Houston Forklift Accident Attorney
Forklifts are powerful pieces of equipment. Any construction worker or industrial worker will tell you can make life easier. However, they can be one of the most dangerous tools on a job site. If they are improperly maintained, an operator not trained or a part is defective, they can cause injuries. A forklift accident can cause injuries that may be severe, debilitating or even fatal.
If you or a loved one has been injured or killed in a forklift accident, it is important to understand your rights. You may have rights to receive compensation.
There are many reasons why Forklift accidents occur. Sadly, all of them are preventable. However, they do still. There are two main categories of forklift accidents: Operator Negligence and Employer Negligence.
- Improper turning, braking or other driving procedures
- Backing when unsafe
- Excessive speed
- Dropping cargo
- Driving with the load elevated
- Unbalanced loads
- Failure to account for low clearances or narrow corridors
Another common reason for accidents involving forklifts is employer negligence. Employers have a duty to protect their workers from hazards at work. Also, they legally should provide a safe working environment.
- Failure to provide low clearance warning
- Failure to provide proper training
- Allowing too much noise in the work area for safe communication and hearing alarms
- Failure to maintain the forklift
- Failure to adopt clear safety rules for the operation and maintenance of forklifts
- OSHA violations
- Failure to design and provide a safe work place for the operation of forklifts
All employers owe a duty to provide a safe workplace to their employees under Texas law. Additionally, it is an employers duty to make sure the operator knows how to safely operate the forklift.
In addition to training, a safe workplace should be provided. This means to anticipate potential hazards in the work area that may affect the safe operation of forklifts. Low hanging doors and ceilings must have labels. Additionally, low clearance alarm bars installed where necessary. Travel space must be not only wide enough but clear of blockage and debris that would affect the safe operation of the forklift. Furthermore, noise must be at a minimum in the work area so alarms can be heard.
In the end, it is up to the employer to make sure the work area is safe for all employees. If you suspect your employer failed to provide a safe workplace resulting in your injury, you should speak with a forklift accident attorney immediately. Call Walker Texas Lawyer for a free consultation.
What About Workers Comp?
Contrary to popular belief, many industries which employ forklift operators are not covered by true workers’ compensation insurance. Therefore, some forklift accidents are not covered. Those covered by workers’ compensation can not file an injury lawsuit against their employer. However, if the case is gross negligence, you may be able to file. Those not covered by state-run workers comp may be able to recover significantly more compensation through a normal work injury lawsuit.
Many non-subscribing employers also buy non-state-approved employee injury compensation policies in an effort to FOOL their employees into thinking that they cannot sue. Do NOT take an employer’s word for it! Check the Texas Department of Insurance’s website to verify that the coverage is state-approved. Alternatively, our firm can do this for you free of charge.
Due to the complicated nature of workers’ compensation in Texas, you need to seek out an experienced forklift accident attorney. Walker Texas Lawyer will ensure you get the maximum amount of compensation.
In addition, there may be more than one party involved in a forklift injury lawsuit. Other parties may be the manufacturer of the forklift.
Call a Houston Forklift Accident Lawyer Today
Walker Texas Lawyer has a reputation for aggressive legal representation in all phases of the legal process. We are not afraid to litigate in the courtroom on behalf of our clients. Our goal is to get you the legal compensation you deserve for your injury. You may be able to get compensation for lost wages, medical bills, pain and suffering, and other costs associated with your injury. To get started finding justice, call Walker Texas Lawyer at 713-552-1117. He is Houston’s Top Personal Injury Attorney!