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Indianapolis Forklift Accident Attorneys
Forklift Accident Attorneys in Indianapolis
Thousands of heavy machinery operators are injured each year on construction sites in the U.S., with approximately 95,000 of those injuries occurring due to forklift accidents, according to OSHA. Many of these injured workers sustain serious injuries as a result of these accidents and are not compensated fairly for their loss of wages and other expenses incurred because of the accident.
If you have been seriously injured in a forklift accident, you are likely dealing with many difficulties all at the same time. You may need ongoing medical treatments and rehabilitative care, so your recovery and future may be unsure. This can be very stressful for you and your family, as can the financial issues you encounter when you are unable to work and the medical and other bills keep piling up.
The Indianapolis forklift accident attorneys at Klezmer Maudlin understand these challenges and want to help you overcome them. We have 100 years of combined legal experience helping people in Indiana with their Workers Compensation claims and want to see you get all the Workers Compensation benefits you are entitled to, as well as any other compensation you may be eligible for.
We will put our knowledge, skill and years of legal experience helping injured workers in Indiana to work for you if you
- Have questions or concerns about applying for Workers’ Compensation benefits,
- Have been turned down for Workers’ Compensation benefits, or
- Want to know if you can sue an at-fault third party for your forklift accident injury.
Indianapolis Forklift Accidents Cause Serious Injuries
Injuries from forklift accidents tend to be severe, life-altering and, in many cases, fatal. These injuries include:
- Head injuries
- Traumatic brain injuries
- Back injuries
- Slip and falls
- Spinal cord injuries
- Trauma to appendages or joints
- Loss of limbs
- Wrongful Death
Any one of these can result in the need for extensive medical treatment and mounting medical bills, as well as the inability to work and earn an income. Securing Workers Compensation benefits is essential for injured workers and their families, but often they encounter difficulties getting their applications submitted and approved. The experienced Indianapolis Workers Compensation attorneys at Klezmer Maudlin are glad to provide a free consultation and help at any stage of the Workers Compensation process.
What Causes Indianapolis Forklift Accidents?
According to the National Institute for Occupational Safety and Health (NIOSH), the most common cause of fatal forklift accidents is forklifts tipping over. Other common causes of serious or fatal injuries from forklift accidents include:
- A worker standing nearby being struck by a forklift.
- A worker standing nearby being struck by the load falling off of a forklift.
- A driver or bystander being crushed by a forklift.
- A driver falling off a forklift.
There are many reasons why injuries from forklift accidents are so serious. For one, forklifts can weigh 5 tons or more, so if they hit someone or topple over on someone, the damage is severe. In addition,
- Forklifts are harder to stop than cars, so, at times, avoiding a crash can be difficult.
- The weight on forklifts is unevenly distributed, making them less stable than cars, so they can more readily fall over during turns.
- Lifting heavy loads high is inherently dangerous, and, to make matters worse, the driver’s view can be blocked by the load being carried.
Does It Matter Who Was at Fault in an Indianapolis Forklift Accident?
Forklift accidents are often the employer’s fault. If an employer does not correctly follow the many required safety regulations governing the use of forklifts, the workers are in danger of getting seriously hurt. However, workers can also be at fault for forklift accidents if they are negligent loading, operating or working near a forklift.
Sometimes third parties — people or companies who are neither the employer nor the worker — may be at fault for a forklift accident. For example, if a forklift manufacturer made a defective forklift and that defect causes a forklift driver to have an accident, then the manufacturer is considered an “at-fault third party.”
Another example of an at-fault third party is when two people are working at the same job site, but are employed by different subcontractors. If one drives a forklift, is not careful and runs into and injures the other, the forklift driver would be considered an “at-fault third party.”
When you apply for Workers Compensation benefits, it doesn’t matter who was at fault for the accident. You will get the same benefits whether you were at fault, your employer was at fault, someone else was at fault or some combination of the aforementioned parties was at fault.
Can Someone Injured in an Indianapolis Forklift Accident Sue an At-Fault Third Party
If you are covered by Workers Compensation, as most Indianapolis employees are, then you are not allowed to sue your employer. You are, however, allowed to sue an at-fault third party. This is the one situation where it does matter who was at fault. To sue a third party, the accident must have been either partially or completely the fault of that third party. You can sue if the accident was partially your own fault, but it must be at least partially another party’s as well.
Figuring out and proving who was at fault for a forklift accident can be complicated, so it is a good idea to work with a highly experienced lawyer. The Indianapolis forklift accident attorneys at Klezmer Maudlin have more than 25 years of experience helping injured workers and would be glad to review your case for free. We will let you know if you can file a lawsuit against a third party and evaluate the compensation you might gain if you do so.
Most workers injured from forklift accidents seek Workers’ Compensation benefits. We have handled more than 31,000 Workers’ Compensation claims throughout Indiana and would be glad to help you with yours.
What Workers Compensation Benefits Are Available for People Hurt in Indianapolis Forklift Accidents?
If you were injured in a forklift accident while you were on the job in Indianapolis, Indiana Workers Compensation benefits will pay for the medical expenses involved in treating your injury and for a large part of your lost income.
If you are unable to return to work, your Workers’ Compensation benefits will pay weekly benefits equal to two-thirds of your average weekly wages (Indiana Code 22-3-3-8). You can continue to receive these benefits as long as you are unable to return to work. for up to 500 weeks. If you are able to work, but not as much as before you were injured, you will receive weekly benefits equal to two-thirds of the difference between your wages now and your average weekly wages before your accident, for up to 300 weeks (Indiana Code 22-3-3-9).
You are entitled to these benefits by Indiana law. Often, though, workers run into problems because their employer or insurance company does not want to pay the benefits the worker is legally entitled to receive. If this happens to you, we suggest you contact us as soon as possible. We wrote the book, Workers Compensation Law and Practice, that lawyers throughout Indiana rely on as the authoritative practice guide and reference manual for Indiana Workers Compensation claims, disputes, and appeals, and we would be glad to put our expertise to work helping you get the benefits you deserve.
Contact Experienced Indianapolis Forklift Accident Attorneys for the Expert Help You Need with Your Indiana Workers Compensation Claim
If you were injured in an Indianapolis forklift accident, we can help you through all stages of the Workers Compensation claims process. When it comes to workers compensation we wrote the book. Contact us if
- You have questions about how to file a Workers’ Compensation claim for your accident injuries.
- Your employer or their insurance company is trying to stop you from claiming benefits.
- Your Workers Compensation claim was denied.
- You are receiving benefits, but something about how your benefits are being handled is not satisfactory.
- You want to know if you can sue an at-fault third party and get more compensation than Workers Compensation would allow.
Our Indianapolis personal injury attorneys would be glad to provide a free consultation and case review. Call us at 317-597-6293 or contact us by filling out our “Get a Free Consultation” form on our website, and we will get back to you as soon as possible.
Klezmer Maudlin Indianapolis Office Location
8520 Center Run Dr
Indianapolis, IN 46250