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Forklift Accident Injuries: What to Do Immediately After an Accident

Posted by Emily Ruby | Sep 09, 2024 | 0 Comments

Person on floor after forklift injury

Forklift accidents are all too common, with many operators experiencing severe injuries or even death every year. Due to the gravity of these accidents, it's crucial for workers to understand their legal rights if they are injured on the job. A forklift accident lawyer can help you explore your compensation options.

If you were involved in a forklift accident, these are the steps you should take immediately.

Table of Contents:

What to Do Immediately After a Forklift Accident

First and foremost - safety. Ensure you are not in immediate danger.

If it's safe to do so, check on others involved. Call 911. Regardless of the severity, medical professionals must assess everyone involved. Don't downplay injuries, even if you feel fine.

Adrenaline is a powerful thing. What might seem like a minor ache now could be something far more serious. Remember, this is about protecting yourself, both physically and legally.

Document EVERYTHING

After ensuring everyone is safe and seeking medical care, documentation becomes your best friend. Write down everything you remember about the accident - the time, the location, the people involved, what you saw, what you heard. Was there a malfunction? Did something seem "off" about the forklift before the accident? Even seemingly insignificant details could be important later on.

If there were any witnesses, try and get their information as well. These first-hand accounts can be crucial in corroborating your experience.

Forklift accident cases can get complex fast. It's not always as simple as worker's compensation, especially if there's debate over who is at fault. Perhaps a faulty forklift part contributed to the accident, leading to a personal injury lawsuit against the manufacturer.

If you're unsure where to turn after an accident in California, consider seeking a free consultation with a lawyer experienced in forklift accident cases. They can assess your specific circumstances and help determine the best course of action. Remember, this is your life, your health. You deserve to have someone knowledgeable on your side.

Understanding the Dangers of Forklifts

Forklifts, while essential for various industries, are inherently dangerous. They are powerful machines, often carrying thousands of pounds, sometimes exceeding tens of thousands of pounds.

Think about that weight for a second. Imagine the force involved. Now, factor in the potential for accidents.

The Centers For Disease Control and Prevention estimates that over 100 fatalities and 20,000 injuries occur yearly from forklift accidents. This data reveals that in 2020, there were 78 forklift-related work deaths, alongside 7,290 nonfatal injuries that required time off. It paints a clear picture: this isn't a niche issue. It's a serious concern across multiple industries in the U.S. We often think about construction sites or warehouses when visualizing forklifts. However, they're also in our grocery stores, department stores - essentially, anywhere that requires moving large goods.

Common Causes of Forklift Accidents: Not Just a Driver Issue

People often jump to blaming the forklift operator after an accident. While operator error is a contributing factor in some instances, multiple factors come into play. For instance, speed is often a culprit. The Occupational Safety and Hazard Association (OSHA) states that forklift operators should maintain a speed of five miles per hour or less.

That may seem slow, but the faster a forklift moves, the less time a driver has to react. Even a seemingly minor increase in speed can have dire consequences when tons of weight are in motion. But forklift accidents aren't always about speeding.

Think about visibility. Forklifts, by their design, can have massive blind spots. It's difficult to see around a large load. In some cases, even driving in reverse with the load facing forward doesn't eliminate all blind spots.

Let's not forget mechanical failures. A brake malfunction, a faulty tire, or even improper maintenance can lead to catastrophic events.

Improper training is another aspect often overlooked. Operating a forklift is not as simple as it looks. It requires specialized knowledge and understanding of the machine's mechanics, safety protocols, and load distribution. Inadequate training increases the likelihood of an accident. 

FAQs about Forklift Accident Injuries: What to Do Immediately After an Accident in California

What should my first action be after a forklift accident?

Your safety and the well-being of those around you should take priority. Move to a safe location, check on others involved, and immediately call 911. Seek medical care, even if you feel fine, to ensure no hidden injuries are present. Document everything.

Who should I report the forklift accident to in California?

Notify your supervisor or employer immediately. File a formal report with your employer, providing all details. In California, workers' compensation claims are handled through the Division of Workers' Compensation, and a claim should be submitted promptly.

Should I hire a lawyer after a forklift accident in California?

While not always necessary, speaking to a forklift accident attorney in California can be beneficial, especially if negligence is suspected. Legal complexities, like product liability, might require specialized legal advice. An attorney can guide you and help secure the appropriate compensation for medical expenses, lost wages, and more.

What type of legal recourse is available for forklift accident victims in California?

In California, workers' compensation insurance usually covers workplace accidents. However, suppose the incident involves a defective forklift or a third party's negligence. In that case, you may have grounds for a personal injury lawsuit separate from worker's comp. An experienced attorney can evaluate your specific case and advise accordingly.

Conclusion

When forklift accidents occur, prioritizing safety, seeking immediate medical attention, thorough documentation, and exploring potential legal options are all key steps in navigating this unfortunate situation effectively. Remember, your health, your rights, your well-being are worth fighting for.

Those who would like assistance from proven forklift injury lawyers can give us a call or engage with our chat to obtain a free case evaluation.

About the Author

Emily Ruby

2022 "Women in Law" Award Winner, Emily Ruby, focuses on complex cases, many of which involve catastrophic injuries and deaths. Mrs. Ruby has personally obtained more than $100 Million in compensation for her clients with an impressive 97.4% success rate and is a graduate of the prestigious CAALA Trial Academy. She was selected as one of Forbes' Best Wrongful Death Lawyers and is a writer for Advocate Magazine.

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