Torrance Forklift Accident Attorney

Forklift operators play crucial roles in manufacturing, distribution, warehousing, and many other critical industry sectors that support the supply chain of the United States. When forklift accidents happen, injured workers face not only the risk of severe injury but also the economic impact of the inability to work during recovery. If you or a loved one suffered such an accident, a Torrance forklift accident attorney is an essential resource to consult.

Helping Victims of Forklift Accidents Recover in Torrance, CA

The attorneys at Pratt Law Corporation have years of professional experience handling a wide range of complex workers’ compensation claims in Torrance, including those pertaining to forklift accidents and other work vehicle accidents. We know how damaging these incidents can be and that you are likely to have many important legal questions about your recovery options.

Our firm listens to each client’s individual story, helping them identify the key areas of concern they will face in their recovery efforts and determining the full range of recovery options available to them. We know that no two cases are alike and provide client-focused legal counsel in every work injury case we represent.

You have a limited time in which to file a workers’ compensation claim in Torrance, and there is always a chance of encountering unexpected problems with your employer and/or their insurance carrier. You could also have grounds to seek further recovery outside of the workers’ compensation system, depending on how your accident happened. Whatever your case entails, you can trust the team at Pratt Law Corporation to guide you through these proceedings.

Filing a Workers’ Compensation Claim for a Forklift Accident

California law requires almost every private employer in the state to have workers’ compensation insurance, and this insurance serves two important purposes. It protects employers from civil liability for their injured employees’ damages. Instead of the employer facing liability for a personal injury claim, their workers’ compensation insurance provides benefits to the injured worker. Most employees are covered by these policies.

Whenever a forklift accident happens, the victim should receive immediate medical attention, and once they have been treated, they should request their workers’ compensation claim filing materials from their employer. The employer is required to create an incident report for the accident and facilitate the employee’s claim. If the employer interferes with the claim filing process or retaliates against the employee, these actions will lead to severe penalties.

Filing a workers’ compensation claim follows a similar framework to what you would expect when filing any other type of insurance claim. You submit your proof of loss forms to the insurance carrier along with any supporting documentation it requires. The insurance company investigates your claim, and if it approves it, you will receive your determination of benefits. However, you face additional complications compared to most other types of insurance claims.
As part of the claim filing process, injured workers are typically required to undergo medical evaluations from workers’ compensation physicians. Your employer can provide a list of local doctors you can visit for a disability assessment. The doctor you see will examine your injury and assign you a disability rating from 1 to 100, indicating the severity of your condition.

After completing your claim forms and obtaining the medical report from the workers’ compensation physician, you are ready to submit your claim to your employer’s insurance carrier. Your Torrance forklift accident attorney can help with this process, and they can be ready to address any unexpected complications you encounter with the insurance company’s handling of your claim.

What Are the Most Common Forklift Injuries?

Forklifts are inherently dangerous in several ways. These specialized work vehicles are designed with workplace safety in mind and have various features designed to minimize the chance of accidents, but forklift accidents remain a commonly reported cause of workplace injuries in various industries each year.

When a forklift accident occurs, injuries can result from contact with the forklift itself or from the object it is holding or carrying. It’s possible for the forklift’s load to be too heavy and fall, causing severe injuries to anyone below. These accidents may result in traumatic brain injuries, crushing injuries, and broken bones. Some of these injuries may heal in a relatively short time with appropriate care, while others result in permanent disabilities.

It’s also possible for someone to be pinned by a forklift or struck while the forklift is in motion. Forklift operators can suffer severe injuries if their machines fail, and it is also possible for severe burns or even explosion injuries to occur from catastrophic battery failures. Defective forklifts are also capable of causing electrocution injuries.

Broken bones, electrocutions, crushing injuries, and traumatic brain injuries are just a few ways for forklift accidents to happen. It is also possible for a forklift operator to have caused their own injury and still qualify for workers’ compensation benefits. However, if you were working under the influence of alcohol or drugs or intentionally violated workplace safety rules, these factors could disqualify you from workers’ compensation benefits.

Benefits Available From Workers’ Compensation Insurance

The main goal of workers’ compensation insurance is to provide financial support to an injured worker as they recover. If your claim for workers’ compensation benefits is approved, you can expect two types of compensation from the insurance company. First, they will pay for any medical care you will need to recover as fully as possible. It’s not only possible to receive full coverage for immediate healthcare expenses but also ongoing rehabilitative care.

Second, the injured worker can receive income replacement benefits in the form of partial disability benefits or total disability benefits. The worker may qualify for partial disability if they are still able to work after their injury but cannot earn the same amount of income as they did previously. Total disability benefits are awarded when a claimant cannot work at all until they recover.

