Common forklift accident injuries
Due to their size and weight, forklifts can often result in severe, life-threatening injuries. In addition to forklift drivers, the people who work in close proximity to the vehicles are most likely to be injured in an accident.
Common injuries include the following:
- Back & Neck injuries
- Shoulder sprains
- Spinal cord injuries
- Cuts and punctures
- Loss of limbs
- Traumatic brain injuries
- Broken bones
- Bruises
- Fractures
Forklift operators and other workers who are injured on the job should immediately seek medical attention to prevent any serious medical complications and ensure they remain eligible for workers’ compensation benefits.
North Carolina workers’ compensation law
North Carolina law requires most companies with 3 or more employees to carry a workers’ compensation insurance policy. If an employee sustains a work injury, the employer is required to file a claim with its insurance company to allow the worker to receive compensation for their work-related injury.
The workers’ comp process generally provides a fast and efficient process through which injured workers may receive the medical attention and supplemental payments they need to recover from their injuries and return to work.
Eligible workers don’t need to prove their employer was at fault for their injury. In most cases, employees can receive benefits after an injury regardless of who caused the accident as long as they can prove that their injury or illness occurred within the scope and course of their work (while they were at work or performing their work duties).
Types of workers’ comp benefits
If you’re injured in a forklift accident or any other kind of work-related accident in North Carolina, workers’ comp will provide the following benefits:
- Medical expenses. All necessary medical expenses are covered under workers’ comp. Examples of typical medical expenses include exams, follow-up visits, surgeries, hospitalizations, medications, medical supplies, medical devices, and related transportation expenses.
- Lost wages. In addition to medical expenses, workers’ comp provides supplemental payments to compensate workers for lost income during the time the worker is required to take off to recover. This amount is typically two-thirds of your average weekly wage for a period of time that varies depending on your disability.
- Death benefits. These benefits for funeral expenses and lost wages are payable to certain dependents if a worker dies from their work injury.
Filing a workers’ comp claim in North Carolina
Workers who are injured by a forklift on the job should take the following steps in North Carolina to receive workers’ comp benefits:
- Seek medical care. You should always seek immediate medical attention due to the potentially serious nature of forklift-related injuries. Doing so will also provide medical documentation linking your injury to your work accident, which is necessary for a successful workers’ comp claim.
- Notify your employer. Next, you must notify your employer about your injury in writing within 30 days. Your employer will need to know all of the details regarding the accident, including the date, time, and location of the accident.
- File a claim. After you notify your employer, you must file a claim with the Industrial Commission. If this claim isn’t filed within 2 years of your injury, you won’t be eligible to receive any benefits.
- Contact an attorney. If your claim is denied or you need help filing your claim, contact an experienced workers’ compensation attorney.
Contact a North Carolina workers’ compensation attorney
Taking proper steps to prevent forklift injuries can keep workers safe and even save lives. But even with proper precautions in place, accidents still happen.
If you experience a forklift accident at work, a workers’ comp attorney can help you explore all possible avenues for collecting compensation. In some instances, injured workers may be able to file a personal injury lawsuit against a 3rd party (someone other than their employer) to receive additional compensation for their injuries. (For example, if a forklift manufacturer is at fault because of a defective part.) An attorney can help you decide which parties may be liable in your case.
Contact our experienced workers’ compensation attorneys today to ensure all necessary steps in the process are followed.
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