Call Us!Forklift Injury Lawyer
Any accident that involves heavy machinery can result in catastrophic injuries. People who work in the construction industry tend to sustain the highest numbers of workplace injuries, with machines, such as forklifts and cranes, causing all manners of harm.
If you have suffered an injury in a forklift accident, filing a workers’ compensation claim may be possible. At Bachus & Schanker, our team of forklift injury lawyers can assist you through this process.
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What Should I Do After a Forklift Accident in Colorado?
After a forklift accident, you must immediately get medical care. These accidents often cause severe, life-altering injuries that need to be addressed immediately.
If the accident happened at your place of work, you will need to let your employer know, so you can begin the workers’ compensation claim process.
Also, start gathering evidence of how the accident occurred. Take photos and videos of the location, the forklift, and your injuries, and speak with witnesses as well.
What Are the Most Common Causes of Forklift Accidents?
Forklift accidents can occur for many reasons, including operator error. Accidents can also be the result of:
- Inadequate training
- Distracted operators
- Reckless driving
- Speeding
Additionally, the forklift itself could be the problem if it malfunctions. There could be loading errors, too. Exceeding the maximum weight that the machine can hold could result in it tipping or rolling over. Unsecured loads could cause injuries, as well.
What Types of Injuries Can Forklift Accidents Cause?
A forklift accident can result in injuries that range from mild to severe. The most common include:
- Soft tissue injuries
- Broken bones
- Spinal cord and back injuries
- Internal organ damage
- Traumatic brain injuries
- Crush injuries
- Lacerations and cuts
The size and weight of these machines make catastrophic injuries very likely.
Who Can Be Held Responsible for a Forklift Accident?
Multiple parties may be responsible for a forklift accident, depending on the exact circumstances.
The forklift operator could be responsible if the accident occurred because of their wrongful conduct, as can the employer if they failed to provide proper training, neglected maintenance, or violated workplace safety standards (though holding them liable is almost impossible).
The forklift manufacturer may be responsible if a mechanical failure led to the incident, and maintenance contractors could also be liable.
Can I File a Workers’ Compensation Claim After a Forklift Accident?
If the accident was work-related, it is possible to file a workers’ compensation claim. All employers in Colorado, with only very limited exceptions, must carry workers’ compensation insurance, so any injury related to your work may allow you to receive benefits.
Can I Sue a Third Party for a Forklift Injury in Colorado?
It is possible to sue a third party. Your coworkers are covered by your employer’s insurance, but contractors typically are not. If their conduct resulted in a forklift accident, you could sue them. The same is true if the accident occurred because of a mechanical failure. If that happens, you may be able to sue the manufacturer.
What Compensation Can I Recover After a Forklift Accident?
If you file a workers’ compensation claim, you can obtain compensation for your medical expenses and your lost wages. You may also be able to apply for Temporary Total or Partial Disability or Permanent Total or Partial Disability, depending on the severity of the injuries.
If you pursue a personal injury claim against a third party with help from a forklift injury lawyer, you may be entitled to coverage for your medical bills, lost wages, lost earning potential, and emotional suffering.
What if a Forklift Was Defective or Improperly Maintained?
If the forklift was defective, you may be able to file a lawsuit against the manufacturer and anyone who should have caught the issue during maintenance. Improper maintenance could be the fault of maintenance contractors.
What if My Employer Failed To Provide Proper Forklift Training?
Suing your employer is rarely possible, even if they were negligent by not providing the right forklift training. You can still file for workers’ compensation and can submit a complaint to the Occupational Safety and Health Administration (OSHA), which will likely earn your employer heavy fines.
What if I Was Partially at Fault for the Forklift Accident?
Workers’ compensation is a no-fault system. Even if you were partly responsible for the accident that caused your injuries, you can still receive benefits. However, it’s always a good idea to hire a workers’ compensation attorney in case insurers dispute the claim.
How Long Do I Have To File a Forklift Injury Claim in Colorado?
If you’re beginning a workers’ compensation claim after a forklift injury, you have four days to let your employer know that you were hurt. After that, you have two years from the date of the injury to file a claim with the Colorado Division of Workers’ Compensation.
If you’re pursuing a personal injury claim, the statute of limitations is generally two years to begin the claim. These two years can start from the date you were injured or when you discovered that you were hurt. It is never a good idea to wait that long to file a claim, though.
How Can Bachus & Schanker Help With a Forklift Injury Claim?
At Bachus & Schanker, our forklift injury lawyers understand the challenges that these accidents can pose. The injuries can be significant, and it may not always be clear who could be held responsible for your losses. We work tirelessly on our clients’ behalf to investigate accidents, gather evidence, and offer an appropriate legal path.
For many, this will mean filing a workers’ compensation claim. If you have an option to pursue a third-party lawsuit, we will provide the full support you need to do so.
From our years of experience with even the most complex of cases, we know how to negotiate with insurance companies to obtain the maximum settlement possible. In instances when it becomes necessary to take the case to court, we have litigation experience as well.
Whether you’re pursuing a workers’ compensation or a personal injury claim, our forklift injury lawyers can help.
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Kyle Bachus & Darin Schanker
Top-rated Colorado-based personal injury lawyers and co-founders of Bachus & Schanker, Kyle Bachus and Darin Schanker, have represented car accident victims and families across Colorado for more than 30 years, earning a reputation as some of the best car accident attorneys for serious injury cases. The firm is structured to handle car accident cases of all types and severities, with a team organized to provide focused support and guidance throughout the process. Kyle and Darin guide victims through the legal process with the support of a dedicated team of car accident specialists and Victim Advocates, ensuring care and advocacy from start to finish so clients can stay focused on healing.
Both Kyle and Darin are nationally recognized for their trial skills and leadership in the legal community. They are members of the Million Dollar Advocates Forum, an exclusive group of attorneys who have achieved million and multi-million-dollar verdicts and settlements, a distinction earned by fewer than 1% of U.S. lawyers. In addition, they have been named Colorado Super Lawyers every year for nearly two decades, included in the Lawdragon 500 Leading Plaintiff Lawyers in America, named Top One Percent by the National Association of Distinguished Counsel, Top 10 Personal Injury Attorneys in Colorado by America’s Best Advocates, and recognized as top civil plaintiff attorneys by The National Trial Lawyers. Beyond the courtroom, they support the Colorado community through the Bachus & Schanker Cares Foundation, which sponsors local nonprofits and initiatives. See Kyle Bachus and Darin Schanker on Super Lawyers.
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#1 Amazon Best Seller in the Legal Industry
Attorney Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your lives. Kyle wrote this book as a resource from his personal experience for families who have suffered a traumatic loss.
A Spanish edition of the book is also available, offering the same support and guidance to Spanish-speaking families.
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