If you are awarded partial disability benefits, you will need to report your weekly income to your employer’s insurance carrier, and each weekly benefits payment you receive will reflect how much you are able to earn. These benefits can effectively make up the difference in your diminished earning power following a work-related accident.

When you are awarded total disability benefits, you can expect about two-thirds of your average weekly income every week for up to 104 weeks or until you recover enough to return to work. It’s possible to have these payments spread out over a five-year period if necessary, and if you suffered a catastrophic and permanently disabling injury, it is possible to qualify for permanent disability benefits.

Potential Complications With Your Workers’ Compensation Claim

Your Torrance forklift accident attorney can be invaluable for all stages of your workers’ compensation claim filing process. They can verify that your employer has handled the situation in good faith and met their obligations under the state’s workers’ compensation laws. They can also verify that the insurance company has handled your claim appropriately and delivered a fair determination of benefits.

If your workers’ compensation claim is denied, you can rely on your attorney to help resolve the situation. This may involve an appeal and/or communication with the California Division of Workers’ Compensation. It is also possible that you could have grounds to pursue further compensation outside of the workers’ compensation system, depending on how your forklift accident happened and who is responsible for causing it.

Additional Recovery Options for Your Forklift Accident in Torrance

Workers’ compensation insurance typically shields covered employers from civil liability for their injured employees’ damages. This means you cannot file a personal injury claim against your employer in response to a work-related injury. However, it only applies if the employer has appropriate insurance coverage. If they do not, they are not only liable for your damages but also face penalties from the state.

It is also possible for your accident to have occurred due to the actions of a third party who is not employed by your employer. If any third party caused your forklift accident, or if the accident happened because of a defect in the forklift, it could form the foundation of a third-party personal injury suit. This civil action could enable you to recover compensation for damages that workers’ compensation insurance can’t cover.

Your Torrance forklift accident attorney can help determine whether you have grounds for a third-party personal injury claim and, if so, assist you with filing the claim. While you can generally expect full coverage of your medical expenses through workers’ compensation insurance, you can only expect partial compensation for your lost income, and workers’ compensation insurance will not compensate you for your pain and suffering.

A third-party personal injury claim could potentially enable you to recover compensation for any damages that your employer’s insurance will not cover. Specifically, you can seek compensation for the lost income and lost future earning potential that workers’ compensation insurance can’t cover, and you can seek pain and suffering compensation. State law does not limit pain and suffering in these cases, so this could substantially increase your overall recovery.

Resolving Your Forklift Accident Claim in Torrance

Ultimately, every work injury case in Torrance is unique, and every injured worker faces different challenges as they seek compensation for the damages they have suffered. When you choose Pratt Law Corporation to represent your forklift accident case, you can expect compassionate and responsive legal counsel through all phases of your recovery efforts until you receive appropriate compensation for your damages.

If your employer fulfills their legal obligations and their insurance company handles your claim in good faith, it should only take a few weeks for you to receive your determination of benefits from the insurance carrier. If you have grounds to pursue further legal recourse, such as a third-party personal injury claim, it will likely take longer, but a good attorney will know how to streamline these proceedings.

Most personal injury cases filed in Torrance do not go to trial and are instead resolved through the private settlement negotiation process. This process enables all parties involved to reach mutually acceptable terms for settling their case while saving time and money they would otherwise spend in litigation. A good attorney can assist you in settling your claim quickly if possible, and you will need their help to navigate litigation if necessary.

When you have been injured at work, it is natural to worry about your recovery and the potential medical complications you face from your injury, along with the economic impact of your inability to work. When you choose Pratt Law Corporation to represent you, you are investing in a seasoned legal advocate ready to address the unique challenges you face as you seek compensation for your damages.

Our team can meet with you to listen to your story and determine the full scope of the recovery options available to you. While many workers’ compensation insurance carriers process claims in good faith, some will attempt to take advantage of injured workers who do not have legal counsel. It is also possible for injured workers to be exploited and mistreated by their employers.

Pratt Law Corporation can provide the legal counsel you need without adding to your economic concerns with overly expensive attorneys’ fees. We only get paid if you get paid, thanks to our contingency fee billing policy. When you have a contingency fee agreement with your attorney, they take a percentage of your final case award as their fee instead of charging ongoing fees. However, they only take this fee if you win your case.

If you are struggling with the aftermath of a forklift accident in Torrance, it is vital to have legal counsel you can trust to guide you through your recovery efforts. The sooner you connect with an experienced Torrance forklift accident attorney, the more likely you are to successfully recover the maximum amount you can legally claim. Contact Pratt Law Corporation today and schedule your consultation with our team to learn how we can help.