Forklift truck accident compensation is generally limited to workers compensation benefits; however, in some cases a third party (another company that is not the employer of the injured worker) can be sued for additional money, including amounts for pain, suffering and emotional distress.
These claims arise when a third party (not the employer of the injured worker) is legally responsible for the accident because it is the owner of the forklift, the employer of the forklift driver, the employer of another worker who caused the accident, the owner of the freight being hauled or the owner of the premises where the accident occurred.
Investigation of Forklift Truck Accident by Attorney
There are a number of factors that could have contributed to the forklift accident that injured you or your loved one. A thorough investigation of a forklift accident tries to uncover evidence of any of the following:
- lack of training or improper training of forklift operator
- speed of forklift at time of accident
- lack of proper tools, attachments and accessories
- poor maintenance of forklift
- improper backing up
- improper turn
- improper warning about the forklift in use
- poor communication
- riding or giving rides on forklift or load
- parking the forklift improperly
- improper blocking of wheels on a semi-trailer or railway car
- stunt driving
- jerky, erratic driving
- inadequate servicing of the forklift
- crowded, cluttered aisle
- unsafe volume of traffic in work area
- unsafe condition of ramp
- unsafe condition of loading dock
- poorly stacked or piled cargo on the pallet
- pallet in poor repair
- load too heavy
- malfunction of brakes
- malfunction of steering
- malfunction of clutch, shift linkage, or transmission
- malfunction of mast assembly
- leaks in hydraulic systems or transmission
- safety devices lacking, inadequate, or malfunctioning.
Attorney Eric Hageman represents workers injured by third parties, including semi-trailer truck drivers seriously injured while loading and unloading freight. Call Eric for a free consultation at 1-888-377-8900 (toll free) or submit our free consultation form. Our lawyers represent clients throughout the United States.