A man in pain on the ground after being hit by a forklift in a warehouse.
How to Avoid Injuries from Forklift Accidents
While accidents can happen at any time, there are valuable steps you and your coworkers can take to prevent avoidable disasters and save lives.
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- Make sure you are properly trained. Before getting behind the wheel of any vehicle, you should have the appropriate official training. No matter how cautious and alert, you will never be fully prepared to avoid an accident if you haven’t been trained in the operation of the vehicle.
- Know your vehicle’s limits. Just like humans, machines have limits that can cause injury if surpassed. Manufacturers include specific limits for speed, lift capacity, and care that workers should not exceed. It may sometimes seem easier to cut corners when following a manufacturer’s advice, but it’s never worth risking your life or the lives of others.
- Be cautious moving heavy weights. The most common forklift accidents are rollovers, or the tipping of the vehicle on its side due to poorly distributed weight. A forklift operator’s job is to move heavy weights, especially up and down, which can quickly become a dangerous balancing act. Move slowly and make sure to center the load to avoid slipping.
- Remain alert and aware of your surroundings. Have a partner who can remain a safe distance from the vehicle but within your line-of-sight alert you and others of the surroundings and vehicle’s intended movement. Use any mirrors available to you to look for obstacles and people. Never operate heavy machinery while fatigued.
Read L&I’s Forklift Safety Guide for more detailed information and training on how you can prevent yourself and others from forklift injuries.
Is Your Forklift Accident a Third-Party Claim or a Washington State L&I Claim?
Third-Party Claim
A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.
Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.
If your back injury leaves you out of work for an extended period of time, you may be entitled to compensation for pain, suffering, and lost wages.
Washington State L&I Claim
A Washington state L&I claim results from a workplace injury or occupational disease. An L&I claim is monitored and managed by an L&I Claims Manager who sees the process through from initial claim filing to closure. If all goes as planned, your claim is accepted by L&I and you will receive certain benefits.
When you are injured or contract certain types of illnesses at work, you are entitled to certain workers’ compensation benefits. You can file an L&I claim in Washington state through the L&I website’s File Fast tool, by calling the L&I office at 877.561.3453, or at your doctor’s office. After you file, it is imperative that you call an experienced L&I attorney to help you navigate the L&I claims process.
What Compensation Can You Recover?
- Medical benefits: L&I medical benefits will cover all medical costs associated with your claim. This can include doctor appointments, treatments, surgeries, occupational therapy, and prescription medications.
- Time-loss benefits: If you are approved for time-loss benefits, you may receive compensation for the lost wages and vocational rehabilitation.
1. L&I disability pension: a life-long benefit awarded to injured workers who will never be able to return to any gainful employment due to a severe or life-threatening injury.
2. Permanent partial disability (PPD) award: a one-time sum paid to injured workers when their L&I claim is closed. The worker can re-enter the workforce following a PPD award.
3. Claim resolution settlement agreement (CRSA): an L&I settlement option where all parties agree to close an injury claim for a specified amount. When agreeing to this settlement type, the injured worker exchanges all future L&I benefits, except medical, for the payment.
We understand that many families depend on the income of an injured worker, and our Forklift Accident Attorneys are dedicated to winning the benefits and compensation you are entitled to by law. Our practice was founded on a commitment to advocating for workers’ rights, and we are proud of our record protecting the injured and disabled. Call us today for a Free Case Review with an experienced Intake Specialist and learn how Emery | Reddy may be able to help. No fee unless we recover for you.
