, order the necessary imaging studies (including brain scans, MRIs, and X-rays), and render a timely medical diagnosis. Once a doctor has fully diagnosed your medical condition, you should notify your work supervisor – in writing – about the following:

• The date and time of the forklift accident
• The type of work that you were performing when the accident occurred
• A complete description of how the forklift accident happened
• Names and contact information for any individuals who witnessed your accident
• The medical diagnosis that your doctor provided

In addition, you should contact an experienced Indiana work accident attorney as soon as possible. If a person other than your employer or a fellow employee was responsible or even partially responsible for your injuries, the experienced attorneys at Blackburn Romey can help you file a third-party personal injury claim or lawsuit arising from your forklift accident.

 Filing a Workers’ Compensation Claim

Individuals who suffer a workplace injury – including an injury on a forklift – may be eligible to file a claim for various workers’ compensation benefits. These benefits are ordinarily available to injured workers without regard to fault.

The total benefits that an injured worker may be able to recover depend upon a variety of factors, including the severity of their injuries, the circumstances of their accident, and whether or not they had to miss time from work due to their injuries. Some of the most common types of workers’ compensation benefits that injured workers may recover include the following:

• Medical expenses
• A portion of their lost wages
• Vocational rehabilitation benefits if the injured worker’s injuries prevent them from continuing at their current job
• Various types of permanency benefits if a medical provider determines that the injured worker suffered an injury that is unlikely to get better with time

Our skilled legal team can also determine if you may be eligible to file a third-party personal injury claim for additional monetary damages.

 Filing a Third-party Claim for Damages after Your Forklift Accident

Following a workplace accident that involves a forklift, accident victims might also be eligible to file a third-party personal injury claim for additional monetary damages. However, unlike workers’ compensation claims, third-party injury claims are based upon someone else’s negligence other than your employer or a fellow employee. In the context of a forklift accident, negligence claims may arise from any of the following:

• Manufacturing or design defects that cause the forklift to malfunction
• Operator error
• Negligent maintenance work performed on the forklift
• Negligent or inattentive work supervisors

The injured worker must satisfy several legal elements to recover additional monetary compensation as part of a third-party claim. Specifically, the injured worker will need to show that:

• The at-fault party behaved in an unreasonable, reckless, or careless manner under the circumstances
• As a direct result of this behavior, the forklift accident happened
• The worker suffered at least one physical injury as a direct result of the forklift accident

By successfully satisfying the legal elements of your case, you might be eligible to recover various types of monetary damages. The total damages you may recover as part of your personal injury claim will depend upon the extent of your injuries, the cost of your medical treatment, and whether you suffered a permanent impairment. Some of the most common forms of personal injury monetary damages include compensation for:

• Anticipated medical costs
• Mental anguish
• Pain and suffering
• Loss of life enjoyment
• Loss of use of a body part
• Loss of spousal consortium

If you suffered injuries in a workplace accident that resulted from someone else’s negligence, our skilled legal team could determine your eligibility for filing a third-party claim and pursuing additional monetary compensation. We could also help you negotiate with the at-fault party’s insurance carrier or file a lawsuit and litigate your case through the court system.

Who Is Liable for Forklift Accident Injuries?

Liabilities for forklift accident injuries vary. Sometimes, you can’t hold the forklift operator liable. It all depends on the nature of the circumstances.

Here are a few examples of liable parties:

• Forklift Operator: Forklift operators can cause accidents for various reasons, including reckless driving, overspeeding, distracted driving, fatigue, and transporting unsecured loads. The injured victim can sue for compensation if a driver’s negligence results in a forklift accident.
• Forklift Manufacturer: In some instances, the injured victim can obtain compensation from a manufacturer. Suppose a forklift crushes someone due to faulty service brakes related to a manufacturer defect. In that case, the manufacturer may be liable because of a breach of the manufacturer’s warranty.
• Forklift Owner: The company that owns the forklift is responsible for avoiding accidents by hiring qualified drivers and proper vehicle maintenance.

Where Occupational Forklift Injuries Occur

A forklift is handy for transporting heavy materials in locations like a warehouse or an industrial building.

Forklift injuries are likely to occur in the following areas:

• Construction sites
• Manufacturing companies
• Fulfillment centers
• Mining operations
• Processing zones
• Retail centers

How To Avoid Forklift Accident Injuries

• Carrying Properly Secured Loads: Secure the load before commencing the transport operation. Use banding or shrink-wrap to hold the material property on the pallet. Slow down when approaching the dock and check the ground for a potential liquid spill before proceeding.
• Conduct pre-shift inspections to prevent mechanical failure. The OSHA Act requires forklift operators to inspect their vehicles before an operation to identify any problem that can cause a security concern.
• Comprehensive operator training: Operator training doesn’t guarantee zero forklift accident injuries; however, it equips the operators with skills to avoid hazards and reduce the number of serious accidents.
• Routine equipment maintenance: You can prevent mechanical failure of equipment through regular service from a quality service center. Regular inspections and maintenance can identify a developing problem that could lead to an accident.
• Follow set speed limits: Most manufacturers allow forklift operators to set speed limits on their trucks to prevent speeding accidents.
• Stay within the lift’s capacity: Check the truck’s guidance information to ensure you’re loading within its capacity.
• Install pedestrian barriers: An employer or a proprietor of a warehouse can install a physical barrier that separates forklift traffic from pedestrian walkways to prevent impact injuries.
• Warning lights on forklifts: An employer can install warning lights to increase pedestrians’ visibility, informing them that a forklift is approaching.

Identifying the Leading Cause of Forklift Accidents

Here are the leading causes of forklift accidents you need to be aware of:

• Poorly Trained Operator: A poorly trained operator may need more skills to react to changing work hazards. A driver with comprehensive certification can safely navigate changes in floor gradient, which is a challenge with inexperienced drivers.
• Overspeeding: The high center of gravity and narrow wheelbase make forklifts susceptible to tipping over, particularly at high speed.
• Improper Turning: Navigating corners at high speeds often results in roll-over accidents
• Improper Loading: Loading issues such as overloading, unsecured loads, and imbalance loads can destabilize the forklift, leading to accidents.

 Talk with an Experienced Indiana Personal Injury Lawyer Right Away

If you sustained injuries, you must retain experienced legal counsel in your case as quickly as possible. At Blackburn Romey, our team can review all of your legal options with you and help you decide on the best option for your case and circumstances. We could also take the necessary actions to help you maximize the monetary compensation you deserve to recover for all of your injuries and losses.

For a free case evaluation and legal consultation with a knowledgeable Indiana personal injury lawyer, please call us at 219-769-7415 or contact us online today.