Forklift in warehouse

Forklift Accident Lawyers

Forklift injuries are particularly dangerous given the size and weight of a forklift. Often times people are crushed or run over by forklift operators who are not paying attention or are not following all the safety rules that apply specifically to forklifts.

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Forklift Injuries

At warehouses, factories, construction sites, and other workplaces in Texas and New Mexico and across the country, thousands of forklifts and forklift operators are lifting, moving, and depositing tons upon tons of materials. It takes a lot of power to do this heavy work and a lot of training and skill to operate a forklift safely. But accidents involving these large, complex, and dangerous machines happen with disturbing regularity, injuring and killing workers at a rate that exceeds other types of workplace accidents. 

While forklift accidents may be frequent, they are far from inevitable. And while some forklift accidents are genuine “accidents,” the overwhelming majority of injury-causing forklift mishaps could have been avoided if operators had received the required training, equipment had been properly maintained, and employers had followed all applicable workplace safety rules and regulations. 

When workers operate forklifts negligently or employers fail to meet their obligations regarding forklift safety, causing employees or others’ injuries or deaths, the workers and families whose lives and livelihoods have been disrupted need and deserve compensation for their losses.

At Glasheen, Valles & Inderman Injury Lawyers, we represent victims of avoidable forklift accidents that arise from negligence, carelessness, recklessness, or blatant disregard for workplace safety. With a deep commitment to our clients’ well-being, our forklift injury lawyers pursue the maximum compensation available on behalf of injured Texas and New Mexico workers injured in forklift accidents. 

Glasheen, Valles & Inderman Injury Lawyers: Texas and New Mexico Forklift Accident and Injury Lawyers

If you’re a Texas or New Mexico worker who’s suffered injuries in a forklift accident, or the family of someone who lost their life in such an accident, you may be able to obtain significant compensation for your injuries and losses. At Glasheen, Valles & Inderman Injury Lawyers, we are steadfast allies for injured workers and their families. We work tirelessly to get our clients the maximum amount of compensation available for forklift injuries or the death of a family member.

To arrange a free consultation with one of our experienced forklift accident injury attorneys at our offices in Lubbock, El Paso, Odessa, Austin, or Albuquerque, please contact us at 866-492-2509.

 

If you or a loved one has been injured in an accident regardless of where you live, we will be happy to evaluate your potential case through a free consultation.

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    Past Success

    Our firm has handled several forklift injuries including a crush case for $492,419.79.* *All Amounts listed are Net to Clients. Results obtained depend on the facts of each case.

    Toggle Modal all workplace-accidents forklift-injuries
    1 Million
    Forklift Injury | Partial Leg Amputation
    Toggle Modal all workplace-accidents forklift-injuries
    1.7 million
    Forklift Injury | Partial Foot Amputation
    Toggle Modal all motorcycle-accidents brain-injuries truck-accident-lawyer
    9.9 million
    Motorcycle/18-Wheeler Truck Wreck | Brain Injury

    Causes of Forklift Accidents and Injuries

    It isn’t easy or intuitive to safely operate a forklift. It requires significantly more training, experience, and caution than driving other types of vehicles or machinery, and operators must maintain a constant awareness of nearby people and objects. 

    But all kinds of operator negligence can lead to accidents, including:

    • Driving too fast
    • Employee horseplay
    • Unbalanced or inadequately secured loads
    • Improper turning, braking, or other driving conduct
    • Backing up when unsafe
    • Failing to account for low clearances, narrow corridors, and the presence of other workers

    But operators aren’t always responsible when things go tragically wrong with a forklift. Employers have a responsibility to ensure safe forklift use and maintenance and keep a safe work environment, but they often fail to do so by negligently:

    • Failing to provide proper training
    • Failing to maintain the forklift
    • Not adopting and enforcing clear safety rules
    • Failing to provide a safe work environment for forklift operation

    All these failures can contribute to the many types of accidents involving forklifts that occur every year. Rollovers are one of the most common causes of injuries and deaths. These accidents can be caused by: 

    • Turning too quickly
    • Overweight, uneven, or unbalanced loads
    • Abrupt mast movement
    • Turning on an incline
    • Driving with the load elevated
    • Driving on uneven surfaces

    Other common types of forklift accidents include: 

    • Pedestrian impacts caused by operator inattention, fatigue, distracted driving, and carelessness
    • Being struck by an object
    • Falling loads
    • Forklift falling off a dock or trailer
    • Workers falling from forks
    • Mechanical failures due to poor or infrequent maintenance
    • Workers crushed by forklifts
    • Trips, slips, and falls

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    Glasheen Valles and Inderman was the best choice by far. - Eleana Flores


    Almost 100,000 Forklift Injuries Each Year

    According to the Industrial Truck Association, about 855,900 forklifts are in operation at any given time in the U.S. Statistics from the Occupational Safety and Health Administration (OSHA) reveal that 11 percent of those forklifts will be involved in an injury-causing accident. OSHA also reports that:

    • Forklift accidents injure almost 97,000 Americans every year
    • Of those accidents, 34,900 have resulted in serious injuries and permanent disability
    • An average of 85 Americans die in forklift accidents each year

    In 2020 alone, according to the National Safety Council, forklifts were the source of 78 work-related deaths and 7,290 non-fatal injuries involving days away from work. While the average number of days away from work due to all workplace accidents and injuries is 12 days, forklift accidents and injuries result in an average of 17 days off work, costing employers and employees significant sums. 

