Forklift accident philadelphia10/5/2023 ![]() Forklift drivers, employers, contractors, tenants, property owners and managers, forklift manufacturers, and the companies that maintain and repair forklifts, can all be liable for a forklift accident. SMB casts a wide net for potential defendants in all of its forklift accident cases. What were the employer’s operating procedures and practices relating to forklifts?.Was the forklift equipped with driver protection equipment and systems?.Was the forklift repaired and maintained in accordance with industry standards?.Was the employer and workplace complying with all of OSHA’s forklift safety standards?.Once SMB accepts a forklift accident case, our attorneys investigate all relevant issues and demand answers to all of the hard questions: Injuries caused by forklift equipment failure.Injuries from a fall from a ladder or scaffold struck by a forklift.Injuries from a fall from a pallet being moved by a forklift.Workers or others struck by a load toppling from a forklift.SMB’s trial lawyers handle claims involving all of the common types of forklift accidents: Read full disclaimer at the bottom of this page.As a leading national law firm that handles workplace accident cases, SMB has extensive experience representing workers and others who are seriously injured in a forklift accident. It is crucial to speak to a qualified lawyer prior to making any decision about your case. Click To CallĭISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. Our firm has significant experience handling work accident cases including forklift accident cases. Our forklift accident lawyers are licensed in Pennsylvania, New Jersey, Illinois and West Virginia and accept cases in other states such as New York, Delaware, etc. The key in identifying the correct parties is a thorough investigation by an experienced forklift accident lawyer. a forklift maintenance/service company.a forklift manufacturer/retail company, and/or.the forklift operating company (the vendor),.In this instance, multiple parties could be held liable: Related: Can I file a lawsuit for a forklift accident at a marine terminal in NJ? The investigation reveals that the vendor failed to provide proper training for the forklift operator, and the marine terminal operator failed to provide proper lanes of travel for forklifts, pedestrian workers, etc. The worker is run over by a forklift being operated by a vendor. Because forklifts are used across many industries, such as construction sites, factories, manufacturing sites, etc., different parties may be liable for negligence which leads to a forklift accident.įor example, a dock worker at a terminal in NY/NJ is hurt in a forklift accident. The answer to this question will determine who may be liable in a subsequent forklift accident lawsuit. The second issue addresses how or why the accident happened. In the context of a forklift accident, an injured worker may be able to succeed in a lawsuit against an employer who continually falsified forklift accident maintenance records. In PA work accident cases, an employee may bring a lawsuit against an employer whose conduct rises to such a level that the conduct may be considered “intentional.” An example of intentional conduct involves an employer who continually falsifies records, which then results in a work accident. However, there are several exceptions to the general rule. Related: Pennsylvania Workers’ Compensation – Do You Qualify for Workers’ Compensation Benefits? Many states follow the same principle, including New Jersey. In other words, the workers’ compensation claim is the exclusive remedy or recourse. It basically means that an injured worker’s only recourse, as to the employer, is a workers’ compensation claim. This principle is known as workers’ compensation exclusivity. Since most forklift accidents occur at work, workers’ compensation laws as well as tort or negligence laws must be considered.įor instance, in Pennsylvania, workers injured in forklift accidents which occur on the job are usually barred from suing their employers. The specific laws of the state where the accident occurred will generally control who may be sued and held liable in a forklift accident case. Related: Injured in a Forklift Accident? Why You Need to Talk to a Forklift Accident Lawyer what state the accident occurred in, and 2. The truth is workers injured in forklift accidents often have multiple legal options, and who may be held liable depends on 2 main issues: 1. This is actually a very common misconception. ![]() Who is liable for the accident?Īnswer: Many workers who are injured in heavy equipment accidents like forklift accidents often assume that the only recourse is workers’ compensation. Question: I was injured in a forklift accident at work.
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