Forklift accidents can lead to catastrophic injuries and sometimes death for workers. Since many forklift accidents happen on the job, these incidents often are handled through worker’s compensation claims.

However, an injured worker can potentially file a personal injury lawsuit for negligence when a forklift accident was caused by negligence. You should consult with a Philadelphia forklift accident lawyer from Marrone Law Firm LLC immediately if you were hurt by a forklift.

Common Forklift Accident Injuries

When dealing with heavy machinery such as a forklift, a failure to use caution or adhere to relevant safety guidelines can have devastating consequences. When a person is operating a forklift vehicle in a negligent manner, this can further increase the chance of an injury.

The Occupational Safety and Health Administration has implemented standards and guidelines when operating a forklift to reduce the chance of an accident. For example, OSHA has implemented standards regarding loading and unloading, working with hazardous materials, and required maintenance. Some examples of forklift accidents that can lead to injuries or fatalities include:

  • A victim was struck or crushed by a forklift
  • A forklift tips over
  • A victim was struck by a load that fell off a forklift
  • A victim fell from a forklift platform
  • A fall from an object struck by a forklift, such as a ladder

These accidents can occur due to negligent actions, such as:

  • Inadequate forklift training
  • Failure to perform maintenance
  • Operating the forklift at an excessive speed
  • Moving a load that exceed the forklift’s weight capacity
  • Operating a forklift while overworked or fatigued
  • Operating a forklift while under the influence of drugs or alcohol

When a forklift accident is caused by negligence or wrongful actions, an injured worker should contact a Philadelphia lawyer to understand their legal rights.

Employers Can Have Liability For Forklift Accidents

Since most forklift accidents happen at work, injured employees will often first pursue compensation through the state’s workers’ compensation system. Employers are required to obtain workers’ compensation insurance to cover expenses from job-related injuries under Pennsylvania Workers’ Compensation Act.

Workers’ compensation can cover losses such as medical expenses and lost wages due to missed time at work. Although workers’ compensation is generally the exclusive remedy for workplace injuries, certain situations can require that an injured employee file a negligence lawsuit to recover damages for their injuries. Some potential factors that can allow an injured employee to file a negligence lawsuit are:

  • The employer did not maintain workers’ compensation insurance, whether illegally or through an exemption
  • The injured victim is a third-party contractor who is not covered under workers’ compensation laws
  • The injury was caused by an employer’s intentional misconduct

Consulting with a Philadelphia attorney about a forklift accident can help someone understand their legal options aside from the workers’ compensation system.

Since some forklift accidents are caused by manufacturing defects, design flaws, and a failure to include adequate warnings, an injured worker may also have a valid lawsuit against the manufacturer of the forklift. The state holds manufacturers of defective products strictly liable for the resulting injuries.

Time Limits to File Forklift Accident Claims

One of the most critical steps in obtaining compensation for workplace injuries or in a personal injury lawsuit is filing a claim in a timely manner. Delays in bringing a claim may result in a victim forfeiting their legal rights.

For workers’ compensation claims, the state generally requires that an injured victim give notice to their employer within 120 days of the injury. If the claim is denied, the employee has three years from the date of injury to file a petition to request a hearing before a workers’ compensation judge.

When the injured victim is seeking to file a personal injury lawsuit for negligence, 42 Pa. Cons. Stat. § 5524 generally requires that the claim is filed within two years of the injury. Speaking with a Philadelphia attorney as soon as possible after a forklift accident can help an injured person understand the timeline to file their claim.

Ask a Philadelphia Lawyer About Forklift Accident Claims

Forklift accidents can have a devastating financial impact on an injured victim and their family. In some cases, the injury can limit a person’s long-term ability to retain employment.

You should contact Marrone Law Firm LLC when you or a loved one have suffered injuries from a forklift accident in Philly. Our firm can help you understand your legal rights and navigate the legal hurdles that will lead to compensation.