    If you or a loved one have been injured, contact our forklift injury attorneys to schedule a complimentary consultation.


    Workers' Compensation May Not Cover All Losses After a Forklift Accident

    Many non-fatal injuries caused by forklift accidents are catastrophic and life-changing, including traumatic brain injuries, spinal injuries, and amputations. More often than not – but not always – workers injured in forklift accidents are limited to workers’ compensation benefits to pay for their medical care and compensate for lost wages while they cannot work. 

    Unfortunately, the struggles following a debilitating forklift injury often compound when an employer or workers’ compensation insurer challenges an injured worker’s right to benefits. They might assert that the injuries were not caused by the accident, that they aren’t as severe as claimed or otherwise don’t warrant the amount of benefits sought.

    Even when an employer provides all available benefits after a forklift accident, these benefits can be far from sufficient to cover all the losses that follow a catastrophic injury. That is why we not only fight to ensure our clients get all the workers’ comp benefits to which they are entitled, but we also investigate and pursue claims for compensation against any third parties that may be responsible for a forklift accident, such as the manufacturer or a contractor charged with maintaining the machine.

    If a third party other than the employer is at fault for an accident and injuries, they can be held accountable, and an injured worker can seek compensation from them in a civil personal injury lawsuit. The damages recoverable in such cases can far exceed workers’ compensation benefits and include compensation for losses like pain and suffering, loss of consortium and companionship, and other elements of personal injury damages not included in workers’ compensation benefits.   


    GVILAW Injury Lawyers

    Our Team is Here to Help

    Below is a list of some of the most-frequently-asked questions by our clients and prospective clients. If you still have any questions, feel free to contact us.

    • I was hurt at work and my employer does not have workers’ compensation, can I make a claim for injuries?

      In Texas employers are not required to carry workers’ compensation. However, if an employer does not have workers’ compensation and an employee gets injured at work, then a claim can be made against the employer for the employer’s negligence, if any, that caused the injury. Our firm handles quite a few of these claims against employers who do not carry workers’ compensation. These claims are known as “non-subscriber” work injury claims. Because there is no limit on the damages in a non-subscriber case, there can sometimes be a substantial recovery. We have recovered in excess of a million dollars for many different clients with non-subscriber cases.

    • Why should I hire an attorney?

      Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

      The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.

    • How and when do I pay for a personal injury attorney?

      Most personal injury attorneys work on what is called a contingency fee basis, which means that you pay the attorney only if and when the attorney has successfully made a recovery in your case, either by settlement or by winning a jury trial. Our philosophy is that clients have enough to worry about, so clients at Glasheen, Valles & Inderman never pay us a dime out of their pockets directly; when you’re case is finished, the insurance company sends a check to our law firm, we take our percentage fee from that check, and send the remainder to the client.

      In the rare event we are unable to make a recovery on your case, you still don’t pay us a dime, and that even includes case costs, court costs, expert fees, and any advances. There is truly zero risk in hiring a personal injury law firm like Glasheen, Valles & Inderman.

    • How do you identify a board-certified attorney?

      A Board Certified Attorney is entitled to indicate certification on business cards and letterhead by stating “Board Certified by the Texas Board of Legal Specialization.” The Attorney may also display the certificate of Special Competence awarded by the Texas Board of Legal Specialization, and list the certification in legal directories and telephone listings under “Attorneys-Board Certified.” Kevin Glasheen is Board Certified in Personal Injury and Civil Trial Law.

    • How long do I have to make a claim for personal injuries?

      For personal injury claims the time period to file a claim could be anywhere from one year to four years depending upon the type of claim that you have. Generally, the time limit is two years to file suit in Texas. It is important to get advice from an attorney because the exact time limits can depend upon the specific facts of your case. It is important to hire an attorney soon after an accident. The insurance companies usually respond immediately and so should you. An attorney can help preserve evidence that otherwise may be lost forever.

    • What is my claim worth?

      Personal injury claims are usually resolved by either settlement or by a jury. When a case is settled, it is the client’s decision of whether or not to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims.A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, compensation for impairment – that is loss of use, and disfigurement damages. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.