Warehouses, packing plants, and construction sites across Florida rely on forklifts every day to get the job done, despite their inherent risks. Common causes of forklift accidents and crush injuries include rollovers from fast or sharp turns, workers struck in crowded aisles, unsecured loads falling from forks, and employees trapped between forklifts and walls.
Common Injuries in Forklift Incidents
The size and weight of the machine, combined with the loads it carries, can lead to severe injuries in forklift accidents. Injuries workers commonly suffer include:
- Crushed hands, feet, and pelvis
- Broken ribs and internal organ damage
- Traumatic brain injury from a strike or fall
- Amputations of fingers, hands, or lower limbs
- Spinal cord damage that leads to paralysis
An injury that seems minor immediately after being crushed or pinched can involve more serious damage to muscles, nerves, blood vessels, or internal tissues. Swelling, numbness, weakness, and increasing pain may not develop for hours. Getting examined the same day creates an early medical record and allows hidden injuries to be identified before symptoms worsen.
Legal and Reporting Deadlines in Florida
Florida workers’ compensation claims come with firm reporting deadlines. Under Florida Statutes § 440.185, an injured employee generally must notify the employer within 30 days of the accident or within 30 days after the injury becomes apparent.
A workers’ compensation petition then has its own separate two-year filing deadline running from the date the worker knew or should have known the injury was work-related. Insurance carriers watch these deadlines closely, and a missed one is often the first thing they raise when denying benefits.
Third-Party Forklift Accident Claims
Not every forklift injury is limited to what workers’ comp will pay. When someone other than the employer caused or contributed to the accident, you can pursue a civil lawsuit for damages workers’ comp does not pay.
A defective forklift, an outside maintenance company that missed a worn brake line, or a shipping contractor whose overloaded pallet fell can each open the door to a separate third-party claim. Damages available in a third-party lawsuit may include the following:
- Pain and suffering
- Loss of enjoyment of life
- The full amount of lost wages, not just the two-thirds workers’ comp pays
- Mental anguish and emotional distress
- Loss of consortium for a spouse
- Punitive damages in cases involving reckless conduct
A third-party recovery runs alongside a workers’ comp claim. However, the comp carrier is usually entitled to reimbursement from any settlement or verdict for benefits it already paid.
Take the Next Step on Your Forklift Injury Claim
A forklift crush injury can flip the family budget in a single afternoon, and the workers’ comp system is not built to hand out fair benefits without a push. Insurance carriers count on injured workers backing off. Still, our team has built a reputation for taking forklift injury cases all the way to trial when it is the right move for our client, giving us more leverage at the negotiating table.
Call Smith, Feddeler & Smith, P.A. at (863) 688-7766 or contact us online to schedule your free case evaluation.
