If you work in a warehouse, then there is a very good chance that you use a forklift to do at least part of your job. There are other businesses that also use forklifts, like delivery services for construction supplies, manufacturers, and retail outlet stores. These vehicles make it more efficient to move objects like materials and finished goods. However, they can also be quite hazardous, with the Operational Safety and Health Administration (OSHA) estimating that forklift accidents account for at least 61,800 workplace accidents each year, of which 100 are fatal.
This is why it is vital to understand the dangers of operating a forklift and the types of injuries that can occur. If you or a loved one is injured in a forklift accident here in Mississippi, you are going to need the services of an experienced personal injury attorney to assist you with your case. Workplace accidents, such as those involving a forklift, can be quite complex, with many legal factors to consider.
Causes of Forklift Accidents
Mississippi law requires that all people who are hired to operate a forklift must complete a training and evaluation program provided by an OSHA certified instructor. This is because operating a forklift is very different from running most other types of vehicles. Furthermore, every forklift operator working in this state is required to undergo a re-evaluation every three years. Unfortunately, some employers cut corners, or small business owners may think they can forgo this program if they are the ones operating the forklifts. This can lead to accidents caused by negligence, like not properly operating the device.
Even in situations where the operators have maintained the proper training, forklift accidents can still occur. For example, if the employee is not careful in checking the weight of the intended load, the forklift can tip over. Like most vehicles designed for carrying loads, each forklift is rated for the maximum amount of weight it can carry. If the operator does not check the weight, the forklift can overturn, pinning the worker underneath.
Like other vehicles, forklifts can have collisions. If two or more forklifts are operating in the same area, there is a very real chance that they may collide, especially if both drivers are unaware of each other’s presence. Many employees working in the warehouse can also be injured when struck by a forklift. Also, like other devices, forklifts can experience problems if they are not properly maintained. Problems with wheels, engines, or other moving parts can lead to injuries. Forklifts can also age out of their usefulness, with older models needing to be replaced when they are no longer safe to operate.
It is crucial that operators follow all safety rules. Unfortunately, in the fast paced environment of a warehouse, some operators may be tempted to take shortcuts, especially when under pressure to handle a big order. They may neglect to put on the safety harness before moving the forklift, which can lead to them getting thrown from the vehicle if it has to stop short. Failure to follow all applicable safety rules can lead to catastrophic injuries.
Types of Injuries that Often Occur in Forklift Accidents
The range of injuries that can occur in forklift accidents run the full gamut of possibilities, from minor all the way to fatal. While some operators who get injured are fortunate enough to walk away with a few cuts and bruises, most workers injured in forklift accidents are not so lucky.
Many forklift accidents can result in broken bones, especially when thrown from a forklift or struck by one on the warehouse floor. Employees can often suffer internal injuries from the blunt force of the forklift. Operators involved in rollover accidents can suffer traumatic amputation, with limbs getting severed by the weight of the forklift on their extremities.
Head injuries are also common, especially if the workers and forklift operator are not wearing safety helmets. This can involve brain injuries, which can be temporary like a concussion or involve permanent mental and cognitive impairment.
Another common injury caused by forklift accidents involve the back and spinal cord. In some cases, this can result in chronic back pain, and even paralysis. Finally, a number of forklift accidents each year are fatal.
Legal Remedies for Victims of Forklift Accidents
If you are injured in a forklift accident, your legal remedies may depend on your employment status. If you are an employee of the business that hired you to operate the forklift, then your sole remedy against your employer is workers’ compensation. However, if you were not an employee but were employed as an independent contractor, then you may be able to sue the business that hired you for negligence in a personal injury lawsuit.
Workers’ Compensation
Mississippi requires employers to provide workers’ compensation benefits to employees who are injured on the job. Even if the forklift accident occurred away from the premises of the employer, you are still entitled to get workers’ compensation. This is an expedited process that is no fault, meaning that you do not need to prove that the employer or any coworker caused the forklift accident. Workers’ compensation will provide you with coverage for your medical care, rehabilitation services, and some of your lost wages for the period where you are unable to work due to injury. If the injuries result in a permanent disability for the employee or even death, then there are special benefits that take into account the loss of earning capacity and payments to widows and orphans.
Workers’ compensation is the sole remedy that an employee has against an employer for a workplace accident. However, it does not always cover all injuries suffered by an employee injured in a forklift accident. For example, employees cannot recover for such things as pain and suffering, loss of consortium, diminished quality of life, and emotional distress. In addition, if your employer has a workers’ compensation insurance policy, then you cannot collect beyond the policy limits.
Personal Injury Lawsuit
If you are not an employee of the business that caused the forklift accident, then you can sue the entity in a personal injury lawsuit. This is often the case with businesses that employ forklift operators or others working in a warehouse as independent contractors. With a personal injury lawsuit, you will need to show the business or one of its workers was negligent in the use of the forklift and your injuries were the result of a forklift accident.
The benefits of bringing a personal injury lawsuit is that there is no cap on the monetary amount or type of damages that you can collect against the defendant. This can include things like pain and suffering, as well as the medical and rehabilitation costs that are also covered by workers’ compensation. The downside is that personal injury lawsuits take longer to work their way through the court system, so you will not be compensated as expeditiously as in a workers’ compensation claim.
While employees are unable to bring a personal injury lawsuit against their employers, they can still bring these types of actions against third parties. This may include a business that leased the forklift in question and did not properly maintain it. It may also involve the owner of the jobsite if the accident occurred at a place other than your employer’s place of business. For example, if you work for a warehouse company and were injured delivering building materials on your forklift at a construction site, then you can bring a lawsuit against the property owner and construction company.
Product Liability Lawsuit
In some situations, the employer, operator, and co-workers all followed proper safety protocols for using a forklift, but the accident was caused by a defect in the vehicle. In this situation, an injured employee or other worker can bring a product liability lawsuit against the manufacturer of the forklift. This will require proving that there was a defect in the forklift that was the direct cause of the accident.
If You are Injured in a Forklift Accident, Call Our Firm Today
Forklift accidents are one of the most common causes of workplace injuries. The experienced personal injury attorneys at Chatham Gilder Howell Pittman can provide you with the assistance you need in getting the compensation you deserve for your injuries from a forklift accident.