Your Next Steps After a Forklift Injury

May 24, 2024 | Personal Injury,Workers' Compensation

If you work in construction, transportation, or warehousing in Southern California, it’s likely that you’re familiar with forklifts and their dangers. Forklift accidents can be incredibly dangerous, often resulting in permanent or fatal injuries for workers. Whether you’re injured while operating a forklift or you’re just unlucky enough to be in the vicinity when something goes wrong, it’s essential to talk to a workers’ compensation lawyer immediately. At Pisegna & Zimmerman workers’ compensation law firm, we try to make your claim process as simple as possible. We’re ready to meet with you over Zoom and handle your documents with DocuSign so you don’t even have to leave home. Call us at 818-888-8888 to set up a time to meet now.

OSHA has strict standards regarding the use and maintenance of forklifts. These standards may help your claim, as companies that violate these standards may be willingly putting their employees at risk. Some standards relate to the handling and storage of materials; forklifts have to meet specific design requirements to ensure that they have appropriate levels of fire protection and that they support safe operation. Other standards relate to how cargo is handled on forklifts and how employees should handle hazardous materials on forklifts.

Report the Accident and Seek Medical Care

First, you have to report the accident and seek medical care. This doesn’t mean just telling your nearest coworker; you must tell your supervisor or manager immediately and figure out where to seek medical care. If it’s an emergency, you can generally seek medical care at the nearest emergency room. If it’s not an emergency, go to the clinic chosen by your employer. Follow their care instructions and provide copies of all documentation to your employer.

Write Down What Happened

Once you’ve gotten checked out by a doctor, take a few minutes to write down everything you remember about the accident. If your company handles your workers’ compensation claim ethically and doesn’t fight you, your retelling of the event will be important for their safety protocols and reviews. If they do fight you, it’ll be even more important to remember precisely what happened and what went wrong. In some cases, employers will try to claim that injuries don’t match an employee’s retelling of events. They use this claim to avoid paying workers’ compensation. The more details you can remember of the accident, the harder it will be for them to question your claim.

File a Workers’ Compensation Claim

All workers’ comp claims go through the Division of Workers’ Compensation. Make sure that your claim is submitted promptly, as waiting too long may result in the loss of all potential compensation. This could also mean that you are on the hook for medical expenses and bills.

For most people, their workers’ compensation journey ends here. The insurance provider approves the claim, the injured employee receives treatment until they reach maximum medical improvement, and they receive partial income replacement benefits until they are cleared to return to work. 

Unfortunately, some people aren’t quite that lucky. Their employer or their employer’s workers’ comp insurance provider denies their claim and tries to allege that the injury is fraudulent, did not happen at work, or was the result of drug or alcohol usage. At that point, you may need to go one step further to protect your rights.

Consult a Workers’ Comp Attorney

If you’re having trouble getting the medical care you need, your disability benefits aren’t being paid out, or your company has outright denied your claim, it’s time to talk to a workers’ compensation lawyer in Southern California. Companies often try to deny claims in an effort to save money or artificially deflate their accident numbers, and they do so at the expense of their employees. In many cases, getting a workers’ comp attorney involved is enough to clear up the issue and get the benefits you’re owed. If you need to appeal a decision or go further up the chain of command, we can help you.

Pursue Compensation With Pisegna & Zimmerman Workers’ Compensation Law Firm

When a workplace injury leaves you unable to work and in need of medical care, getting the benefits you need can be a challenge. That’s where we step in to help. If your employer is giving you a difficult time when it comes to securing workers’ compensation, let’s talk. Call us at 818-888-8888 or send us a message online to set up a consultation. With Zoom meetings and DocuSign document management, you can start your claim from the comfort of home.