Forklift Driver Worker’s Comp Injury Claim

Many workers who suffer an injury while on the clock are confused when they are told they should open a worker’s comp claim because they never purchased that insurance coverage. They are unaware that the state requires all employers to participate in the plan and pay the entire cost of covering their employees with this accident insurance policy. So, the hurt workers often suffer in silence, thinking they cannot afford the cost of medical treatment and have no coverage under an employer-paid program like worker’s compensation.

Please know that any time you suffer an injury while you are working at your regular job, you are covered by worker’s comp. Even if your employer is unwilling to assist you in opening the claim, you have the right to seek benefits and help to get the medical care required by any on the job injuries you suffered. In addition, your employer has no say in which claims are processed or if your injury is eligible for coverage. They must pay for the program but are never involved in evaluating injuries or granting compensation and benefits. They are also prohibited from stopping an employee from opening a worker’s comp claim or punishing them if they use the benefits provided by the program. Please reach out to DTLA Law Group if you have been threatened with a demotion, decrease in wages, or fire if you try to open a worker’s comp claim or if your employer is not willing to provide the information needed to begin your claim.

When you think about operating a forklift, there are really no severe hazards that might come to mind. Most of these pieces of equipment are used in warehouses that have flat, smooth floors and are protected from harsh weather or environments. However, there are several accidents that are commonly associated with forklift operation and injuries to forklift drivers, including:

• Injuries from falling objects, such as items stacked on a pallet incorrectly that call onto the forklift driver or hazardous liquids that can splash or spill from a barrel or other container that is damaged before being relocated by a forklift
• Forklift collisions with obstacles or vehicles can also cause severe injuries to the forklift driver, especially if they are thrown from the driver’s seat of the forklift
• Injuries occur when the forklift driver is working as a spotter for another operator – these injuries are often caused when the driver is not focused on the instructions being provided, and they hit the spotter or drop load on them, causing serious injuries
• Forklift drivers can also suffer electrical burns or electrocution if there are unmarked electrical lines near the operating area that are damaged or broken when the forklift is driven into them

If you are involved in any forklift incident while at work, it is crucial you seek a complete medical evaluation to ensure you did not suffer harm that is masked by the shock of the incident. Getting a fast and proper diagnosis for your injuries and swift medical care will provide the most promising results for your recovery and return to work.

Sadly, the majority of the injuries suffered by forklift drivers are somewhat severe and require medical care and time to heal. The most common of these include:

• Fractured, broken, or shattered bones
• Severe lacerations or puncture wounds that can include damage to internal organs and internal bleeding
• Partial or complete amputations
• Damage to the soft connective tissue of joints or complete joint dislocations
• Compression and crushing injuries
• Harm to the delicate facial skin, eyes, ears, nose, and mouth
• Injuries to the neck, back, and spinal cord
• Soft tissue and nerve damage
• Head injuries ranging from a severe concussion or skull fracture to a traumatic brain injury

The worker’s comp program was created to help eliminate the financial hardships suffered by a worker who gets hurt on the job. The program recognizes the cost of medical care and how those expenses, combined with the loss of income while recovering from the injuries, can be devastating for the worker. The benefits provided by workers’ compensation are specifically designed to help eliminate these issues, and the added stress they create allows the injury victim to relax and focus on healing instead of worrying about mounting bills and expenses. The program provides:

• Payment in full of all medical costs related to the treatment and rehabilitation of workplace injuries up to a total of $1M – most medical care providers will bill their services directly to the program so the victim is never asked to pay any deductible or co-pay for their care
• If your injuries prevent you from immediately returning to work, the program will provide up to 66% of your regular weekly income to you to cover living expenses
• Temporary and permanent disability payments are also provided when the workplace accident results in a loss of earning potential due to limitations caused by the injuries
• If the impact of your injuries prevents you from ever returning to your current job as a forklift driver, the program will provide free vocational training to help you secure a new job after you have been medically cleared to work in a new capacity

All injured workers must open their worker’s comp claim within 30 days of suffering an injury. If they wait longer to open the claim, it will typically be immediately denied because the time limit has expired. It is critical to understand that the ultimate responsibility to open the claim with worker’s comp falls on the injured worker. So, it is wise to contact the program even if your employer states they have opened the claim on your behalf. This simple step can make a significant difference in the assistance you receive and how stress-free your recovery period is because you know you have great coverage to pay your medical expenses.

Sadly, many forklift drivers who suffer an injury at work fail to get the legal guidance they need because they are worried about the cost of this service. But when you reach out to DTLA Law Group, you will be pleased to learn that our firm never charges upfront fees or for a consultation. Our payment policy is to invoice our client only after the case is resolved and they have the compensation needed to cover their legal costs and other expenses.

In addition, if your DTLA Law Group forklift driver injury attorney fails to win your case and deliver any compensation you deserve, you owe the firm nothing for its time and investment in building your case. Please reach out to the DTLA Law Group office as soon as possible to learn more about the resources offered by the legal system and the California worker’s comp program to assist injured workers in overcoming the challenges caused by a workplace injury. Our experts can be reached 24/7 to assist you, and there is never a charge for your consultation with a skilled and successful expert at DTLA Law Group.

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