Pacific Workers', The Lawyers for Injured Workers Serving Oakland and El Segundo

Los Angeles Forklift Accident Attorneys

Helping Forklift Accident Survivors Throughout Los Angeles County

Forklifts move materials, equipment, and supplies across nearly every construction site in Los Angeles County, and their constant presence means constant risk. Unlike some construction equipment, forklift accidents do not only injure the person operating the machine. Workers on foot, doing entirely different jobs nearby, can be struck, pinned, or run over, sometimes putting them in just as much danger as forklift operators who are hurt in tip-overs or falling load incidents.

If a forklift accident has left you injured, understanding your full range of options starts with knowing how the accident happened and who was responsible for the conditions that led to it. At Pacific Workers', The Lawyers for Injured Workers, we have spent more than 30 years fighting for injured workers across California, and as your Los Angeles forklift accident attorney, we are ready to dig into every detail of your case.

Do not wait to find out what your case may be worth or what workers’ comp benefits you could be owed. Call us today at (888) 740-6434 for a free consultation with our Los Angeles forklift accident lawyers.

How Forklift Accidents Happen

Forklift accidents on construction sites tend to fall into a few recurring patterns, though the severity of the resulting injuries can vary widely depending on the circumstances.

Forklift accidents often involve:

  • Tip-overs caused by overloading, excessive speed, or uneven ground
  • Pedestrian strikes involving workers on foot in shared work zones
  • Falling loads from improperly secured or overloaded forks
  • Crush injuries from workers pinned between a forklift and a wall, rack, or another vehicle
  • Collisions with other vehicles or equipment on a congested job site
  • Mechanical failures caused by poor maintenance or defective parts

Two Groups of Workers, One Set of Legal Options

Whether you were operating the forklift or simply working nearby when the accident happened, California's workers' compensation system allows you to access benefits regardless of fault. That said, the path to full recovery can look different depending on how the accident happened and how you were affected. Knowing which benefits and legal options apply to your specific situation is where experienced representation makes everything much simpler.

If you were injured in a forklift accident on the job, we might be able to help you seek benefits or compensation related to:

  • Medical treatment coverage for all reasonable and necessary care
  • Temporary disability payments while you are unable to work
  • Permanent disability benefits for any lasting impairment
  • Supplemental job displacement vouchers if you cannot return to your previous role

When a Third Party Is Responsible

Forklifts used on construction sites are frequently rented rather than owned outright, maintained by an outside service contractor, or operated by a worker employed by a different subcontractor than your own. Any of these circumstances can open the door to a personal injury claim against a party other than your employer. A forklift with a known mechanical defect, a maintenance contractor who performed careless repairs, or a general contractor who failed to separate pedestrian walkways from active forklift zones, as Cal/OSHA safety standards require, are all situations that can support a third-party claim in addition to your workers' comp benefits.

A third-party claim can recover compensation that workers' comp does not provide, including:

  • Full lost wages rather than a partial percentage
  • Pain and suffering damages
  • Compensation beyond the limits set by workers' comp benefit schedules

While our focus is on securing every workers' compensation benefit available to you, we can help you recognize whether your situation may also call for a personal injury claim.

Frequently Asked Questions About Forklift Accidents

I was not operating the forklift; I was just working nearby. Am I still covered?

Yes. California's workers' compensation system covers any employee injured on the job, regardless of whether you were operating the equipment involved. If a forklift struck you, pinned you, or caused a load to fall on you while you were performing your job duties, you are entitled to the same workers' comp benefits as an injured operator.

Can I still file a claim if I was partially at fault for the accident?

Yes. California workers' compensation is a no-fault system, which means your benefits are not reduced or denied simply because you may have made a mistake. Fault only becomes a factor if you are pursuing a separate third-party personal injury claim.

What if my employer says the forklift accident was my fault and denies my claim?

An employer's opinion about fault does not determine whether your claim is valid. If your claim is denied, you have the right to challenge that decision with the help of an attorney.

How do I know if a third party is involved in my accident?

Knowing if a third party contributed to the forklift accident usually requires investigation. If the forklift was rented, serviced by an outside company, or operated by someone from a different subcontractor, there may be a responsible party beyond your own employer. An attorney can help identify this quickly before evidence becomes harder to obtain.

Get the Answers You Deserve by Calling Us Now

You should not have to guess whether you are entitled to more than what your employer's insurance company is offering after being in a forklift accident. Pacific Workers', The Lawyers for Injured Workers is ready to step in, investigate your accident, and help you determine if you can file a workers’ comp claim, injury claim, or both.

Call us today at (888) 740-6434. Your free initial consultation is one phone call away.


 

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Workers' Comp FAQ

  • Am I Eligible for Workers’ Compensation?

    In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.

  • What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?

    Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.

  • Can't I Just File for Workers' Compensation on My Own?

    Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.

  • Do independent contractors get workers’ compensation in California?

    No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.

  • What Can I Expect from the Workers' Compensation Process?

    As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced California workers' comp lawyers will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.

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