What Are My Options if a Third Party Caused My Forklift Accident in Miami?

Forklifts are among the most common types of machinery used in construction sites, factories, and warehouses. As with any heavy machinery, however, improper or unsafe operation of a forklift can lead to a serious accident. Additionally, injuries can occur if there is a defect in the design, manufacture, or maintenance of the forklift itself.

A question our Miami personal injury lawyers at Pita Weber Del Prado often get is, “If I’m injured in a forklift accident at work, am I limited to just receiving workers’ comp benefits?” In many cases, the answer to this question is an emphatic “no.” In fact, we have successfully brought personal injury claims against third parties for forklift accidents that occurred while our clients were on the job.

How Third Parties Can Be Held Accountable for Forklift Injuries

For example, in 2020 we obtained a $5.5 million settlement for a security guard who sustained a broken foot and a serious ankle injury after he was hit by a forklift driven by a warehouse employee. This was far more than the client could have ever received through a Florida workers’ compensation claim. The reason we were able to do this is that the defendant was not our client’s employer, but rather a third party.

One thing that is often misunderstood about workers’ compensation in Florida is that it only protects an employer from personal injury lawsuits. Basically, as long as your employer maintains workers’ compensation coverage and provides you with the required medical and wage replacement benefits following an on-the-job accident, you cannot file a personal injury lawsuit against them.

But this does not apply to any third parties who caused your accident. And in our experience, more often than not a work-related forklift accident involves at least one negligent third-party actor. Here are a few examples:

• Forklifts should always operate on a stable surface with unobstructed pathways. If a property owner does not maintain their premises in such a condition, they can be held responsible for a subsequent accident under Florida premises liability law.
• Forklift accidents often occur in areas traveled by pedestrians. Obviously, a pedestrian struck by a forklift is not an employee and can therefore sue the negligent forklift operator and their employer. But sometimes it is the pedestrian who is at-fault for causing the accident by creating an obstruction. In that scenario, the injured forklift operator could have a third-party personal injury claim against the pedestrian.
• Forklifts are complex pieces of machinery. As such, they are prone to faulty design, manufacturing, and maintenance. For instance, if a forklift accident occurs due to faulty brakes, the injured operator could file a Florida product liability lawsuit against the company that manufactured the forklift or the bad brakes. And if the forklift was a rental vehicle, the rental company could also be at-fault.

Contact a Miami Forklift Accident Lawyer Today

To reiterate, just because you were injured on the job in a forklift accident, that does not mean you are necessarily limited to workers’ compensation. The Miami forklift accident lawyers at Pita Weber Del Prado can review your case and advise you of your options. Our team includes a Florida Board Certified Civil Trial Attorney who specializes in this type of personal injury claim. So call us today at 305-670-2889 to schedule a free consultation.