In San Bernardino, warehouses and construction sites rely on forklifts and the employees that operate them. These powerful machines can move massive loads with ease, but they also come with serious risks. When accidents happen, an injured employee may confront long recovery times, lost income, and an uncertain future.
Most employers in California must carry workers’ compensation insurance, but navigating the system and its benefits is often complex. A San Bernardino forklift injuries lawyer could explain which protections apply to an employee’s situation and what remedies may be available.
Risks of Forklift Accidents
Forklifts weigh thousands of pounds and are often used in tight spaces across California worksites. Using machinery with such incredible force can mean even small mistakes result in major harm. These risks can include:
- Tip-over accidents, where the forklift becomes unstable and rolls onto its side
- Struck by accident when the forklift collides with an object or a worker
- Falls concerning employees either riding on the lift or working at elevated heights
- Load-related accidents where unsecured materials fall during transport or lifting
Because of these dangers, Cal/OSHA requires operators to complete certification and periodic evaluations. Employers must also maintain forklifts properly. Despite these preventative measures, forklift injuries continue to occur, often from violations of standards or unsafe practices.
Common Forklift Injuries
The injuries caused by forklift accidents are often severe and can include:
- Crushing injuries or amputations when pinned by the machinery
- Traumatic brain injuries caused by falling loads or collisions
- Back and spinal injuries if the forklift tips over or falls
- Broken bones and fractures from impacts
- Internal injuries or bleeding from being struck by equipment
Injuries such as these usually require emergency medical care and possibly extended rehabilitation. The good news is that these and other forklift-related injuries can qualify for workers’ compensation benefits, and sometimes third-party claims.
What Does Workers’ Compensation Cover?
The workers’ compensation system in California provides a safety net for employees injured in forklift-related accidents. In most cases, this is an employee’s only recourse for obtaining benefits relating to medical care and costs.
When an employee qualifies for workers’ compensation, the coverage helps pay for hospital treatments and prescriptions (Labor Code § 4600). It also provides temporary or permanent disability benefits, depending on whether the impairment is short or long-term (Labor Code §§ 4653, 4658).
If an injury resulting from a forklift accident is so severe that it renders the employee no longer able to work the same position, they can apply for a Supplemental Job Displacement Benefit voucher, which can support job retraining. When the incident proves fatal, death benefits can be afforded to surviving dependents under Labor Code § 4701.
Third-Party Liability in Forklift Accidents
Though workers’ compensation is typically the only remedy against an employer (Labor Code § 3602), forklift accidents sometimes involve additional responsible parties.
If the machinery itself had a design or manufacturing flaw, the manufacturer may be responsible under Civil Code § 1714. A contractor responsible for keeping the forklift in safe working condition and failing to do so may share liability, as might a contractor who created hazards that lead to the forklift-related injuries.
Accidents occurring on government property raise the possibility of pursuing a claim against a public entity. These claims require additional paperwork, including a Government Claim, which must be filed within six months of the incident.
Moving Forward After a Forklift Accident With the Help of a San Bernardino Lawyer
Forklifts and the employees that operate them provide vital support to many industries in San Bernardino and California at large. When a workplace accident involves this machinery, the effects can be devastating and far-reaching.
The good news is that state law provides protections and remedies for employees working under such high-risk circumstances. Consider speaking with a San Bernardino forklift injuries lawyer to understand the options available to you and begin the journey towards recovery. While no result is guaranteed, having a trusted advocate can make the path forward less overwhelming. Contact us today.
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