Forklift accidents can lead to serious, catastrophic or fatal injuries. This makes it important for those operating or involved with the operation of forklifts to follow safety protocols, precautions, and regulations that affect forklifts at construction sites. Many construction workers do not have enough money saved to take care of all the losses incurred as a result of these potentially devastating accidents. If you were injured or a loved one was killed, call the Chicago forklift accident attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. When we develop our thinking around recovering damages in a third party lawsuit your case, we will also consider workers’ compensation benefits or SSDI claims as potential forms of recovery we can pursue on your behalf. We have years of experience dealing with the subrogation issues that arise when multiple types of claims are made after an accident.Recovering Damages for Forklift Accidents
Factors that often cause forklift accidents include speeding; elevated load; communication failures; goofing off with the crane; improper parking; failure to following the appropriate procedures when turning, backing up, and braking; overworked or stressed forklift operators; poor maintenance of forklifts; failing to replace forklifts when they aren’t safe to use; and encouragement for forklift operators to work more quickly and abide by fewer procedures than is safe. Most forklift accidents can be prevented through adequate operator training and retraining.
In order to recover damages for forklift accidents, we will need to prove it’s more likely than not: (1) you were owed a duty of reasonable care, (2) the duty of reasonable care was breached, (3) causation, and (4) actual damages. The duty of reasonable care may have been breached for instance if you work for a different subcontractor and the forklift operator backed up into you without using the appropriate protocols. Similarly, there may be a breach in the duty of care if the forklift operator was doing tricks with the forklift and struck you, causing injuries.
Your damages may be reduced by the percentage of fault you bear for your own injuries. For instance if you were asking a forklift operator to do tricks, the jury may believe you are partially to blame for what happened. In that case, your damages would be reduced by an amount equal to your percentage of fault, and if the jury determined you were 50% or more at fault.
Damages we may be able to recover depend on the extent of the injuries you suffered as a result of the forklift accident. They can include medical expenses, lost wages, lost earning capacity, disfigurement, loss of consortium, pain and suffering, loss of enjoyment of life, and mental distress. In the case of egregious misconduct with a forklift on a construction site, a request for punitive damages may be warranted. These are damages intended to punish and deter misconduct.Workers’ Compensation Benefits
Our lawyers do not need to prove liability in a workers’ compensation claim. Rather these claims seek no-fault benefits; while we don’t establish anybody’s liability in such a claim, we will need to establish that the accident occurred on the job. Workers’ compensation benefits are the only remedy you can seek vis-à-vis your employer. However, they do not cover the full scope of your losses. They will cover a portion of your wage loss, as well as medical expenses that are deemed “reasonable and necessary,” and they’ll provide vocational rehabilitation.Consult a Chicago Forklift Accident Lawyer About Your Claim
If you were injured by negligent operation of a forklift at a construction site, you need seasoned legal representation. Call the trusted Chicago forklift accident attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to handle your personal injury lawsuit, workers’ compensation claim, or SSDI claim arising out of the accident. Call us at 312-263-6330 or 800-444-1525 or complete this online form .