Operating a forklift, whether inside a warehouse, on a construction site, or any place else, can be extremely useful when it is used correctly and extremely dangerous when it is not. Unfortunately, even properly trained and experienced forklift drivers make mistakes every so often, which may result in injury. The less qualified an operator is, the more likely they are to seriously harm themselves and others around them.
When you have been hurt in a forklift incident that was not your fault, you should strongly consider reaching out to a Las Vegas forklift accident lawyer for help with a possible civil claim. At Shook & Stone, our committed construction accident attorneys could assist you with obtaining the compensation you deserve through workers’ compensation, a third-party lawsuit, or a combination of both.
Recovering Through Workers’ Comp and Civil Litigation
Depending on the circumstances of your forklift injury, you may have more than one option for pursuing financial restitution. When you are hurt in a forklift accident while working on a job site or performing job-related tasks, you may be eligible for workers’ compensation coverage provided by your employer. This coverage typically includes reimbursement for essential medical bills, most of your missed wages during recovery, and additional benefits on a “fault-free” basis.
It is important to note that, as a tradeoff for workers’ comp coverage, you cannot file a lawsuit directly against your employer over a forklift accident, even if their negligence caused the incident. However, as a knowledgeable forklift accident attorney in Las Vegas could explain in more detail, you may be able to pursue litigation against any third party other than your employer whose reckless or careless conduct contributed to your injury.
Who Could Be Liable for a Forklift Accident?
Unlike workers’ comp, a forklift accident lawsuit is built around “fault”— specifically, proving that someone else was at fault for causing your injuries through “negligence.” Depending on the situation, it may be possible to name an individual contract worker, a third-party supplier, or even the manufacturer of the forklift itself as the defendant in such a claim, provided that you can prove they breached their “duty of care” and caused you harm as a direct result.
The upside to meeting this increased standard for recovery is that a successful civil claim could result in compensation for various damages that workers’ comp would not cover. This includes full restitution for:
- Physical pain
- Psychological distress
- Lost overall quality of life
- Lost income or working capacity
A skilled lawyer in Las Vegas could help guide you through what damages you may be able to recover from your forklift incident.
Contact a Las Vegas Forklift Accident Attorney Today
As important as forklifts are to modern industrial and construction operations, it is crucial to acknowledge the potential for serious injuries when accidents occur. Fortunately, you have the right to seek financial compensation when you are hurt by someone else’s negligence with a forklift.
At Shook & Stone, we know how traumatic an incident like this can be, and our seasoned attorneys are dedicated to helping you get paid for all of your compensable losses. Call today to learn how a Las Vegas forklift accident lawyer could assist you.
