Forklift accidents often result in death, or at the least, serious, catastrophic injury. These accidents tend to occur at the following kinds of workplaces:
- construction sites,
- piers, and
The vast majority of forklift accidents happen due to forklift driver errors, errors which are almost always preventable. Under OSHA standards, forklift operators have to undergo specific training and they must be certified. Many accidents happen due to lack of training, improper training, or failure to provide or obtain certifications.
Other OSHA standards can come into play, depending on the type of workplace. From piers and terminals to major retailer warehouses, forklift training should be a paramount concern for any employer. However, when accidents occur, the injured worker has two remedies available: file for workers’ compensation benefits AND file a lawsuit or claim against any company responsible for the accident. These two claims are not exclusive of each other, and many workers make both kinds of claims. Doing so maximizes recovery, especially when workers’ compensation only pays a percentage of wage loss benefits.
Next to forklift training, another cause of forklift accidents is product malfunction. When a forklift or component part of a forklift malfunctions, the injured worker can make a product liability claim against the forklift manufacturer or component part manufacturer. Such claims may be based on any one of the following theories: design defect, manufacturing defect or failure to provide adequate warnings. These are the three types of product liability claims which are generally made in forklift defect or malfunction cases.
Having a forklift accident properly investigated is crucial to determine not only the liability of all parties such as a contractor or product manufacturer, but also the types of claims which may be made.
Related Legal Articles:
- Forklift Accident Lawsuit Claims in New Jersey and Pennsylvania
- Three Mistakes You Don’t Want to Make in Your Pennsylvania or New Jersey Construction Accident Case
To submit your case for review by our Pennsylvania and New Jersey forklift accident lawyers, call 800.220.7600. Our lawyers are available for a free, no obligation legal consultation, and have represented many workers in forklift accident cases. Our lawyers can also obtain special admission in other states, such as New York or Delaware, on a case by case basis.
Our forklift accident attorneys serve victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
**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.
Published: June 3, 2012