Long Beach Forklift Accident Attorney

Forklift operators are essential to many industries operating in the Long Beach area, but these specialized vehicles are inherently dangerous in many ways. If you or a family member worked with or near forklifts and suffered any type of injury at work, it is vital to know your rights in terms of collecting compensation for your damages. A Long Beach forklift accident lawyer is the ideal resource to consult in this situation.

Representing Forklift Accident Victims in Long Beach, CA

The attorneys at Pratt Law Corporation have years of professional experience helping injured workers in Long Beach with their workers’ compensation claims and related recovery efforts after they have been injured while working. Forklift accidents can be tremendously damaging, and it is possible for the victim to have more options for legal recourse than they may initially expect.

Our firm takes time to get to know every client we represent, learning as much as we can about their work-related injuries and the effects those injuries have had on their lives. When you choose Pratt Law Corporation to represent you in the aftermath of a forklift accident at work, you can trust our firm to provide comprehensive legal counsel through all phases of your recovery efforts.

Time Limits Apply to Making a Claim

You have a limited time in which to file a workers’ compensation claim after a forklift accident, and the sooner you connect with our Long Beach forklift accident attorneys, the easier it will be to collect the benefits you’re legally owed through your employer’s insurance. You may also have additional recovery options available to you, and the right attorney can be invaluable for the help they can provide in maximizing your total compensation.

Understanding Workers’ Compensation in Long Beach

California law requires almost every employer in the state to have workers’ compensation insurance, and this insurance applies to any injury an employee suffers while performing their job duties. Workers’ compensation can also apply to illnesses and medical conditions acquired from the performance of work duties.

Workers’ compensation insurance serves two important purposes. First, it provides financial benefits to injured workers, helping them to recover from their workplace injuries and offsetting the financial impact of their inability to work after an injury they suffered through their workplace. Second, it provides civil immunity to covered employers, preventing them from facing liability for their injured workers’ damages as long as they maintain their coverage.

Employer Must Give the Victim the Materials to File a Claim

An employer has various obligations they must fulfill to an injured employee after any type of injury in the workplace. They must create an incident report detailing how, when, and why a workplace injury occurred and the steps taken to address the victim’s injury. The employer must also provide the victim with the materials they will need to file their workers’ compensation claim.

Any interference with an employee’s claim, attempting to prevent an employee from filing a workers’ compensation claim, or retaliation against an employee for filing a claim in good faith can lead to serious legal penalties for the employer. Similarly, they can also face penalties if they do not have insurance as required by law, in addition to facing civil liability for the victim’s damages.

Common Causes of Forklift Injuries

A forklift is a specialized work vehicle, small enough to fit one driver and navigate tight spaces inside a factory, warehouse, or other work environment. The vehicle features a set of long metal forks attached to the lifting mechanism at the front of the vehicle. The operator positions the forks below an object, lifts it off of the ground or a shelf, and then moves the object to a new location. Forklifts are essential for warehouse management and distribution operations.

Forklifts are specially designed to complete specific tasks, and they do not have all the safety features one would find in a standard passenger vehicle. Forklift certification requires the completion of practical tests and coursework, and it is vital for forklift operators to follow applicable regulations and safety rules at all times. It is also vital for those who work near forklifts to use appropriate caution to reduce their risk of being injured.

Forklift injuries can occur in many ways:

• Forklift operators must know their vehicle’s weight limit and the weight of an object they intend to lift. The forklift could become imbalanced, or the lifting mechanism could break suddenly if the operator attempts to lift something too heavy.
• Forklifts are equipped with hazard lights and make a loud beeping noise when they move in reverse, warning those nearby of the forklift’s operation. If these safety mechanisms malfunction, it’s possible for someone nearby to be injured by the forklift and suffer serious harm.
• A forklift operator can easily cause a catastrophic accident if they attempt to operate a forklift while under the influence of drugs or alcohol. They would be ineligible to apply for workers’ compensation benefits if they caused their own injury in this manner.
• If an object falls from a forklift, it can easily cause traumatic brain injuries and crushing injuries to anyone struck by the object. Even if the victim was wearing a hard hat, it can only mitigate the severity of such an injury, not prevent harm entirely.
• Forklifts are capable of causing crushing injuries and/or rollover accidents if a person steps in front of a moving forklift and the operator cannot see them.
• If a forklift is defective and causes an accident, the manufacturer could face liability for any resulting damages under California’s product liability laws. The injured worker would also have the right to file a claim for workers’ compensation benefits.

