Getting Compensation for Forklift Accidents and Injuries in the Workplace
A forklift accident lawyer in Laredo fights for Texans injured on the job
You were doing your job. Maybe you were loading a truck, checking inventory, helping a patient, or fixing a piece of equipment. Then it happened – a forklift accident you never saw coming.
Now you’re in pain, and you may be out of work for an extended period of time. The medical bills are piling up, and you’re not sure what to do next. And worst of all, your employer might not even believe you or offer to help.
This is more common than you realize. Data shows that in 2023, 67 work-related deaths were caused by forklifts. Additionally, 24,960 days away from work, restricted work, or transferred duties were reported in 2021 to 2022.
Laredo forklift injury lawyer John R. Solis understands how hard this moment can be. For years, he’s fought for everyday Texans whose lives were shaken by workplace injuries. If you’re hurting and wondering what to do next, you’re not alone.
What causes forklift accidents?
Forklift accidents can happen for a number of reasons. Most of them come down to human error, poor training, or unsafe working conditions. Here are some of the most common causes:
- Inadequate operator training: Driving a forklift requires specific skills and knowledge of safety protocols. Without that, even a small mistake can lead to serious injuries.
- Speeding or reckless driving: Just like with cars, driving a forklift too fast or without caution can cause tip-overs, collisions with other workers, or crashes into racks and shelves.
- Overloading or unbalanced loads: When a forklift is carrying more weight than it’s designed to handle, or when the load isn’t balanced properly, it can easily tip over or spill.
- Poor workplace layout or visibility: Tight spaces, blind corners, and cluttered aisles can make it hard for forklift drivers to see where they’re going. Limited visibility increases the risk of striking someone or something.
- Lack of maintenance or faulty equipment: Worn brakes, steering issues, or hydraulic failures can lead to mechanical problems that cause accidents.
- Improper turning or stopping: Sharp turns, sudden stops, or uneven ground can cause a forklift to become unstable and tip over, especially when carrying a heavy load.
Why are forklift work injury cases in Texas so complicated?
Unlike most states, Texas doesn’t require all employers to carry workers’ compensation insurance. That means some businesses (called non-subscribers) don’t have this coverage at all.
If your employer is a non-subscriber, you can’t file a typical workers’ comp claim. Instead, you might need to take legal action directly against your employer to recover compensation. That’s a big deal. It means your employer can’t just deny the claim and walk away. But it also means the burden falls on you to prove they were negligent.
A forklift accident attorney in Laredo knows the tricks non-subscriber employers use and how to build a strong case to hold them accountable.
What types of workers are affected by forklift accidents?
Forklift accidents can impact several types of workers across multiple industries, especially those who operate or work near heavy machinery in fast-paced environments. These include:
Warehouse workers
These employees are the most frequently impacted. Forklifts are used daily to load, unload, and move products. Forklift accidents can happen during operation or when workers are on foot nearby. Common injuries include:
- Crush injuries from tip-overs
- Being struck by a forklift
- Falling loads
Forklift operators
Even trained operators are at risk, especially when equipment malfunctions, safety protocols aren’t followed, or when they work under rushed conditions or poor visibility. Operators often suffer from rollovers and ejections, as well as back and neck injuries from jolts or collisions.
Shipping and receiving personnel
These workers are often positioned near docks, trucks, or pallet stations. They can be hit by reversing forklifts, or injured during loading/unloading mishaps.
Construction workers
Forklifts are common on construction sites to transport materials. Hazards increase when terrain is uneven, visibility is poor, or workers aren’t trained on site-specific risks.
Manufacturing plant employees
In factories, forklifts move heavy equipment and raw materials. Narrow aisles, blind corners, and crowded floors increase the chance of accidents.
Retail stockers and backroom staff
Big box stores and wholesale clubs often use forklifts to stock large inventory. Staff in these environments are exposed to risks, especially if barriers, mirrors, or warning systems are lacking.
Maintenance and repair personnel
These workers may be injured while inspecting, repairing, or maintaining forklifts, especially if the equipment isn’t properly shut down.
What should I do after a forklift accident at work?
If you were hurt in a forklift accident, a workplace injury lawyer in Laredo can help you get compensated. But first, there are certain steps you must take to initiate and build your claim:
Get medical attention right away.
Even if you think you’re okay, get checked out. Some injuries don’t show up right away, and delaying treatment can make things worse. Seeing a doctor right after the forklift accident also helps create a medical record, which is helpful for your case.
Report the forklift accident to your employer.
Tell your supervisor or manager what happened as soon as possible. Don’t wait. In Texas, if you delay reporting the injury, it can make it harder to get any benefits or compensation. Also, keep a copy of the incident report for your record.
Find out if your employer has workers’ compensation.
If your employer has it, you’ll go through that system to get your medical bills and lost wages covered. If they don’t have workers’ comp, things work differently. You may have to file a lawsuit directly against your employer to get compensated, but that also means you could be entitled to more than what workers’ comp usually covers. For example, a personal injury claim against your employer could help you get compensation for pain and suffering.
Don’t sign anything or give a recorded statement without talking to a lawyer.
Insurance companies (and sometimes even your employer) might try to get you to make a statement or sign paperwork that limits your rights. Don’t do it without getting legal advice first. Anything you say to insurance companies or any agreements you make can hurt your chance of getting the full compensation you deserve.
Keep all medical records.
Keep a copy of your medical report, as well as any bills, receipts, prescriptions, and appointment logs. This will help prove the seriousness of your injury and how much money you’re eligible.
Talk to an experienced workplace injury lawyer in Texas.
Forklift accident cases can be complicated. However, an experienced Laredo forklift accident attorney can sort out your claim for you, handle all the legal paperwork, and negotiate for a fair settlement on your behalf. An attorney can also investigate what happened and quickly gather evidence and witness statements to build your case.
What challenges might I face in my Texas forklift accident claim?
In a Texas forklift accident claim, one of the biggest challenges you’ll likely face is dealing with the insurance company. Whether it’s your employer’s insurance provider or a third party’s, their main goal is to keep their costs down, not to look out for your well-being. They may downplay your injuries, argue that the forklift accident was your fault, or claim that your injuries were pre-existing.
If your employer is a non-subscriber to workers’ comp, things can get even trickier, as their insurance provider may fight harder to avoid liability altogether. You might be pressured to give a recorded statement or accept a quick settlement that doesn’t come close to covering your long-term needs. That’s why having a forklift accident law firm in Laredo on your side can make all the difference. Attorney John R. Solis knows the tactics insurers use and how to fight back.
Get the legal support you need after a forklift injury on the job
If you were hurt in a workplace forklift accident, it can feel like the odds are stacked against you. However, attorney John R. Solis is here to help you take back control. Whether your forklift accident was caused by unsafe equipment, a careless coworker, or a negligent employer, we’ll investigate the situation, build your case, and fight for the compensation you deserve.
During your free consultation, we’ll listen to your story, explain your legal options, and answer all your questions. There’s no pressure, no cost, and no strings attached. We also work on a contingency fee basis, which means you don’t pay us unless we win your case. You’ve already suffered enough; you shouldn’t have to worry about legal fees on top of everything else.
To get started on your claim, contact us online to schedule your free case evaluation. We proudly represent English and Spanish-speaking clients and are ready to stand up for you.
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