If you have been hurt in a work accident involving a loading dock, a forklift, or other heavy equipment, you are not alone. According to the National Institute of Health and Safety, nearly 20,000 people in the United States are injured every year as a result of these workplace misfortunes. About one quarter of all deaths in these cases result from forklifts toppling over. Unfortunately, forklift accidents are relatively common. Forklifts are dangerous, and like all pieces of heavy machinery, must be operated with the highest level of caution.
Many Forklift Accidents are Preventable
Forklift accidents are especially tragic because so many of these accidents could have been prevented if more precautions were taken. Employers have a legal obligation to make reasonable efforts to protect the safety of their workers. According to the Occupational Safety and Health Administration (OSHA) the most common cause of forklift accident injuries is simply a lacking of employee training. The next most common causes are rushing employees beyond the point of safe operation, and negligent forklift maintenance. In all of these scenarios, it is clear that Texas employers are not placing an adequate priority on worker safety. Other concerns are taking precedence over worker safety, and that needs to change.
Causes of Forklift and Loading Dock Accidents
Improperly loading forklifts
Not securing trucks receiving the loads
Lack of safety training
Driving with loads at improper heights
Driving too fast
Forklift Injuries: What are my Legal Options?
Understanding the steps to take after a workplace injury can be confusing. A work injury lawyer can help you make sure that your case is handled properly and can make sure that every possibility for recovering compensation is explored. Many Texas forklift workers are covered by workers’ compensation insurance. However, in some cases, you may also have a claim against a third party. Modern job sites are complicated, and your work injury may have been caused by someone other than your employer. An example would be an injury caused by the negligence of another contractor on the job site. Not all forklift workers are covered by workers’ compensation. Many Texas employers are what is known as workers’ compensation non-subscribers. In non-subscriber work injury cases, an experienced attorney is especially important. You will often need to file a work injury lawsuit in order to reach a settlement that gets you full and fair compensation.
Contact An Experienced Texas Forklift Injury Lawyer
Forklift accidents remain a major problem. National Institute of Health and Safety data shows that almost 20,000 people are injury in forklift accidents every year. These victims deserve full and fair compensation for their injuries. The legal team at the Law Offices of Ronald A. Ramos has extensive experience dealing with Texas forklift accident injuries. If you have been injured on the job, we will help. Contact our office today to schedule a free legal consultation.
Common Causes of Forklift Accidents in San Antonio
Forklift accidents happen in warehouses, construction sites, and industrial facilities throughout San Antonio and South Texas. Many of these incidents are preventable and result from employer negligence, inadequate training, or unsafe working conditions. Common causes include lack of proper operator training and certification, poorly maintained equipment with faulty brakes or steering, overloaded forklifts that exceed safe weight limits, obstructed views and blind spots in busy work areas, and slippery or uneven floor surfaces.
Under OSHA regulations, employers are required to provide comprehensive forklift training and maintain equipment in safe working condition. When employers cut corners on safety, workers pay the price with serious and sometimes fatal injuries.
Types of Injuries from Forklift Accidents
Forklift accidents often cause devastating injuries due to the size and weight of these machines, which can weigh over 9,000 pounds. Victims may suffer crushed limbs or amputations when caught between the forklift and another object, traumatic brain injuries from being struck by a forklift or falling loads, spinal cord injuries that can lead to partial or complete paralysis, broken bones and fractures throughout the body, and internal organ damage from crushing or impact forces.
These injuries frequently require extensive medical treatment, multiple surgeries, and long-term rehabilitation. Many forklift accident victims are unable to return to their previous jobs, resulting in significant lost wages and reduced earning capacity.
Your Legal Options After a Forklift Accident
If you were injured in a forklift accident at work in Texas, you may have multiple paths to compensation. If your employer carries workers’ compensation insurance, you can file a claim for medical expenses and partial wage replacement. However, Texas does not require employers to carry workers’ comp, and many do not. If your employer is a non-subscriber, you may be able to file a personal injury lawsuit to recover full compensation including medical bills, lost income, pain and suffering, and future damages.
In some cases, a third party such as a forklift manufacturer or maintenance company may share liability for your accident. An experienced San Antonio work injury attorney can evaluate your situation and help you understand which legal options are available to you.