Yes, in many instances, a worker injured in a Pennsylvania forklift accident may be able to file a lawsuit and obtain financial recovery. Claims are common against certain non-employers, such as contractors or subcontractors. These kinds of action are separate from, and in no way depend on, any workers’ compensation claim. This is something commonly misunderstood by workers in Pennsylvania. If you’re injured in a work accident, you have two types of legal rights: 1. a workers’ compensation claim, and 2. a tort/injury claim, if the accident was caused by the negligence of another party.
Forklift Injuries Lead to Serious Injuries
Pennsylvania workers who are injured in job related forklift accidents often suffer critical injuries. Crush injuries are very common. In the long term, workers often suffer permanent injuries, such as the loss of use of an arm or leg. In many forklift accident cases, deaths are common. Therefore, it is crucial to ensure that the injured worker’s legal rights are protected, and in the event of death, it is important to protect the surviving family member’s legal rights, i.e., a wrongful death action.
Common Forklift Accident Lawsuit Scenarios
Forklift injury cases often result in a variety of claims. The most common claims are against a contractor or subcontractor. A forklift operating company (subcontractor) may be liable in a situation where a worker is struck by a forklift. The claim or theory of liability would likely be failure to train or retrain forklift drivers.
Related Case Result: $2.75 million for dock worker injured in horrific forklift accident in NJ
In addition, there may be products liability claims against forklift manufacturers, distributors and retailers. For instance, a forklift manufacturer may be liable for a defect which leads to a forklift malfunction accident leading to major injuries to the forklift driver.
In order to determine who may be sued and the potential theories available, it is vital that a worker injured in a forklift accident seek help from an experienced forklift accident lawyer immediately.
For more information, contact our Pennsylvania and New Jersey forklift accident lawyers.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Last updated: June 9, 2015
Published: July 11, 2012