We will listen to your account of what happened and determine who may ultimately be responsible for your injuries. The best way to determine who is responsible if a forklift accident occurs is to speak with a forklift accident attorney at the Hartley Law Firm. For example, if the forklift malfunctions, you may have a product liability claim against the manufacturer for the defect. However, depending on the specific circumstances of your forklift accident, other third parties may be liable for your injuries, including manufacturers. Instead, the employee must seek relief through the workers’ compensation process. An employer with workers’ compensation coverage is generally shielded from a civil lawsuit, and an injured employee cannot sue for injuries sustained at work.
It is not required, unlike in most other states. In Texas, employers may choose to carry workers’ compensation insurance. Forklift Accidents and Workers’ Compensation Simple, low-cost measures often can prevent severe injury or death from forklift accidents on the job site. Hanging proper signage and warning signs is another way to ensure forklift operator safety.Įvery employer owes a duty to their employees to keep them safe while at work. Sufficient lighting is key to keeping employees safe. Often warehouses and loading docks are dimly lit, and many are operated on a 24-hour basis. Furthermore, adequate lighting can prevent many accidents. A forklift’s ability to drive, lift, and swing in this space is imperative to proper operation.
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Many forklift accidents can be prevented if work areas are free and clear of debris or clutter. In addition to training and maintenance, employers must provide a safe workspace, including clear pathways, well-lit spaces, and proper signage. An employer failing to service forklifts as required could lead to preventable accidents.
Equipment must be adequately maintained and serviced. Equipment MaintenanceĪll employers also must make sure their equipment is in safe working order. Safe operation starts with adequate and appropriate safety training. Proper TrainingĮvery employer has a duty to ensure employees and operators of forklifts have formal training. Employers must provide safe working conditions, which include proper training, necessary equipment maintenance, and a safe work environment. Under Texas law, employers owe a duty of care to their employees. Who Is Responsible for a Forklift Accident? Schedule a consultation with one of our experienced forklift accident attorneys today. There are many causes of forklift accidents, and your employer may be liable for your injuries. Machine Malfunctionįorklifts are heavy machinery often utilized in busy work environments. If an employer is negligent in training or maintaining a safe work environment, they may be liable for your injuries. Improper trailer restraints to prevent separationĮvery employer must conduct business with a certain level of care and diligence.Failure to post proper warning signage,.If you were injured by a negligent forklift driver, contact us at the Hartley Law Firm for representation. Operator negligence is one of the most common reasons for forklift accidents. There are three common causes of forklift accidents: operator negligence, employer negligence, and machine malfunction. Most forklift accidents are caused by negligence, and most can be prevented with proper precautions and safety measures. However, several are more common than others. There can be infinite causes of forklift accidents. The Hartley Law Firm is available to speak with you today. An experienced workers’ compensation lawyer can assist you in determining your eligibility and options. No matter the type or severity of the injury, you may be entitled to compensation. Wear and tear forklift injuries may include chronic back pain from sitting for extended periods. However, many forklift injuries are chronic and develop slowly over time. These types of forklift injuries are often acute and happen in an instant. Common forklift accident injuries include: The complexity of forklift machinery and the fast-paced operations of a warehouse can often lead to accidents and injuries. If you or someone you love was injured in a forklift accident in Texas, contact the forklift injury attorneys at Hartley Law Firm to discuss your options. Forklifts are heavy machinery that, if not operated properly or maintained correctly, can cause serious injuries or death. According to the National Safety Council (NSC), forklifts were responsible for 78 work-related deaths and 7,290 nonfatal injuries involving days away from work in 2020.
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