Are you struggling to make ends meet because of a forklift or heavy equipment accident? Do you feel like medical problems and money problems have taken over your life? Do you wonder whether the accident may have been someone else’s fault?
Help is available. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free case evaluation. We are forklift accident and injury lawyers in Port St. Lucie, FL dedicated to helping accident victims fight for compensation.
Forklift Accident Claim Options in Florida
Forklift accident claims may fall under workers’ compensation laws, while some injured people may qualify to file a lawsuit. At the Law Offices of Anidjar & Levine, we help our clients understand their legal options.
Workers’ Compensation for Forklift Injuries
If you were an employee injured in the course and scope of your employment, you might have already claimed workers’ compensation benefits. Your employer may not fire you or punish you in any way for making a claim.
Workers’ compensation is a no-fault system of insurance, meaning that an employee can receive benefits regardless of if the employer was negligent or caused the employee’s injuries. The worker must only show that he/she sustained an injury in the course and scope of their employment to receive benefits.
Despite this no-fault system, disputes can arise in workers’ compensation cases. These disputes usually involve whether the injured worker was hurt during the course and scope of his/her employment (or somewhere else), whether the employee refused to use safety equipment, and the extent of the injuries.
We help our clients by hiring ergonomic analysts and medical experts to determine the employee’s right to participate in the workers’ compensation system.
Common Law Negligence
A common law negligence claim consists of four parts:
- The duty of care to keep others safe from harm
- Breach of that duty
- Evidence that the breach directly caused injury
- Proof of losses or damages
An injured worker may qualify to file a lawsuit against a non-employer third party, such as a general contractor or project owner.
Further, malfunctions from manufacturing or design defects can lead to injuries and death. You may also have a claim against an equipment or parts manufacturer.
Proving Fault in a Forklift Accident Case
Accidents usually involve forklifts that strike or crush workers on a floor of a factory, distribution floor, or stockroom. They also include falling objects, equipment overturning, and burns.
Many forklift accidents are preventable. We evaluate the situation from all angles to determine the primary and secondary causes and contributing factors. These can include:
- Operator errors
- Lack of safety protocol or failure to enforce it
- Loading dock conditions
- Failures involving repair and maintenance
- Manufacturing defects
- Production factors
- Reasonable measures that could have prevented the accident
We do a thorough job of building your case to give you the best results. We may hire an accident reconstruction expert if necessary to help your case.
Compensation in Forklift Accident and Injury Cases
An award or settlement should take into account:
- Medical expenses
- Your ability to return to work and whether you can do so at the same pay rate
- Lost wages
- Emotional pain and physical suffering
- Embarrassment or humiliation about permanent scarring, disfigurement or amputation
- Loss of enjoyment of life
- Wrongful death compensation if the accident was fatal
- Punitive damages (in cases of intentional harm)
Our legal team can help develop your damage claim as well as calculate your pain and suffering, and even punitive damages if they apply to your case.
Start Building Your Case in Port St. Lucie, Florida
Forklift accident and injury lawyers can help their clients in several ways. At the Law Offices of Anidjar & Levine, we provide free case reviews and consultations about your legal options. Call 1-800-747-3733 to learn how a forklift accident and injury lawyer can help you.