A forklift is a strong machine often used on construction sites, in warehouses, and in factories throughout South Central Georgia. While they are essential for lifting and transporting heavy materials, forklifts pose serious risks to operators and anyone nearby. Workers can suffer severe injuries if they are struck by a forklift, pinned between objects, or crushed by a falling load. When this happens, the consequences can be life-changing.
At the Law Offices of William F. Underwood, III, P.C., we focus exclusively on workers’ compensation and personal injury cases, providing dedicated representation for individuals throughout the Peach State. If you suffered injuries in a forklift accident, our experienced attorneys can help you pursue the compensation you deserve. Call our law firm today for a free consultation with a forklift injury lawyer in Georgia.
How and Where Forklift Accidents Occur
Forklift accidents often happen in busy workplaces where employees and machinery operate in close proximity. Common causes include:
- Operator error – Inadequate training, lack of experience, or reckless operation can lead to collisions, tip-overs, or workers being struck by a forklift.
- Improper loading – Overloading or unevenly distributing materials can cause forklifts to tip over or spill loads onto nearby workers.
- Dangerous workplace conditions – Cluttered aisles, narrow pathways, and slippery surfaces increase the risk of accidents.
- Mechanical failures – Malfunctioning brakes, steering issues, or hydraulic failures can cause a sudden loss of control.
- Lack of safety measures – Missing warning signs, poor visibility, and absent spotters contribute to dangerous situations.
These accidents can result in serious injuries, including broken bones, crush injuries, and even fatalities.
What Are Common Types of Forklift Accidents?
Forklifts happen in many ways. Our experienced forklift injury lawyers will investigate how the accident occurred and what types of compensation you could receive. Depending on the facts, you may be able to file a workers’ compensation claim or a forklift injury lawsuit. Different rules and procedures apply to workers’ compensation cases and personal injury claims. Maximizing your compensation relies on identifying which type of case you have and following the right process. That’s why it’s essential to contact a lawyer who handles both workers’ compensation and personal injury cases.
Common types of forklift accidents include:
- Forklift overturns
- Struck-by accidents
- Machinery malfunctions
- Forklift falls
- Caught-between accidents
- Falling loads and improper cargo handling
What to Do After a Forklift Injury at Work
After a forklift injury, you must act quickly to protect your health and legal rights.
- Get medical attention immediately, even if you feel fine. Some injuries, like internal bleeding or head trauma, may not manifest symptoms right away but can become life-threatening without prompt treatment.
- Report the accident to your supervisor within 30 days. A formal report records what happened, strengthening your workers’ compensation claim or potential lawsuit. If your injuries allow, take photos of the accident scene, note any safety hazards, and get the names of witnesses who saw what happened.
- Follow your doctor’s instructions. Missing appointments or disregarding medical advice puts your recovery at risk, but can also weaken your case. Taking all medical treatments seriously protects your rights and puts you in the strongest position when seeking compensation through the workers’ compensation system or via a personal injury claim.
How Workers’ Compensation Covers Forklift Injuries
In addition to providing medical benefits, workers’ comp also provides partial wage replacement for an on-the-job injury. Wage-loss benefits include:
- Temporary total disability (TTD) – If you can’t work for more than seven days, you may receive two-thirds of your average weekly wage (AWW) for up to 400 weeks.
- Temporary partial disability (TPD) – If you can work in a light-duty or reduced role, you may receive two-thirds of the difference between your pre-injury wage and your current earnings for up to 350 weeks.
- Permanent partial disability (PPD) – Compensation for lasting impairments based on a treating doctor’s evaluation.
- Total disability on a permanent basis – Lifetime benefits for catastrophic injuries that prevent an employee from performing any meaningful employment.
If your claim is delayed or denied, our Georgia workers’ compensation attorneys can fight for the benefits you are lawfully entitled to.
When to Seek Legal Help for a Forklift Injury Claim
Talk to a forklift injury lawyer in Georgia as soon as possible. Insurance companies often deny claims. Filing a workers’ compensation claim should provide benefits for medical bills, lost wages, and vocational rehabilitation, but delays and denials happen. A lawyer will work to build a solid claim that cuts through the red tape.
Many injured workers wonder if they can sue their employer after a forklift accident. If your employer carries workers’ compensation insurance — as most Georgia employers are required to by law — your only option is to file for workers’ compensation. State law says you can receive workers’ compensation benefits without proving anyone else is at fault for your forklift injury. In exchange, employees lose their right to sue in most cases.
Some circumstances may permit you to file a forklift accident lawsuit against a third party. For example, if a forklift manufacturer designed a defective part that malfunctioned and injured you, you could have grounds for a personal injury claim. If you can hold a third party accountable in a personal injury case, it may help you recover more money because you can demand compensation for losses unavailable through workers’ comp, like pain and suffering.
Georgia law allows two years to file a personal injury lawsuit. For a workers’ compensation claim, you must report the injury within 30 days and file within one year. Missing these deadlines could cost you the benefits and money you need.
How Can a Forklift Accident Lawyer in Georgia Help?
At the Law Offices of William F. Underwood, III, P.C., we take forklift accidents seriously. Over the last decade, our attorneys have successfully recovered millions of dollars for injured people. Unlike larger law firms that treat you like just another case, we offer personal attention, fast responses, and one-on-one service every step of the way.
First, we will identify what paths you can pursue for fair compensation. We can help you apply for workers’ compensation, represent you in negotiations with your employer’s workers’ comp insurer, and assist with appeals and hearings before the State Board of Workers’ Compensation if necessary. If another party’s negligence led to your forklift injury, we can prepare a persuasive third-party personal injury claim and stand up for you during settlement negotiations with the insurance company or at trial.
Get Help From Our Trusted Workers’ Compensation Attorneys in Georgia
If you’ve been hurt in a forklift accident, the injury attorneys at the Law Offices of William F. Underwood, III, P.C. are ready to fight for you. Contact us today for a free consultation with a member of our legal team.