Forklifts provide a necessary service for many types of Florida businesses. Unfortunately, some companies fail to establish proper safety and training protocols, leading to serious forklift accidents and injuries.
If you sustained a serious injury because heavy machinery like a forklift, you will need comprehensive medical care. If you cannot return to work, you may have bills piling up, and you could struggle to get the treatment you need to recover.
If your injuries occurred due to negligence, you may have a valid compensation claim. A workers’ compensation lawyer in Miami, FL, can help you build your case and file your claim.
At the Law Offices of Anidjar & Levine, we help clients who have sustained serious injuries involving forklifts. Contact us today for a free case evaluation.
Which Types of Forklift Accidents and Injuries Are Most Common?
If you work with or around forklifts, the chances of sustaining an injury are unusually high. Based on workplace safety statistics, you are more likely to sustain a serious or life-threatening injury.
According to the Occupational Safety and Health Administration (OSHA), safety standards for the operation of forklifts ranked among the top 10 most frequently violated in 2017.
Workers commonly get hurt in forklift accidents in the following ways:
- Falling from a forklift;
- Being struck by a falling object;
- Being struck by a forklift;
- Suffering injuries if a forklift overturns;
- Being crushed between a forklift and an object;
- Being caught in a forklift; or
- Suffering burn injuries in an engine fire.
The majority of these incidents should never have happened. In fact, implementing safety policies and providing proper operator training could prevent 70 percent of forklift accidents.
Common types of forklift injuries include:
- Amputations of limbs or digits;
- Internal injuries;
- Broken or crushed bones;
- Internal injuries;
- Spinal cord injuries;
- Head concussions or brain injuries;
- Burns;
- Lacerations; and
- Fatalities
Unfortunately, many people sustain serious forklift-related injuries due to negligence. This includes situations where employers failed to:
- Adequately train drivers;
- Enforce safety guidelines; or
- Maintain proper equipment maintenance.
Employees who overload a forklift, drive it excessively, or operate the equipment on unstable terrain can also cause an accident. Many other accidents occur because of unsafe conditions on a job site or defective equipment.
Do You Need a Lawyer to Recover Compensation?
If your injuries happened when you were working, you will likely need to file a workers’ compensation claim. Our Miami workers’ compensation lawyers can help you navigate this process to ensure you get the benefits you deserve under the law.
It is important to note that, in most cases, you cannot sue your employer if the company is in good standing with the workers’ compensation system. However, if your injuries occurred because of the negligence of a third party, you have options for getting additional compensation.
How Can I Hold a Third Party Liable for My Damages?
If we can identify someone other than your employer who was responsible for your injuries, we can hold them liable for your damages. This could include a job site owner, an equipment manufacturer, or another person or company involved in your accident.
To prove liability, we will demonstrate the four legal elements of negligence:
- The at-fault party had a duty of care to keep you reasonably safe from harm;
- They breached that duty of care;
- The at-fault party’s breach of duty led directly to your accident and injuries; and
- You sustained damages as a result of the at-fault party’s negligence.
We will use our network of resources to build the strongest possible case for you. Our team will document your damages by supplying your medical bills, wage statements to prove lost wages, and medical expert testimony to project your future costs of care and lost income. Then, we will submit your claim to the at-fault party’s insurance company and negotiate to ensure you get a fair financial settlement. If the insurance company does not offer an adequate sum for your injuries and damages, we can file a Miami personal injury lawsuit and make your case in court.
Due to the complex legal nature of job site injuries, safety violations, and employer responsibilities, these claims require extensive documentation to establish fault and liability. We work with accident reconstruction specialists and medical experts to demonstrate how negligence caused your injuries.
Our compassionate legal team will work aggressively to expedite your case, helping you achieve the best possible outcome in the shortest possible time. Throughout this process, we will protect your legal rights and ensure you get the treatment you need for your injuries. This will allow you to focus on your health and recovery.
What Will Your Forklift Accident and Injury Settlement Award Be?
Although it is impossible to predict exactly how much your claim could ultimately be, forklift accidents typically lead to severe injuries, equating to higher settlement amounts.
To determine the value of your claim, our legal team will start by totaling all your medical bills and care costs to date. We will also include your lost wages for the time you have missed work thus far.
We will consult with medical experts to determine the value of any future treatment, medications, care, rehabilitation, and therapy you may require and include that as a part of your claim.
Next, our team will communicate with your doctors and medical specialists to determine how long you have to be out of work and, once you return, whether you will require a different type of job or less physically taxing workload. We will also calculate the value of any lost opportunities resulting from your injuries.
Finally, we will include a dollar value for the pain and suffering you endured as well as your loss of life enjoyment.
If you suffered any permanent damage or disability due to your forklift accident, we would add the equivalent legal value to your claim total.
Get a Free Case Evaluation From a Forklift Accident and Injury Lawyer in Miami.
If you sustained injuries in a forklift accident in Miami, contact the Law Offices of Anidjar & Levine today.
We offer free consultations and case reviews where we can evaluate your claim and help you explore your options. You do not have to face this challenge alone. Contact us today to learn how a forklift accident and injury lawyer can help you.
We Can Help.
