If you were one of the many that have been injured by a forklift incident, you might have options for relief. However, seeking recovery might be difficult without a knowledgeable personal injury attorney who could help guide you through the process. An experienced Columbia forklift accidents lawyer could take a look at your situation and help you decide your options are moving forward.
Forklift Accidents at a Glance
A forklift is a common and often necessary piece of equipment for most warehouses and factories. It allows workers to lift heavy objects and loads high into the air and transport other equipment and products with relative ease.
However, these machines are unmistakably dangerous. Many factors contribute to the risk of forklift injuries in Columbia, including:
- Front brakes, which make it harder to stop
- Carrying loads in the front obstructing the operator’s view
- The rear swings outward, increasing the chance of tipping over
- Heavy rear makes forklifts hard to drive in comparison to other motor vehicles
Workers’ Compensation: Eligibility and Benefits
An injured forklift operator in Columbia may be able to file a claim for workers’ compensation. Most industries in South Carolina are required to provide workers’ compensation for their employees, except those in the agricultural and railroad industries. Businesses with three or fewer employees and other exceptions also may apply depending on the nature of the occupation.
Besides the few exceptions, a majority of companies provide workers’ compensation benefits. These benefits include disability benefits, lost wages, as well as a necessary medical treatment for work-related injuries. There are criteria that must be met for all benefits being sought. For instance, medical treatment must be given by a physician selected by the employer in order to be covered.
Filling a Lawsuit for Forklift Accidents in Columbia
There are situations where an employee may file a lawsuit for workplace injuries in Columbia. Generally, employees waive their right to sue an employer for work-related injuries in exchange for receiving workers’ compensation. However, if the employer intentionally harms an employee, or an employee suffers from an injury caused by a third party, they may file a lawsuit.
For example, if an employee suffers an injury in a forklift incident in Columbia that was caused by a third party, they might be able to seek legal recovery. A third party could be an independent contractor or even the manufacturer of the forklift. If there was a faulty part in the machinery of the forklift, or the forklift was otherwise defective, which caused the accident, the injured employee may have a personal injury case that they could bring in court. Plaintiffs must file their personal injury case within three years of the date of injury according to South Carolina Code §15-3-530.
How a Columbia Forklift Accidents Attorney Could Help
Insurance companies, corporations, and teams of defense attorneys often try to keep you from getting just compensation. They typically have one mission, to keep their payouts as low as possible. But you are not alone in your recovery efforts. A seasoned Columbia forklift accidents lawyer could help support you as you fight for your right to recovery. Schedule a consultation and discover how an attorney may be able to help.