Forklifts are a common piece of equipment at warehouses and in many stores. Workers use forklifts to move pallets or other materials that are too heavy to lift by hand. Unfortunately, more than 50,000 people around the country are injured in forklift accidents each year, and they need expensive medical care to recover. Call McCravy, Newlon, Sturkie & Clardy today to speak with a Spartanburg workers’ compensation lawyer about your forklift accident. We have helped many injured workers receive benefits following an accident at work.
Take These Steps After a Forklift Accident at Work
Accidents are painful and disruptive. But taking these steps after a forklift accident can improve your chances of receiving compensation.
- Obtain Immediate Medical Attention
Forklifts are heavy pieces of machinery, weighing up to 20,000 pounds even without any material on the fork. When fully loaded, they can add several tons in weight.
Our clients have been injured when the forklift tips over or material slides off the front. Some of the most serious injuries include:
- Fractures
- Crush injuries
- Traumatic brain injuries
- Amputations
- Back injuries
- Spinal column injuries
- Paralysis
Early medical attention can improve the chances of making a full recovery. It might also save your life. If you can’t move around, ask someone to call an ambulance. Otherwise, you should talk with your supervisor. In South Carolina, your employer can pick which doctor you see to receive treatment.
- Report the Accident to Your Supervisor
South Carolina law requires that workers report any on-the-job accident to their boss within 90 days. (South Carolina Statutes § 42-15-20(B).) If you miss this deadline, then you could lose the ability to seek workers’ compensation benefits as part of a forklift accident claim.
Prompt reporting helps your case in many ways. Your employer can save any evidence of the forklift accident, such as surveillance video. They can also start a workers’ compensation claim faster.
Prompt reporting protects other people at your job, who could also be injured in a forklift accident at work. What if you are in significant pain and stuck in the hospital? You should still try to call so that you are under the 90-day deadline.
- File a Workers’ Compensation Claim
Workers’ comp in South Carolina provides no-fault benefits to workers injured on their job. You can usually receive medical care without charge, provided it is reasonable and necessary. You should not pay out of pocket.
Workers might also qualify for temporary total disability or partial disability benefits. Forklift accidents tend to cause major injuries. Workers often need weeks or months off work to recover. That means a loss of income.
You can start a workers’ compensation claim by filling out Form 50 and mailing it to the South Carolina Workers’ Compensation Commission. You get two years to file the claim. This deadline is different from the one to report the accident initially to your employer (which is 90 days).
Seek out legal assistance if you do not know what material to submit as part of your claim. Call our office to speak with a Spartanburg workers’ compensation lawyer for assistance filling out the necessary paperwork.
- Keep Up with Your Medical Treatment
After initial treatment to stabilize your condition, your doctor might recommend physical therapy or other rehabilitation, which is necessary to improve your physical health. With sufficient rehab, some people can make a full recovery, while others will at least improve their condition as much as possible.
Your forklift accident claim is impacted if you stop treatment early. Your employer might claim you are still disabled because you have declined care. That could mean termination of your workers’ comp benefits.
- Consult a Spartanburg Workers’ Compensation Lawyer
Some injured workers have their initial forklift accident claim denied. They are in a state of shock and don’t know what to do. These claims are denied for many reasons:
- You are not sufficiently injured.
- You did not report the accident within 90 days.
- You filed your claim too late.
- You are really struggling with a pre-existing injury.
Many insurers simply don’t want to pay benefits to workers, since that cuts into their profit margin. You should talk with a lawyer about your claim. Share any denial letter you have received so we can identify the best way to respond.
Workers’ compensation benefits represent a considerable amount of money. According to the National Safety Council, the average workers’ comp claim for a broken bone or crush injury is more than $53,000.
- File an Appeal, if Necessary
Too many workers have their claims denied. Helpfully, you can file an appeal and present evidence showing why you are entitled to benefits. There are important deadlines to meet, and a lawyer is a big benefit.
- Discuss Whether You Can Bring a Third-Party Claim
Under the workers’ compensation system, you cannot sue your employer for your injury, even if they were negligent. However, you might have a valid personal injury claim against someone else. One option is to sue the forklift manufacturer if there was a defect. You can seek full compensation for all losses in a product liability case:
- All lost wages or income. Workers’ comp only provides a portion of lost wages.
- Pain and suffering compensation. Workers’ comp does not pay anything for general damages.
- Mental distress or emotional anguish. These losses are likewise not covered by workers’ comp.
This type of third-party claim can increase the amount of money you take home and provide a sense of justice. Let us review whether this is an option for you.
Speak with a Spartanburg Workers’ Compensation Lawyer Today
Any forklift accident can leave people with major injuries. The workers’ compensation system was designed to step in and help people like you after an on-the-job accident. Unfortunately, many valid claims are denied, and workers are left in a lurch. We can help. McCravy, Newlon, Sturkie & Clardy have won many workers’ comp appeals, and we are eager to learn more about your case. A lawsuit might also be an option, which we can discuss in a free consultation at our office. Contact us today!