Warehouse workers may walk along rows of pallet racks which store materials every day. These should be well secured to prevent any injury to those passing by, but if items are stored carelessly, or pallet racks are stacked improperly, they could fall on a worker below and cause devastating injuries. If you were injured in a warehouse shelving accident, consult a Greenville pallet rack collapses lawyer.
A warehouse injury attorney could help you file a claim for worker’s compensation benefits or pursue a personal injury action against any liable third parties. Call now to discuss how a skilled attorney could help fight for fair compensation on your behalf.
How Pallet Rack Accidents Happen
While there many factors that could cause a pallet rack to collapse, the following are some of the most common reasons for these types of accidents:
- Unenforced safety procedures
- Carelessly stacked objects
- Securing materials to pallet racks with improper tools
- Transporting items from significant heights with improper equipment
After a pallet rack collapse causes serious, or even fatal, injury to an employee, a Greenville attorney could help seek compensation for those that suffered. Injuries common in pallet rack accidents include:
- Broken bones
- Spinal cord
- Brain trauma
Worker’s Compensation Benefits
South Carolina law mandates that most employers carry and maintain worker’s compensation coverage. However, certain companies are not subject to these requirements. These include companies with three employees or less, agricultural entities, and railroad companies.
Temporary Total Disability
Worker’s compensation insurance may cover medical costs, such as prescriptions, physician visits, surgery, therapy, and other necessary medical care. Temporary total disability benefits could recoup a portion of the individual’s lost income from the suffered injury. To receive these lost wage benefits, the individual must be unable to perform their job duties for a minimum of seven days.
If eligible, the worker would receive lost wage benefits totaling 66 2/3 percent of their average weekly wage. These benefits may not surpass 100 percent of the average weekly income in the state.
Individuals injured at work must file notice of injury with their employer no later than 90 days out from the accident date as per South Carolina Code Annotated §42-15-20(B). However, injured workers seeking worker’s compensation benefits have up to two years to file a claim with the South Carolina Workers’ Compensation Commission.
When an employee’s injuries cause permanent impairment, the injured party could be eligible to receive benefits for permanent disability. For a permanent partial disability (i.e. the person is unable to use one finger or hand), the worker could receive repayment of two-thirds of their average weekly earnings.
In the case of a permanent total disability, such as the loss of both legs, arms, hands, or feet, the worker could receive compensation equaling their total temporary benefits for up to 500 weeks. Workers who become quadriplegics or are paralyzed due to their injuries may be entitled to lifetime benefits.
Filing a Third-Party Personal Injury Lawsuit
A Greenville attorney could also assist a victim of a pallet rack accident file a personal injury lawsuit against a third party responsible for the event. Product manufacturers or independent contractors are examples of third parties who could be liable.
Recoverable compensation in a third-party lawsuit may include lost wages, medical expenses, loss of consortium, pain, and suffering. Injured workers have three years from the accident date to commence a third-party lawsuit, pursuant to S.C. Code Ann §15-3-530.
Make an Appointment with a Greenville Pallet Rack Collapses Attorney
A Greenville pallet rack collapses lawyer could carefully examine your case to determine what benefits you may be entitled to by an employer or negligent third parties. An attorney could zealously represent your interests and protect your legal rights so you can save effort for recovering.
Call a Greenville attorney today to discuss your case if you believe you could have a claim for compensation.