Houston Forklift Accident Attorney

While you might receive Texas Workers’ Compensation benefits for a workplace forklift injury, you may also be eligible for other compensation depending on the circumstances of the accident.

To learn more about your rights and whether you can file a compensation claim, call Havens & Associates at (713) 955-2215 for a free consultation with a Houston construction accident lawyer.

What should I do after being in a forklift incident?

Your health and safety come first, so your first call after a forklift accident should be for medical attention. This can include an ambulance ride or visiting your workplace-approved urgent care center for a workers’ compensation injury.

Why you should visit the doctor as soon as possible

You should always get a medical evaluation after getting hurt. Certain injuries, like a concussion or internal organ damage, don’t always present symptoms right away. When they finally do, you’re in a much worse position than you would have been if you’d gotten prompt medical attention.

Your medical records from right after the accident are also valuable to your claim against the party that caused the accident. Save everything from your doctor’s visit, ambulance ride, and all follow-up medical appointments, like your diagnosis and doctor’s aftercare instructions.

Your next steps after seeing a doctor

After your medical condition has stabilized, there are a few other things to consider:

First, if the accident happened at work while you were on the clock, you have to report it to your employer. If your employer has workers’ compensation insurance coverage (Texas does not require employers to carry this), follow the instructions for filing the claim and which doctor to see.
If your employer does not have workers’ compensation insurance coverage, you can file a lawsuit for damages against the person or other entity (like the company itself or the forklift manufacturer).
Call our firm if you’re unsure what kind of insurance coverage your employer has for injured workers or don’t know what to do next. Our experienced Houston forklift injury attorneys can help. Find out your options for covering medical care, what kind of wage benefits you may be eligible for, and how to get the compensation you deserve.

How can a Houston forklift accident attorney help me?

Your lawyer is your advocate, representing your interests and fighting to ensure you get fair compensation for your losses and other injuries.

Once you determine the appropriate action, trust your attorney to guide you through the legal process. If you must file a suit to get the compensation you deserve, your attorney can draft the suit and other necessary documentation to advance your claim.

Proving your case

Winning a lawsuit for compensation isn’t automatic, even if you know you were hurt because someone else was negligent. You must prove it by gathering evidence and properly admitting it into the court record. Your lawyer can gather evidence, investigate the situation, and build a claim against the other party.

If you file for workers’ compensation, your attorney can help ensure you comply with the insurer’s requirements. For instance, filing the appropriate paperwork on time and attending all doctor appointments required by your treating physician.

Advocating for full compensation

Finally, your lawyer can help you get your deserved settlement with a forklift accident injury lawsuit. Many cases are settled out of court in negotiations between the plaintiff and defendant. If negotiations fail, your lawyer will represent you in Texas civil court, arguing your case before a jury.

How much does it cost to hire a forklift accident lawyer in Houston?

Many Houston forklift accident attorneys, like those at Havens & Associates, work on a contingency basis. This means we cover the legal costs upfront and assess fees as a percentage of any settlement or jury award we secure for you.

We are happy to discuss payment arrangements in your free initial consultation, which you can book by calling (713) 955-2215.

Why do forklift accidents happen?

Some of the most common scenarios that lead to a forklift injury include:

Operator error
Improperly secured loads
Navigational hazards
Arm collapse
Equipment malfunction
Overloading
Unstable cargo loads
Snapping cables

Determining the cause of the accident often leads to the liable party or parties.

What injuries are associated with forklift accidents?

Forklift accident injuries can combine the worst of a vehicle accident with that of heavy equipment injuries, like:

Back and spinal cord injuries (including paralysis)
Crush injuries from rollovers and dropped loads
Broken bones and fractures
Traumatic amputation
Closed head trauma (brain damage)
Strains, sprains, and other soft tissue injuries

Long-term physical scarring, emotional trauma, and limited physical abilities are all common aftereffects of a Houston forklift injury.

