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.
We have Helped OVER 12,000 CLIENTS aND WE CAN HELP YOU TOO!
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They care, and they help injured workers!
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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
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Communication is extremely important, and that has been A+ since the beginning!
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Highly Recommend Pacific Workers’ Lawyers
“Highly Recommend Pacific Workers’ Lawyers”
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Workers' Comp FAQ
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What benefits can I seek with a workers' compensation claim in Oakland?In California, if you've been injured at work or diagnosed with a work-related illness, you can file a workers' compensation claim to seek benefits that cover a range of expenses. These benefits include medical costs, lost wages due to time off work, compensation for future earnings if you're unable to return to work, and expenses related to retraining or skill enhancement if you need to switch professions. Given Oakland's high cost of living, it's important to ensure your claim is accurately filed to receive all the benefits you're entitled to.
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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.
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Do I need to prove my employer was at fault to receive workers' compensation benefits?
No, you do not need to prove your employer was at fault to receive workers' compensation benefits in California. The state operates under a no-fault system, which means that as long as your injury or illness is work-related, you can file a claim for workers' compensation. This system is designed to simplify the process for injured workers to receive their rightful benefits without the need for proving fault.
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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.
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What doctors can I see in Oakland under my employer's network?
Your employer's insurance must provide a Medical Provider Network (MPN) list. In Oakland, this often includes Highland Hospital, Kaiser Oakland, and various specialty clinics. We help ensure you get treatment from qualified providers who understand workers' comp cases.