It’s important to note that if you’ve been in an on-the-job accident, you cannot take your employer’s word on anything. Talk to an attorney to get a true understanding of your options. The call is free, and we will never notify your employer. Call us anytime at (214) 651-6100.
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Injured in a Dallas-area forklift accident and wondering about your legal rights? Call us at (214) 651-6100!
OSHA estimates that there are over 96,000 injuries resulting from forklift accidents in the U.S. on a yearly basis, with about 35,000 of those classified as serious injuries.
Forklifts are an invaluable part of many industrial operations. They are used in manufacturing, construction, warehouses, and many other industries where heavy lifting is required. That being said, forklifts pose a clear and present danger to the people operating them. These accidents often result in injuries, and many are catastrophic.
Forklift injuries can easily land you in hospital for extended periods of time. In addition, some forklift injuries may put you out of work permanently, effectively making it next to impossible to earn a decent living. This financial burden should not be placed on the victim, and that is where a personal injury attorney comes in.
Your ability to sue heavily depends on many circumstances, including whether or not the employer was covered by a workers’ comp insurance policy (approved by the Texas Department of Insurance).
If you or a loved one was injured in a forklift accident, call us at (214) 651-6100 and let us explain your legal options free of charge.
Hear it From Our Clients
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Meet Your Personal Injury Advocates
Our entire legal team is focused on one word: You. You are the most important part of our practice: you, your family, your suffering, your livelihood, and your needs. Let us put our passion for helping others to work for you.
What causes forklift accidents?
Here are just a few of the scenarios and circumstances that have been found to cause forklift accidents:
- Overloading of forklifts leading to them tipping over
- Pedestrians being hit by forklifts
- Loads falling off a machine
- Improper forklift maintenance
- Improper employee training
- Allowing those under 18 to operate the forklift
- Crowded and narrow aisles which don’t leave enough room for forklift maneuvering
- Loss of control by operator
- Improper use
Injuries common to forklift accidents.
Some of the injuries that may arise due to forklift injuries include:
- Broken bones
- Spinal cord injuries
- Crush injuries
- Impalement
- Head and brain trauma
- Severe cuts and bruises
- Electrocution
- Nerve damage
- Wrongful death
What about workers’ comp?
Contrary to popular belief, many industries which employ forklift operators are not covered by true workers’ compensation insurance. While those who are covered by workers’ compensation are barred from filing an injury lawsuit against their employer (except in cases of gross negligence), those not covered by state-run workers’ comp may be able to recover significantly more compensation through a normal work injury lawsuit.
Many non-subscribing employers also buy non-state-approved employee injury compensation policies in an effort to FOOL their employees into thinking that they cannot sue. Do NOT take an employers word for it! Check the Texas Department of Insurance’s website to verify that the coverage is state-approved. Alternatively, our firm can do this for you free of charge.
Because of the complicated nature of workers’ compensation in Texas, it’s extremely important to seek out the services of an experienced Dallas forklift injury lawyer to ensure you get the maximum amount of compensation to cover any bills you may incur during treatment, wages you might have lost when you were out of work on account of your injuries, pain and suffering, future medical expenses, and more.
In addition, there’s a possibility that more than one party could be involved in a forklift injury lawsuit (such as the manufacturer of the forklift through a product liability claim).
A good personal injury lawyer will carry out extensive investigations to find out if any of the following parties contributed to your injury:
- The property owner
- The contractor or subcontractor
- The company that manufactured the forklift
- The building supervisor
- Another employee
How we can help.
Rasansky | McKenzie Law has successfully tried and won countless personal injury cases, and we invite you to get in touch with us for your free consultation. Call us today at (214) 651-6100 or email us using the contact form found on this page and we’ll see how best to help you. The consultation is free, and you never pay us a dime unless we win your case (seriously)! Thank you for choosing us, and we look forward to serving you.
Frequently Asked Questions
Can I sue my employer for a work injury?
It depends. Are you 100% certain that your employer subscribes to the state-run workers’ compensation program? If you’ve verified with the Texas Department of insurance that they do, then the only way you can sue is if the accident resulted in death and was caused by “gross negligence.” Otherwise, your only option to recover compensation would be through a workers’ comp claim.
What is workers' compensation?
Workers’ compensation (often referred to as “worker’s compensation,” “workers comp,” or workman’s comp”) is a state-run, no-fault insurance program which provides injured employees with certain benefits, including partial reimbursement for lost wages. While this seems like a noble effort to help those injured in workplace accidents, it’s almost never enough to cover your true losses. Why should you accept less than 100% of your lost wages due to an accident that wasn’t your fault?
Employers like workers’ compensation insurance because it effectively shields them from personal injury and wrongful death lawsuits. If your employer has workers’ comp, you cannot sue them. Your only option is to go through the workers’ compensation claims process (except if gross negligence was involved). Texas is unique in that it allows employers to “opt-out” of the workers’ compensation program. Many employers will opt out, and then enact a program disguised to look like workers’ compensation in an attempt to fool their employees into thinking that they cannot sue. The best way to determine the status of your employer, and thus your legal options, is by calling a law firm who can verify with the Texas Department of Insurance.
Rasansky | McKenzie Law can do this for you. Call us today at (214) 651-6100.
Am I an employee or an independent contractor?
There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.
An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.
As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.
That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.
Want to know your legal options? Call us at (214) 651-6100 or email us using the contact form on this page for a free consultation.
Can I be fired for filing a work accident claim?
There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.
An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.
As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.
That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.
Want to know your legal options? Call us at (214) 651-6100 or email us using the contact form on this page for a free consultation.
Should I wait for OSHA to finish their investigation?
It is not necessary or even advisable to wait until OSHA finishes their investigation to gather necessary information related to a work accident case. In fact, you should begin gathering information and speaking with attorneys immediately after the accident!
Building your case is important and needs to be done as soon as possible. If you wait for OSHA to finish their investigation (which can take up to six months), you run the risk of potential witnesses forgetting very important information, video evidence being erased, etc, etc…
If an attorney is willing to take on your case, request that they send a spoliation letter to the employer immediately, and allow your legal team to start collecting evidence and building your case. You can be sure that the employer and their insurance company are already working on their defense, and waiting only puts you at a disadvantage right from the start.
Speak With a Dallas Personal Injury Attorney For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
