Forklift Accidents: Can You Receive Compensation?
Forklifts are an essential vehicle at construction sites and warehouses. They easily move pallets and other heavy materials from one point to the next. Unfortunately, like any motor vehicle, forklifts can get into accidents. Construction workers or even members of the public can sustain significant injuries in an accident with a forklift. Contact Pita Weber Del Prado today to obtain legal advice about your rights.
Compensation for a Forklift Accident
Our clients are injured in all types of accidents, including:
- The forklift can collide with a construction worker or another vehicle at the site.
- Tip-overs. A forklift might tip over because it is overloaded or the operator drives too aggressively. Anyone standing near the forklift can suffer devastating crush injuries.
- Falling loads. The materials on the fork can slide off and land on someone. This heavy material can crush limbs and cause significant injuries.
- Falls off a loading dock. Some forklifts fall off the dock or in the space between the dock and the trailer pulled up to it. The forklift operator can suffer significant injuries.
- Mechanical failures. Forklifts can malfunction due to problems with brakes, hydraulics, or other mechanical parts. Accidents can happen even if the forklift operator is acting with sufficient care.
The ability to receive compensation depends on the identity of the victim. Many of our clients are construction workers hurt by a falling load or pedestrian collision. They end up in the hospital with fractures, concussions, and crush injuries. Consequently, some need an amputation or must spend months at home recovering.
Injured workers can receive workers’ compensation benefits if they are hurt on the job. Florida requires that most employers purchase an insurance policy. Workers’ compensation will provide critical benefits, including medical care and some wage loss benefits.
An employee who is hurt in a forklift accident cannot typically sue their employer. This rule limits employees to workers’ compensation benefits in most cases. However, if a product is defective, then you might sue the manufacturer. Imagine a forklift is designed improperly, and loads fall off too easily. You might have a product liability claim against the manufacturer.
A pedestrian or other member of the public can usually sue directly the person responsible. You might sue a contractor, loading company, warehouse, or whichever company owns and operates the forklift. Injured members of the public can request full damages, including medical bills, income loss, pain and suffering, mental distress, and property damage. We strongly recommend meeting with a lawyer instead of grabbing at the first settlement offer.
Speak with a Miami Construction Accident Lawyer Today
Pita Weber Del Prado is an established personal injury firm which has won millions of dollars for our injured clients. We have tackled a variety of construction accident claims, and we know the laws surrounding workers’ compensation and third-party liability. You can trust us to do everything possible to obtain the maximum compensation for your injuries. To find out more about your legal rights, contact us today to schedule a free consultation with a Miami construction accident lawyer.
