Forklifts and skid steers are pieces of heavy machinery common in industries where extremely heavy lifting is required. Unfortunately, accidents sometimes occur, and people may be seriously injured. Liability for accidents involving these machines is not always clear. You should seek help from an attorney before pursuing legal action for damages.
Injuries from forklifts and skid steers often happen while victims are at work. Generally, if you are an employee, you cannot sue your employer because of Workers’ Compensation laws, barring special circumstances. However, you may sue your boss if they were responsible if you are properly classified as an independent contractor. You might also sue third parties regardless of your employment status, such as negligent manufacturers of faulty forklifts or skid steers. This can help you get pain and suffering, even if Workers’ Compensation would usually block it from your employer.
Get a private, free case assessment by calling our Massachusetts work injury attorneys at the Law Office of John J. Sheehan at (617) 925-6407.
Can I Sue My Employer for Forklift and Skid Steer Injuries in Massachusetts?
Heavy machinery is common in certain fields of work, and many workers operate or are around forklifts and skid steers quite often. If you are injured because of a forklift or skid steer, your legal options might be somewhat complicated.
Generally, employees cannot sue their employers for work-related accidents involving forklifts or skid steers because of Workers’ Compensation laws. According to Mass. Gen. Laws Ch. 152 § 24, Workers’ Compensation is the sole legal remedy for injured employees, barring special circumstances, and they cannot sue employers for personal injuries sustained while doing their jobs.
Injured employees may sue their employers for work-related injuries, such as those caused by forklifts and skid steers, under certain circumstances. For example, if the employer does not carry the necessary insurance to provide Workers’ Compensation, or if they somehow deliberately caused the accident, the injured employee may sue.
Be sure to check with an attorney about whether you are considered an employee. Only employees are covered by Workers’ Compensation. If you were working as an independent contractor, then you are not covered, and you may sue the person who hired you if they are responsible.
Can I Sue and Receive Workers’ Compensation for a Forklift or Skid Steer Injury?
If you are an employee injured by a skid steer or forklift, and you are covered by Workers’ Compensation through your employer’s insurance, our Massachusetts work injury attorneys may still be able to file a lawsuit, just not against your employer.
According to Mass. Gen. Laws Ch. 152 § 15, if someone other than your employer is responsible for the forklift or skid steer accident, you may still be eligible for Workers’ Compensation benefits. You may also take legal action against the person responsible.
This issue often arises in cases where skid steers or forklifts cause injuries due to defects. Negligent manufacturers or retailers who sold you or your employer the equipment may be held responsible in court.
If you do sue a responsible third-party, you may be required to pay back the money your employer and their insurance paid you in Workers’ Compensation. Since Workers’ compensation typically does not cover pain and suffering, you may sue the responsible third party for these and other non-economic damages.
What if a Defective Steer Skid or Forklift Causes Injuries in Massachusetts?
As we discussed above, when skid steers or forklifts cause accidents due to defects, the manufacturer that produced them may be held responsible. Since the manufacturer is a third party, they are not protected from liability like your employer.
You do not have to have purchased the defective skid steer or forklift to have a valid claim against a negligent manufacturer. According to Mass. Gen. Laws Ch. 106 § 2-318, the lack of privity of contract between the plaintiff and the defendant is not a defense.
The manufacturer may be held responsible for negligence or a breach of implied or express warranty if the injured plaintiff is someone the defendant should have reasonably expected to use or be affected by the equipment.
Who is Liable for Forklift or Skid Steer Accidents if I am Partially Responsible?
Even if you are a little bit responsible for the accident, you can still file a claim against certain responsible third parties. According to Massachusetts contributory negligence laws, you can still sue and have the defendant held liable for your damages, but your damages may be reduced according to your degree of fault.
The trier of fact, usually the judge or jury, determines if you share any fault for the accident. Fault is usually expressed as a percentage. For example, if you are deemed 15% responsible, your damages may be reduced by 15%.
If you are covered by Workers’ Compensation, you may be eligible for benefits regardless of fault for the accident.
How Liability for Skid Steer and Forklift Injuries Affects Insurance Claims
Might have your own insurance to cover your damages after a skid steer or forklift accident. Filing an insurance claim does not usually preclude you from also seeking damages in a civil action – unless you file a Workers’ Compensation claim – but it might affect how you recover damages.
Generally, when an injured plaintiff files an injury lawsuit, they may claim the full extent of their damages, including damages covered by insurance. If the plaintiff is successful, they may be awarded the full extent of their damages. However, they may have to pay back the insurance company, since someone else is legally liable for payment.
Evidence to Prove Liability for Forklift and Skid Steer Injuries
Proving liability for an accident involving a skid steer or forklift requires extensive evidence.
We may need to focus on proving ownership of the forklift or skid steer. If the machinery malfunctioned, was it because the owner failed to maintain it? Independent contractors do not always own their own forklifts or skid steers, and they may use one owned by the client who hired them.
Various records may also help us prove liability. Records of maintenance, employee training records (if applicable), and your medical records may help us determine who was liable.
Call Our Massachusetts Work Injury Attorneys for an Initial Case Review
Get a private, free case assessment by calling our Boston work injury attorneys at the Law Office of John J. Sheehan at (617) 925-6407.