Forklift Accidents on Construction Sites

Forklift accidents in the workplace often lead to catastrophic injuries. Unfortunately, victims of these types of incidents can struggle to recover compensation, even when they are covered through workers’ comp. Here, we want to discuss how forklift accidents occur, who may be held liable, and what steps injury victims can take to ensure they are treated fairly and recover the compensation they need.

Common Causes of Forklift Accidents on Construction Sites

Forklifts are essential for moving materials on construction sites, but their operation involves significant risk. Here are some frequent causes of forklift accidents:

• Inadequate Training. Washington law mandates that forklift operators receive comprehensive training to minimize accident risks. However, some construction sites fail to provide adequate training, leading to improper handling and accidents involving these heavy pieces of machinery.
• Poorly Maintained Equipment. Faulty or poorly maintained forklifts are prone to malfunctions, putting operators and nearby workers in danger.
• Overloading. Exceeding a forklift’s weight capacity can make it difficult to control, increasing the chances of tipping over. Overloading is a common cause of forklift-related injuries.
• Improper Surface Conditions. Forklifts require stable, level ground to operate safely. Construction sites with uneven or slippery surfaces create higher risks for tipping or collisions.
• Operator Fatigue. Construction shifts are often long and demanding, which can lead to operator fatigue. Fatigue reduces reaction time, heightening the risk of accidents.

By addressing these risk factors, construction companies can reduce forklift-related accidents, but when safety measures are ignored, injured workers have options for recourse.

Seeking Compensation: Workers’ Compensation vs. Third-Party Claims

After a forklift accident, Washington workers have multiple options to pursue compensation for their injuries. Here, we outline the differences between workers’ compensation and third-party personal injury claims.

Workers’ Compensation

Washington’s workers’ compensation system provides benefits to employees injured on the job, regardless of fault. For forklift accident victims, workers’ compensation can offer:

• Coverage for Medical Expenses. This includes hospital stays, surgeries, medications, and ongoing rehabilitation.
• Lost Wages. Injured workers can receive a percentage of their lost income during recovery.
• Disability Benefits. Workers who suffer permanent injuries may be eligible for partial or total disability benefits.

Workers’ compensation does not cover pain and suffering or other non-economic damages. If another party is responsible for the accident, you may have the right to pursue a third-party claim in addition to workers’ comp.

Third-Party Personal Injury Claims

When a party other than your employer contributes to a forklift accident, you may file a personal injury claim against that party. Third-party claims can help recover damages not available through workers’ compensation, such as pain and suffering, loss of quality of life, and punitive damages. Some common third-party claims related to forklift accidents include:

• Product Liability Claims. If a forklift malfunctioned due to a design or manufacturing defect, the manufacturer could be held liable.
• Subcontractor Negligence. If a subcontractor’s negligence caused the accident, such as improper placement of materials that blocked visibility, you may be able to file a claim against them.
• Premises Liability Claims. Property owners may be liable if hazardous site conditions led to the accident.

Pursuing a third-party claim can increase your overall compensation and ensure you receive adequate coverage for your physical and emotional recovery.

Steps to Take After a Forklift Accident

If you are involved in a forklift accident, taking the following steps can help protect your health and strengthen your claim:

1. Seek Medical Care Immediately. Your health is the priority. Medical records documenting your injuries can also serve as critical evidence.
2. Report the Incident. Notify your direct supervisor about the accident. Filing a detailed incident report is essential for your workers’ compensation claim.
3. Document the Accident Scene. If you can, take photos of the scene, the forklift, and any other equipment involved. This documentation may prove useful if you pursue a third-party claim.
4. Consult an Attorney. An experienced Portland workplace injury attorney can help you navigate the claims process and determine if a third-party lawsuit is an option. They can gather evidence, negotiate on your behalf, and build a strong case.

Proving Negligence in a Third-Party Forklift Accident Claim

To win a third-party claim after a forklift accident, you must demonstrate that the responsible party’s negligence led to your injuries. Here’s what your attorney will need to establish:

1. Duty of Care. The defendant owed you a duty to act responsibly and avoid causing harm.
2. Breach of Duty. The defendant failed to meet this standard by acting negligently or recklessly.
3. Causation. The breach of duty directly caused your injury.
4. Damages. You suffered measurable losses as a result, such as medical expenses, lost income, and pain and suffering.

Gathering evidence, including accident reports, eyewitness testimony, and expert opinions, is crucial in proving a third-party claim. An attorney can help guide you through the process and ensure you present a compelling case.

Why You Should Consult an Attorney After a Forklift Accident

Navigating the legal process after a workplace injury isn’t easy, regardless of whether you will recover money through workers’ compensation or if you need to file a lawsuit. Consulting an attorney with experience in construction accident cases ensures that you understand all your options and that your rights are protected. An attorney can:

• Help File Your Workers’ Compensation Claim. This includes making sure all paperwork is completed accurately and submitted on time. We do this for you.
• Evaluate Potential Third-Party Claims. They will identify liable parties and gather evidence to build a strong case.
• Negotiate on Your Behalf. Whether with insurance companies or other attorneys, a skilled lawyer can advocate for a fair settlement that fully covers your losses.

Contact Paulson Coletti Trial Attorneys PC for Assistance

If you or someone you know has been injured in a forklift incident on a construction site, Paulson Coletti Trial Attorneys PC is here to help. Our experienced construction accident attorneys understand the challenges injured construction workers face and are committed to securing the compensation you deserve. You can contact us for a completely free consultation of your claim by filling out our contact form or calling us at (503) 862-8712.