Boston Forklift Accident Lawyer
Forklifts are common pieces of heavy machinery used in a variety of work fields. They are frequently used in places like warehouses, factories, and construction sites. However, forklifts are more than just tools to get the job done. These are complex machines that can be very dangerous if operators are not adequately trained. Forklift accidents can occur in the workplace and cause serious injuries to employees.
If you were injured on the job as a result of a forklift accident, you should be compensated by the responsible parties. This could mean suing your employer, a third party, or even an insurance company. Who you choose to sue and the nature of your lawsuit will require different legal approaches. You need a qualified attorney to help you along the way.
If you were injured at work in a forklift-related accident, our Boston forklift accident attorneys can help you get monetary compensation to cover your expenses. To set up a free legal consultation with our team, call the Law Office of John J. Sheehan at (617) 925-6407.
Who Can You Sue After a Forklift Accident in Boston?
If you want to file a personal injury lawsuit after a forklift accident, the first thing you should think about is who to sue. This may seem like a silly question, but in some cases, the defendant’s identity is not always clear. In other cases, there may be more than one defendant. Our Boston forklift accident lawyers can help you through this legal process.
If workers’ compensation laws do not forbid it, you may be able to sue your employer. Employers are responsible for providing safe work environments for their employees. If an employer fails to meet certain safety standards, or perhaps causes the accident through their own negligence, you may be able to sue for damages.
You can also sue third parties who may have been working alongside, such as independent contractors. These kinds of third parties are common at places like construction sites where general contractors might hire multiple subcontractors to do work. Because independent third parties are not employers, you are not barred from suing them by workers’ compensation laws.
In some cases, a lawsuit may not be possible. Massachusetts law often requires employees to file for workers’ compensation when they are injured on the job. Workers’ compensation is not a lawsuit, but more like an insurance claim. All employers are required to carry workers’ compensation insurance to cover employees in the event of an accident. To claim workers’ compensation, you must report your accident to your employer and your employer must report the incident to their insurance carrier.
Workers’ compensation is usually legally required and prevents employees from filing personal lawsuits against their employers. However, workers’ compensation would not prohibit you from suing other independent third parties as mentioned above.
Our Boston forklift accident attorneys can help you get the compensation you need to cover all your accident-related expenses.
Dangers of Forklift Accidents in Boston
Forklift accidents can happen in a number of different ways, depending on how the forklift is being used. For example, forklifts may topple over and crush the operator or a bystander. It is also possible to lose control of a forklift and pin someone between the forklift and a wall. Forklifts are typically used to lift heavy objects high in the air. Sometimes the heavy material being lifted falls and can injure people on the ground or the forklift operator.
Forklifts are heavy pieces of equipment, and any injuries from an accident could be extremely serious or even life-threatening. This is why it is crucial that anyone using a forklift be trained appropriately. Forklifts can not only injure the operator but also anyone standing nearby. Depending on what field you work in, there may be legally imposed safety requirements for forklifts. If these safety standards are not adhered to, accidents may happen that can lead to lawsuits or claims.
If you were unfortunately injured in a forklift accident at work, you may have several legal options. For many, you will have to file for workers’ compensation as it is required by law in most circumstances. If you are the exception to this rule, our Boston forklift accident attorneys can file a personal injury lawsuit to claim damages and receive compensation.
Claiming Damages After a Forklift Accident in Boston
When filing a personal injury lawsuit after a forklift accident at work, you may claim a variety of different damages depending on how you were injured and what kind of expenses you incurred as a result. Damages may apply to physical losses like injuries and non-tangible losses like mental anguish.
When calculating damages for both personal injury suits and workers’ compensation, you must consider all your medical bills. Forklift injuries are often quite severe, and injured employees may rack up costly bills. If your injuries are particularly serious or long-lasting, you might be faced with future or ongoing medical expenses like physical therapy or prescribed medications.
You can also claim lost wages as damages. People who are injured in forklift accidents tend to take time off work to recuperate. Losing this income on top of paying for medical bills can put people in a very tight spot. For personal injury cases, you can include the total amount of your lost wages as part of your damages. You may even claim lost future earnings if your injuries will prevent you from working for a long time or indefinitely. However, workers’ compensation will cover only a portion of your lost wages, usually about two-thirds.
Non-tangible or non-physical damages typically include pain and suffering. Forklift accident injuries are often very painful. Medical treatments, like surgery, can also place added stress and pain on the body. Additionally, you may suffer emotional or mental pain after your accident that should be included with your damages. However, damages for pain and suffering may only be claimed in a personal injury lawsuit, not under workers’ compensation. Contact our Boston forklift accident lawyers for help determining your damages.
Contact Our Experienced Boston Forklift Accident Attorneys
If you or someone you know has been injured in a forklift accident at work, please reach out to our Boston forklift accident lawyers for help. Our team is here to guide you through the legal process and get you compensation for your injuries. To schedule a free and confidential legal consultation, call the Law Office of John J. Sheehan at (617) 925-6407.