These are only a few examples of how forklift accidents might happen in Long Beach workplaces. Employers are required to adhere to and enforce all safety regulations applicable to their operations, and employees who work with or near forklifts are similarly expected to follow applicable safety guidelines.

Potential Injuries From Forklift Accidents

It’s possible for any forklift accident to result in severe injuries, which may include:

• Broken bones. Some bone fractures may require surgical correction with the placement of steel pins and plates, and even fractures that heal completely can cause chronic pain and involve some level of nerve damage.
• Traumatic brain injuries. Falling objects or a faulty lifting mechanism could hit the victim in the head. Brain injuries are very difficult to treat, have a high chance of causing long-term or permanent effects, and leave victims further susceptible to brain injuries in the future.
• Crushing injuries. If a forklift runs over a person, pins them against a wall or other surface, or if a very heavy object is dropped on the victim, crushing injuries may result. These injuries can involve severely broken limbs or crushing damage to other regions of the body. Crushing injuries may be fatal if the victim does not receive immediate emergency care, and these injuries have a high chance of resulting in permanent disability.
• Severe burns or explosion-related injuries. Catastrophic engine or battery failure can result in unexpected fires and explosions.

These are just a few possibilities, and it is possible for a forklift accident to result in multiple serious injuries. If you have suffered any type of injury while performing your job duties in Long Beach, you are likely covered by your employer’s workers’ compensation insurance policy and can file a claim for benefits.

Filing Your Workers’ Compensation Claim for a Forklift Accident in Long Beach

Whenever a worker sustains an injury on the job, they should report the incident to their supervisor immediately so they can secure the forms needed to file their workers’ compensation claim. There is technically a one-year statute of limitations on workers’ compensation claims, but it is always advisable for the victim to file their claim as soon as possible.

After a forklift accident, the victim should seek medical care immediately. While they can see any available doctor in an emergency, a formal medical evaluation from a workers’ compensation doctor is likely to be a requirement for their claim for benefits. When you notify your employer of your injury, they are required to provide a list of locally approved physicians you can visit for this medical evaluation.

If you require emergency care for your injury, you can see any doctor, but once you stabilize, you should expect to visit a workers’ compensation physician for a formal evaluation. This doctor will assign you a disability rating to reflect the severity of your injury. The disability rating scale extends from 1 to 100, and the higher your rating, the more you can potentially receive in benefits.

Your employer must create an incident report of your injury and provide you with the forms you will need to submit to their insurance carrier. Filing a workers’ compensation claim is similar to filing any other type of insurance claim, meaning you must complete all required proof of loss forms and gather supporting documentation to submit to the insurance company. However, your employer’s role in the process could potentially become a complicating factor.

If your employer refuses to provide you with the forms you need to file your claim, attempts to discourage you from filing your claim, or takes any retaliatory action against your request to file a claim, such as firing you, it is imperative that you seek a Long Beach forklift accident attorney as soon as possible. Your employer could face legal penalties from the state, and you may also have grounds for a civil suit.

If your employer fulfills their obligations in good faith and provides you with the materials you need to file your claim, your Long Beach forklift accident attorney can help you complete the forms, resolve any issues you may encounter with the workers’ compensation doctor you visit for your disability rating, and help file the claim to the insurance company.

Benefits Determinations for Long Beach Workers’ Compensation Claims

Like any other insurance claim you might file, the workers’ compensation claim filing process will start with an investigation of your claim. The insurance carrier has the right and the legal responsibility to investigate your claim for accuracy, ensuring it is legitimate before it issues any determination of benefits. The insurance company is likely to contact both you and your employer for additional information they may require to complete this review process.
Your Long Beach forklift accident attorney can help resolve any issues that you might encounter in your interactions with the insurance carrier. For example, if you believe the insurance carrier has not handled your claim in good faith, your attorney will know how to address the situation. Once you receive your determination of benefits, your attorney can verify that it is fair and reasonable under the terms of your employer’s insurance policy.