Who may be liable for my injury?

Forklifts are small, quick, and easy to use. Their versatility lends them to use in many types of jobs, from manufacturing to maritime. Although the forklift operator is the liable party in many cases, this is not always the case.

The primary contributors to forklift accident liability include:

The employee operating the forklift
The foreman or supervisor responsible for ensuring proper forklift use (not using it for purposes other than intended)
The employer responsible for training proper use of a forklift
Other employees who may be irresponsible or otherwise causing a danger to the operator
The party responsible for loading the forklift
The equipment manufacturer, if the design of the finished product contained an inherent, dangerous flaw
A mechanic who improperly maintained or repaired the forklift

Even if the party responsible for the forklift is a fellow employee, your employer may still be liable for your injury. Lack of training, supervision, or poor equipment maintenance could all be factors in the incident, leading to a case with multiple liable defendants.

Maritime forklift accidents in Houston

Offshore maritime injuries, like those on an oil rig, are covered by a different set of laws than Texas workers’ compensation or the laws covering civil remedies.

If you were hurt offshore, ask your lawyer which maritime laws, like The Jones Act, cover your losses. Although your employer may be based in Texas, workplace and personal injury laws follow the location of the accident, not the location of the liable party.

What kinds of damages may I be able to recover?

The aftermath of a workplace forklift accident can change your life, possibly leaving you permanently disabled. You may be unable to work for several weeks or unable to work again, period.

Any damages you seek or have been awarded are determined by whether your employer has Texas workers’ compensation insurance. If you are only eligible for workers’ comp, you may receive full medical care coverage and a partial wage replacement benefit.

If you’re disabled, you may receive additional benefits under the insurance carrier’s disability schedule.
If, however, you’re eligible for a third-party lawsuit, or your employer doesn’t have workers’ comp coverage, then you’re entitled to seek compensation for a greater number of losses, such as:

Loss of earning potential
All past, present, and future medical care
Lost wages
Scarring and disfigurement
Pain and suffering
Diminished quality of life
Emotional trauma
Property damage

Keeping accurate records of all documentable financial losses can help establish your claim. The amount of your non-economic losses, intangible factors like pain and suffering or diminished quality of life, are typically based on your economic losses.

Although non-economic losses are harder to quantify, they do have value, and a skilled forklift injury lawyer can build a strong case for the highest amount possible.

Are undocumented workers eligible for compensation?

Yes, no matter their legal status, injured workers have the right to workers’ compensation. However, they may run into difficulties securing that compensation. Language barriers, unfamiliarity with Texas workplace injury laws, and a fear of being deported may keep an injured undocumented worker from getting the benefits they deserve.

Even if you are undocumented, speak to a lawyer. They can give you a better idea of what options are open to you. As long as an employer-employee relationship exists, you should be able to demand compensation for any negligence-caused injury at work.

What if my employer has workers’ compensation? Do I still have a case?

Yes, in some cases, you may be able to claim workers’ compensation benefits and file a lawsuit for damages. This is a situation in which a third party is responsible for a workplace accident.

Ask your lawyer about the possibility of a third-party claim, such as if a subcontractor or other non-employee caused the accident.

Hurt on a forklift? Call us.

Do you need help filing a claim for injuries after being hurt in a Houston forklift accident? Whether you suffered a forklift injury on a ship, rig, or on land, the legal team at Havens & Associates can help you get the compensation you need for your medical care, missed wages, and other losses.

You may have these questions about forklift accidents

Before your free initial consultation, you likely have many questions. Here are answers to a few of the most common ones.

What are the OSHA requirements for driving a forklift?

OSHA requires forklift drivers to:

What is emissions poisoning?

Forklifts use diesel, gasoline, or lead-acid batteries for power. When the engine of these small trucks is running, it emits toxic fumes. In poorly ventilated areas, these fumes can cause serious illness or disease. Take care when using a forklift in an indoor workspace, especially without open doors or windows.