![]() Thousands of companies use forklifts every day. At that time, you may be able to collect unemployment while looking for a new job. However, your workers’ comp benefits will continue until you are fit to work. If you’re unable to work because of workplace injuries, your employer can legally lay you off if it’s too much of a hardship to keep your job open. Additionally, you have the right to report industrial safety violations that contributed to the forklift accident.įederal and state laws make it illegal to fire an injured employee for reporting safety violations or filing a workers’ compensation claim. You also have the right to file a claim for workers’ compensation benefits. You have the right to report the forklift accident and your injuries to your employer. Know Your Rights After a Forklift Accident Your attorney can handle your workers’ compensation claim if that’s the best option for you. Take the time to seek legal advice from an experienced personal injury attorney. However, don’t rush into filing a workers’ comp claim if you suffer serious work injuries and might need to pursue legal action. While many states allow a year or more to file a workers’ compensation claim, you should file your claim sooner rather than later. When you notify your employer of the forklift accident and your injuries, they should provide you with the forms and instructions you’ll need to file a workers’ compensation claim with their insurer. Your boss might take your word for it, but the workers’ compensation insurance company will require justification for any time you miss work. If your doctor hasn’t given you a note to excuse you from work, ask for one. Just let your employer know how long the doctor says you’ll be off work. You don’t have to disclose medical information to your employer. If you miss the deadline, you may lose your right to workers’ compensation coverage. Many states have deadlines for reporting workplace injuries. If not, you must notify them as soon as possible. Your employer may have been on the scene when the forklift accident occurred. Try to make your notes as soon as possible, while everything is fresh in your mind. ![]() ![]() When you’re able, write down everything you remember about the circumstances leading up to the forklift accident, how it occurred, and what happened afterwards. Photographs and video are compelling forms of evidence in injury claims and lawsuits. However, if there is a possibility of a lawsuit against your employer, or a product liability claim against the forklift manufacturer, you’ll need evidence of fault. You don’t need to prove fault for a workers’ comp claim. If there is blood on the floor or on you, get pictures of that too. If you are physically able, try to get pictures of the forklift and the area where the accident occurred, or ask a coworker to take some pictures. It’s important to get everything in your medical records so the insurance company won’t challenge the severity of your injuries or time off from work. Don’t leave out any symptoms or lesser injuries. Tell your medical providers where and how you were injured. If you’re not transported to the hospital, have someone take you to the emergency department, urgent care, or your personal doctor. The adrenaline rush after an accident can mask pain and other symptoms. You might be more severely injured than you realize. If your boss or coworker wants to call an ambulance, let them. You are still entitled to workers’ compensation insurance coverage if you’re injured on the job, so long as you weren’t intoxicated or engaging in horseplay. Seek Immediate Medical Attentionĭon’t downplay your injuries, even if you think the forklift accident might have been your fault. The actions you take after a workplace accident can protect your health and ensure you get fair compensation for your injuries. ![]() What to Do After a Forklift Accident at Work Workers who’ve been seriously injured by a forklift accident are entitled to full compensation from workers’ comp and any other parties who contributed to the accident. Each year in the United States forklift accidents kill 200 workers and seriously injure another 20,000 workers.
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