Workers’ Compensation Benefits for Forklift Accident Victims in Long Beach

A successful workers’ compensation claim typically yields two types of benefits for the injured worker: medical expense coverage and income replacement benefits. Medical expense coverage is more straightforward, and the injured claimant can usually expect the insurance carrier to pay for all medical care they need to reach maximum medical improvement from their injury.

You have the right to have any medical expenses reimbursed by the insurance carrier, and many claimants are surprised to learn the breadth of medical treatments that are covered by their employers’ insurance policies. You can reasonably expect your employer’s insurance company to pay for any immediate and future medical treatment you need to recover as fully as possible from your injury.

Income replacement benefits are more variable, and the disability rating assigned to you by your workers’ compensation doctor plays a major role in the amount you receive. These benefits are paid in partial or total designations depending on the severity of the claimant’s injury and whether they retain the capacity to work.

If you are injured but can still manage light duty and/or lower-paying work while you recover, the insurance carrier will likely issue partial disability benefits that can help make up the difference in your earnings. You will need to report your weekly income to the insurance carrier, and each weekly payment you receive will be based on how much you are able to earn. These payments can continue until you regain your previous earning capacity.

If you cannot work at all due to the severity of your injury, the insurance company is likely to issue total disability benefits. A claimant who qualifies for these benefits will usually receive two-thirds of their average weekly pay each week until they reach maximum medical improvement from their injury. For example, if you usually earn $1,200 per week, you can expect roughly $800 each week in disability benefits.

If a claimant has been permanently disabled by their injury, they may qualify for permanent disability benefits that can continue for the rest of their life. However, insurance companies will often try to avoid such arrangements by offering large lump sum clincher settlements in lieu of ongoing disability benefit payments. Your attorney can advise you as to whether any such offer would suit your best interests.

State Limits on Workers’ Compensation Benefits

Workers’ compensation insurance can be a valuable lifeline to any injured worker in Long Beach, but there are limits to what one can expect in terms of their compensation. First, disability benefits are generally capped at 104 weeks. The claimant may elect to have these payments spread out over a period of five years, starting on the date their injury occurred, but they will only qualify for extended benefits under specific conditions.

Second, workers’ compensation insurance typically prevents an injured worker from filing a personal injury claim against their employer in response to a work-related injury. There are some exceptions to this rule, the most obvious example being if an employer does not have workers’ compensation insurance as required by law. They will not only face civil liability for the injured employees’ damages but also legal penalties from the state.

It is possible for the injured worker to have grounds for a separate civil claim outside of the workers’ compensation system if any party outside of their work directly caused their injury. This third-party claim will follow the same general framework as any other personal injury claim filed in Long Beach.

Filing a Third Party Personal Injury Claim for a Forklift Accident

The objective of a personal injury claim is to hold a defendant accountable for the damages they have caused and for the plaintiff to recover compensation for those damages. While a successful workers’ compensation claim in Long Beach may yield substantial economic benefits for the claimant, it is unlikely to fully cover the entire scope of the damages they suffered from a forklift accident.

When a third party outside of your work caused your forklift accident, you have the right to file a workers’ compensation claim because the accident occurred while you were working. However, you would also have grounds to file a separate civil suit against the at-fault third party to recover compensation for the damages your workers’ compensation claim cannot cover.

Success with a third-party personal injury claim will require clear proof that the third party directly caused your injury and evidence of the full extent of the damages they caused. Your Long Beach forklift accident attorney can be invaluable for the help they can provide in filing your workers’ compensation claim, and they can also be an essential asset for a subsequent third-party personal injury suit.

Your workers’ compensation claim may yield full coverage of your medical expenses, but you can only expect compensation for a portion of your lost income. Additionally, workers’ compensation does not provide any benefits that account for your pain and suffering. A third-party personal injury suit enables you to close these gaps in your recovery.

