If you have endured serious injuries from a forklift accident, you may be eligible to pursue compensation for your losses. It could be challenging to seek maximum financial recovery without the assistance of a seasoned Greenville forklift accidents lawyer. Contact an experienced warehouse injury lawyer today who could examine your situation, help you assess your legal options, and determine the appropriate next steps.
Physical Harms Suffered
Serious injuries commonly reported in Greenville forklift accidents include brain, head, and spinal cord injuries. Workers may also suffer broken and fractured bones, knee injuries, neck injuries, shoulder injuries, ear injuries, and repetitive stress injuries.
Factors Which May Contribute to a Forklift Accident
A forklift is a common fixture in warehouse facilities, making it possible to lift extreme loads and heavy objects to great heights and transport various types of equipment and materials. Unfortunately, forklifts have the potential to prove extremely dangerous and may cause devastating worker injuries when something goes wrong. Common factors leading to forklift accidents include:
- Transporting cargo at the front, thereby blocking the operator’s view
- The back of the forklift swings outward, potentially causing it to tip
- Brakes situated in the front, which may make it difficult to come to a stop
- A fall from a forklift
- A worker is hit or crushed by a forklift
- Falling materials which strike the victim
Pursuing Worker’s Compensation Benefits
While South Carolina laws typically prevent an injured worker from suing their employer, employees hurt on the job may be eligible to recover worker’s compensation benefits, irregardless of fault. Most employers are required to carry worker’s compensation insurance. Agricultural and railroad entities, as well as companies employing three or fewer workers are generally not subject to this requirement.
Worker’s compensation benefits could cover medical costs and part of the individual’s lost income. As per South Carolina Code of Laws §42-15-40, an employee injured on the job has just two years from the date of the accident to file a claim seeking worker’s compensation benefits. However, the worker must notify their employer of the injury no more than 90 days out from the date of the accident.
A Greenville attorney could help a worker injured in a forklift accident navigate each stage of the worker’s compensation claims process. In the event of a partial or complete claim denial, a skilled attorney could also aggressively advocate on the injured party’s behalf to appeal that decision and seek applicable benefits.
Deadline for Third-Party Claims
Sometimes, there may be a liable third party who could be held legally responsible for the worker’s injuries, such as a negligent general contractor, subcontractor, or equipment manufacturer. Pursuant to S.C. Code Ann §15-3-530, injured parties have three years from the date of the accident to file a third-party lawsuit seeking compensation with the civil courts.
It is important to adhere to this three-year statutory deadline, as failure to file a lawsuit by this date could forfeit the injured party’s right to financial recovery. A Greenville forklift accidents attorney representing an injured worker in a third-party suit could fight for a range of compensation types on their behalf. Recoverable damages may include those for medical expenses, time missed from work, emotional distress, pain, and suffering.
Seek Assistance from a Greenville Forklift Accidents Attorney
Workers injured in forklift accidents may find that insurance companies pressure them to accept compensation that is less than what they deserve to minimize their financial losses as much as possible. A competent Greenville forklift accidents lawyer could safeguard your foundational legal rights and provide the vigilant representation needed to recover the compensation you are due.
Set up your case consultation to learn how an attorney could help with your case and discuss your options to achieve a legal remedy.