You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
Forklifts are dangerous and require skill to operate or they can cause serious accidents. Injuries from forklift accidents may be life-altering and leave victims emotionally traumatized and dealing with physical injuries such as broken bones, amputations, and spinal cord and brain injuries. Medical bills keep mounting at a time they are unable to work; family life and social relationships are affected; and it’s difficult to know where to turn.
If you have been injured or a loved one has died in a forklift accident, you may be entitled to compensation. If your employer participates in the North Carolina workers’ compensation system, you may have a claim through workers’ comp insurance. If you are covered by workers’ compensation, North Carolina law does not allow you to sue your employer. However, there are many situations where you can go beyond workers’ comp and file a lawsuit for additional benefits.
Laws regarding forklift accidents are complicated, and employers and insurance companies are out for profit and want to pay out as little as possible. They have high-powered lawyers on their side that try to deny claims or pay out less than you deserve. Making mistakes can be costly and keep you from getting the benefits you deserve.
Fortunately, you do not have to fight for compensation on your own. The Charlotte forklift accident lawyers at the Sumwalt Anderson Law Firm have extensive experience dealing with work accidents, workers’ comp, and personal injuries. We are fully prepared to fight for fair compensation that can alleviate your financial problems and allow your life to move forward.
We offer a free consultation to discuss the circumstances of your case and determine the best way to proceed. Call us today at (704) 377-3770 to get started.
When you have Sumwalt Anderson on your side, our forklift accident attorneys start working for you immediately. We will:
Whether fighting for compensation through workers’ compensation or pursing a lawsuit, our forklift accident lawyers will be there for you throughout the entire process, answering your questions and keeping you informed.
The North Carolina Workers’ Compensation Act generally requires that businesses that employ three or more employees obtain workers’ compensation insurance or qualify as self-insured employers. If you have been injured in a forklift accident while on the job and your employer carries workers’ comp, you may be entitled to the following benefits under workers’ comp:
However, since workers’ comp is insurance, and paying out benefits is costly to both employers and insurance companies, they will attempt to deny or minimize claims whenever possible. In addition, North Carolina law can make it difficult to get benefits since employers and their insurers don’t have to pay for on-the-job injuries unless a worker was hurt as the result of an “accident.” Insurance companies may utilize this law to deny benefits on grounds that an employee was hurt while doing their normal job, not from an accident.
Our attorneys are aware of these tactics and how to combat them. We will make sure you know what to say and do to prevent hurting your case, ensure that you fill out all workers’ comp forms correctly and in a timely manner, investigate, and gather evidence and all relevant work and medical records to increase the chances of winning optimum benefits.
If you can go beyond workers’ comp and file a lawsuit for your forklift accident, we are fully prepared to handle that as well.
There are many situations where it is possible to file a lawsuit for your forklift injuries. If your employer does not participate in workers’ comp, if you are an independent contractor, if your injuries were caused by intentional acts of the employer, or if another party’s negligence has played a role in your accident, you may be able to go beyond workers’ comp and sue for compensation greater than what workers’ comp provides.
In a successful lawsuit, you may receive a damage award that covers compensatory damages for both your economic damages and your less tangible noneconomic damages.
Economic Damages – are for monetary costs that can be calculated, such as:
Non-Economic Damages – do not have a specific dollar value, but negatively impact your life, and may include:
In addition, in some rare situations, North Carolina law allows punitive damages, which are meant to punish egregiously wrongful acts and serve to deter such acts from happening again. In North Carolina, punitive damages cannot exceed the greater of three times the amount of compensatory damages or $250,000.
There is a wide range of damage awards you may receive in a successful forklift accident lawsuit, from the thousands to millions of dollars, depending on the factors involved. Consideration is made for the costs you incurred, the extent and permanence of the damages you received, lost earnings and whether you will be able to return to work, and the amount of suffering involved. Be sure to save documents such as your medical and therapy bills, past pay stubs, and receipts for all care and expenses to be used as evidence. Since pain and suffering can be compensated in North Carolina, keep a journal and take photographs and videos to document how the injuries have negatively impacted your life.
Negligence is the No. 1 cause of forklift accidents. While some causes of forklift accidents are the fault of an individual forklift operator, negligence on the part of the employer or someone else on the worksite is often involved. Examples of negligence include:
Our Sumwalt Anderson forklift accident attorneys know when negligence caused your injuries and how to prove it. To win your case, we must show the following elements legally exist:
Our forklift accident attorneys will carefully investigate your case to identify all negligent parties and hold them accountable as defendants in the case, as they all may have insurance or assets that can go toward a settlement. Call today at (704) 377-3770.
After a forklift accident, it’s natural to have many concerns and questions. These are best addressed in your free consultation, but to get started, here are some answers to questions our clients often ask:
What is the biggest cause of a forklift accident?
What if a loved one died in the accident?
What is the most common type of forklift injury?
Is there a time limit for filing a lawsuit?
Should I accept a quick settlement from the insurance company?
After a forklift accident, if you are able, you should immediately report the accident to your employer or supervisor, so there is proper documentation of what happened. You should seek medical attention and follow your doctor’s treatment plan. Get contact information for any witnesses; document all your injuries, your costs, and your symptoms; and preserve any evidence. Speak to a work-injury lawyer and get legal help as soon as possible to determine whether you have a workers’ comp claim or grounds for a personal injury lawsuit and to prevent making mistakes that could cost you your benefits.
At Sumwalt Anderson, we know North Carolina law, the judges, and the system, and we have the resources necessary to achieve successful outcomes for our clients. We handle all the paperwork, processes, and legal hurdles required with your forklift claim, so you can concentrate on your recovery. Our attorneys have the reputation of not settling claims until our clients have been paid what they are entitled to.
We strive to provide superior representation tailored to the specific needs of each client, and we always treat our clients, adversaries, and professional peers with dignity and respect. We will be there to answer your questions and concerns throughout the process.
We offer a free consultation, and you pay nothing unless and until we win your case. Call us today at (704) 377-3770 so we can get started working for justice and the settlement you deserve while evidence is fresh and witnesses can be found.