You have the right to seek compensation for lost income that workers’ compensation can’t provide, including your lost future earning capacity, if the forklift accident has left you permanently disabled. Additionally, you have the right to seek pain and suffering compensation from the defendant, and California law does not limit the amount you are able to claim. Your attorney can help determine a suitable amount that reflects the severity of the harm you experienced.

Filing a Retaliation Claim Against a Long Beach Employer

While most employers in the Long Beach area facilitate their injured workers’ claims for workers’ compensation benefits, some unfortunately do not, and even go as far as to actively interfere with employee claims or punish employees who attempt to file claims. Whenever an employee files a workers’ compensation claim, the covered employer may see their premium rate increase, and this can be very costly and, unfortunately, encourage them to take adverse action.

Employer retaliation occurs whenever an employer takes adverse action against an employee in response to a legally protected action. Filing a workers’ compensation claim in good faith is a legally protected action, so if an employer retaliates against your request to file a claim, such as firing you, it can form grounds for a civil suit against your employer.

An experienced employment attorney can be essential if you are wrongfully terminated or otherwise discriminated against by your employer in response to your workers’ compensation claim. Your employer may be compelled to compensate you for their intentional infliction of emotional distress, and you may have grounds to seek compensation for lost pay and benefits. It’s also possible for the employer to face punitive damages.

Resolving Your Forklift Accident Case in Long Beach

Ultimately, the recovery process after a forklift accident at work may require much more than just a workers’ compensation claim. If so, you will need legal counsel you can trust to guide you through the difficult proceedings that may await you as you attempt to secure benefits that help you recover.

The workers’ compensation claim filing process, like any other insurance claim filing process, has the potential to result in unexpected delays or unfair denials. If your claim for benefits is rejected, your Long Beach forklift accident attorney can help appeal this decision and secure the benefits you legally deserve. If you have been treated in bad faith, your attorney will also know how to resolve any such issues you encounter.

When your claim is approved, you can rely on your attorney to verify that the insurer’s determination of benefits is fair and reasonable in light of your damages. If you have grounds to seek additional compensation with a civil suit against your employer and/or a third-party personal injury claim, your attorney can be invaluable for these legal efforts as well.

It can take anywhere from a few weeks to several months for you to resolve a work injury claim in Long Beach. When you have legal counsel you can trust on your side, you will be able to approach your recovery process with peace of mind, ready to confront any unexpected obstacles that appear between you and your recovery.

Pratt Law Corporation has years of professional experience resolving some of the most challenging work injury cases in Long Beach, including cases involving forklift accidents. We know the dangers forklift operators face every day, and the devastating harm that forklift accidents can cause, and we are confident in our ability to guide you through your recovery efforts efficiently.

We know how the major insurance carriers handle work injury claims in Long Beach and the tactics they sometimes use in their efforts to minimize expenditure on valid claims. When you choose our firm to help file your workers’ compensation claim in Long Beach, you can expect personalized legal counsel through all phases of the claim filing process until you reach a suitable result.

Should you encounter any problems with your employer and/or their insurance carrier, we can be ready to resolve these issues for you as swiftly as possible. If you have grounds to pursue compensation outside of your claim through your employers’ workers’ compensation insurance policy, you can rely on our help with this as well. We can help construct a third-party claim that aims for maximum compensation.

If you have worries about the potential cost of hiring a Long Beach forklift accident attorney, it is no cause for concern when you choose Pratt Law Corporation to represent you. We only get paid when you get paid, as we take all workers’ compensation cases in Long Beach on a contingency fee basis. With a contingency agreement, you only pay your attorney a percentage of the case award they recover for you, and only if and when we win your case.

You have a limited time in which to file your workers’ compensation claim, and the sooner you connect with legal counsel you can trust, the more likely you are to maximize your recovery. If you are ready to learn what an experienced Long Beach forklift accident attorney can do for you, contact Pratt Law Corporation today and schedule a consultation with our team.