Forklifts are standard equipment in many industries, especially warehousing, construction, and manufacturing. However, their operation comes with significant risks, and thousands of injuries and fatalities occur each year due to forklift accidents despite training programs. For workers who suffer severe injuries from such accidents, workers’ compensation benefits, including permanent disability (PD) benefits, provide critical financial support.
Workers’ compensation attorneys like ours at Eason & Tambornini are exceptionally skilled at navigating the California workers’ compensation system, negotiating with insurance companies, and ensuring injured workers are protected. Best of all, we do not charge upfront fees.
Common Causes of Forklift Accidents
Forklift accidents often result from preventable factors, such as:
- Insufficient training: Operating a forklift requires specialized skills taught through comprehensive programs.
- Speeding: Forklifts are designed for precision rather than speed.
- Improper loading: Overloading or improperly balancing loads can lead to tipping incidents.
- Poor workplace design: Narrow aisles or congested areas increase the likelihood of collisions or crush injuries.
- Mechanical failures: Inadequate maintenance increases risks. Regular inspections and repairs are essential to ensure forklifts operate safely.
- Lack of safety protocols: Ignoring load capacity limits puts operators and bystanders in danger.
The Impact of Forklift Injuries
Forklift-related injuries can range from minor cuts and bruises to catastrophic; crushing incidents leading to amputations and spine injuries resulting in paralysis are among the most serious. According to OSHA, forklift rollovers comprise 25% of all incidents reported yearly, and four people die every day in the United States in forklift-related accidents.
Workers’ Compensation and Permanent Disability Benefits
Life-altering conditions disrupt careers and impose emotional and financial burdens on workers and their families. Workers injured in forklift accidents and permanently disabled are entitled to benefits.
In California, permanent disability benefits are categorized into two types: permanent total disability (PTD) and permanent partial disability (PPD). The basic differences between the two are as follows:
- PTD Benefits: Paid out when an injury prevents the worker from ever returning to the workforce. Payments equal two-thirds of the worker’s pre-injury weekly wage and continue for life.
- PPD Benefits: Paid out when the worker can return to some form of employment but with lasting impairments. Payments are also two-thirds of pre-injury wages but are limited to a set number of weeks.
Other factors that affect the amount of compensation depend on the severity of the injury, the worker’s age, occupation, and the extent of the impairment. This last factor is determined by a qualified medical evaluator (QME)
Putting it Together
Forklift accidents can have devastating consequences for workers and their families.
The California workers’ compensation system is there to help, but it is not simple. Getting an experienced workers’ compensation attorney on your side as soon as possible will offer the shortest and simplest path to receiving all the benefits you deserve and are entitled to.
Workers’ Compensation Attorneys Are Affordable
Significant permanent disability benefits are often paid out for severe forklift accident injuries. The good news is that our workers’ compensation attorneys, like most, work on a contingency fee basis. This means you don’t pay until you receive a settlement.
Skilled, Aggressive Legal Help is Available
The team of skilled workers’ compensation attorneys at Eason & Tambornini brings a combined total of over 100 years of legal experience to our work. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
We offer a free, no-risk consultation to discuss the facts of your case. If you have been severely injured in a forklift accident at work and need help pursuing the permanent disability benefits you are entitled to, we want to talk to you.
Schedule a free consultation today by calling Eason & Tambornini at (209) 323-5126.
