Forklift accidents in the workplace can lead to serious injuries and complex legal questions. If you’ve been hit by a forklift at work, you may be entitled to compensation through workers’ compensation or even a personal injury lawsuit, depending on the circumstances. Understanding your legal options is essential to protecting your rights and securing the compensation you deserve.
Keep reading for more from our Florida personal injury lawyers, then call (561) 655-1990 for a free consultation.
Workers’ compensation for forklift injuries
In Florida, most employers are required to carry workers’ compensation insurance under Florida Statutes § 440.10. If you were hit by a forklift at work, you likely qualify for benefits, which can include:
- Medical expenses: Coverage for doctor visits, surgeries, rehabilitation, and medications.
- Lost wages: Compensation for time missed from work due to the injury.
- Disability benefits: Payments for temporary or permanent disabilities resulting from the accident.
Workers’ compensation is a no-fault system, meaning you don’t need to prove your employer’s negligence to receive benefits. However, filing a claim promptly and accurately is critical to avoid delays or denials.
When can you file a personal injury lawsuit?
In some cases, you may be able to pursue a personal injury lawsuit in addition to—or instead of—workers’ compensation. Common scenarios include:
- Third-party liability: If a third party, such as a subcontractor or equipment manufacturer, caused or contributed to the accident, you may have a claim against them.
- Employer negligence: If your employer’s gross negligence or intentional misconduct caused the accident, you may be able to file a lawsuit outside of workers’ compensation.
- Defective equipment: If the forklift was faulty or malfunctioned due to a design or manufacturing defect, you could pursue a product liability claim against the manufacturer.
Proving liability in a forklift accident
Establishing liability requires evidence that demonstrates negligence or fault. Important steps include:
- Documenting the accident scene: Take photos or videos of the forklift, your injuries, and any hazardous conditions.
- Identifying witnesses: Gather statements from coworkers or bystanders who saw the accident.
- Preserving equipment records: Maintenance logs and inspection records for the forklift may reveal mechanical issues or negligence.
- Consulting experts: Accident reconstruction specialists or safety experts can strengthen your case.
Common injuries caused by forklift accidents
Forklift accidents can result in severe injuries, including:
- Broken bones or fractures
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal organ damage
- Amputations
These injuries often require extensive medical treatment and long-term care, which can significantly impact your quality of life and financial stability.
Why legal representation matters
Navigating the aftermath of a forklift accident can be overwhelming, especially if you’re dealing with physical recovery and financial strain. The experienced attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can evaluate your case, identify all potential sources of compensation, and advocate for your rights.
Contact us for a free consultation
If you’ve been hit by a forklift at work, don’t wait to explore your legal options. Contact Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation. We’re here to help you get the compensation you deserve.
