Episode 103: Calloway County workers’ compensation attorney Jeff Roberts discusses representing workers who have been hurt in forklift injuries and forklift fatalities. At times he represented the forklift driver and in other situations, he’s represented someone hurt by a forklift or objects that fell because of the forklift. He has years of experience representing workers in manufacturing facilities across Kentucky.
Jeff begins by explaining that these can be extremely serious injuries. It’s important that you always pay attention to where you are walking in the plant. It’s possible the driver may not see you enter the aisle. This is especially true with the forklift is carrying a load of boxes or items. These vehicles can reach a fairly fast rate of speed, so even with safety precautions, there’s still a risk of injury.
Walmart, Lowe’s, Home Depot and other stores often use forklifts to move pallets of items throughout the store. Often, a second employee will work with the forklift driver to either block the aisle or to warn customers to avoid adjacent aisles. The reason for blocking the adjacent aisle is that the forklift might inadvertently push items off of the shelf, while trying to unload stock. Those dislodged items could fall on customers who might be unaware of what’s going on in the next aisle. Jeff’s represented a client who was injured in this type of situation.
Jeff comments that in many cases, the forklift driver simply wasn’t paying attention to what was around him, whether that was in a plant or in a warehouse environment.
Forklift Fatalities
According to the statistics we used to prepare for this episode, approximately 100 people die each year from forklift-related incidents. Jeff has represented clients’ estates when there was a forklift fatality involved. In other cases, someone has suffered extremely serious injuries. This is part of the reason there’s a formal forklift certification process that should be successfully completed before the employee attempts to operate it.
Common Causes of Forklift Accidents
The previously-mentioned report lists common causes of forklift accidents which include:
- Forklift Overturns: It’s possible the forklift made a turn at too fast. At the same time Jeff explains that the overturn may have resulted while loading or unloading a truck. The transition from the gate of the truck to the warehouse floor may have been too wide or the other equipment was not working properly.
- Foot Struck or Crushed: This can happen when someone is standing too close to the forklift. Jeff comments that a related type of incident can occur if someone gets hit in the leg by the forks, because they were too close to the forklift while it was in operation. They also have the risk of being crushed between the load and the nearby racks or wall.
- Items Falling Off of the Forks: This refers to items that weren’t properly stacked and subsequently fall and strike another person. This could also happen if the forklift stops too suddenly or impacts the doorframe.
Transportation Industry Experiences High-Level of Forklift Fatalities
According to another report, it appears that the transportation industry experiences a high-level of forklift fatality incidents. Jeff comments that this could involve items being loaded onto or off of flatbed trailers. Another cause could be the forklift turning over due to a problem when driving onto the truck at the loading dock.
Construction Jobsite Forklift Fatalities
Other fatalities could occur at construction sites when the materials are being offloaded from the truck. At the same time, given the crowded environment at a jobsite, it’s possible that people are involved in construction site fatalities. Different trades are operating in a relatively small or confined area. This can lead to miscommunication or collisions.
From a workers’ compensation standpoint, jobsite injuries may involve a third-party This can lead to an additional type of claim for the accident-related injury. If your injury involved someone from a different subcontractor, you may have a third-party claim against that other company, in addition to your workers’ comp claim.
Mechanical issues resulting in injury to the forklift driver or others can result in a claim against the company responsible for the maintenance and servicing of the forklift. An example is when the brakes fail or don’t work effectively to stop the forklift while it’s on a grade or other embankment.
A third-party claim would open up the possibility of pursuing a claim for pain and suffering, which the workers’ comp claim does not cover. This can be extremely important in situations involving forklift injuries and forklift fatalities.
Death and Survivorship Benefits in Workers’ Comp
Jeff previously recorded an entire episode focused on workplace fatalities. Kentucky’s workers’ compensation system provides death and survivorship benefits for the family of a worker who suffers a workplace fatality.
The estate is paid a lump sum death benefit. Additionally a surviving spouse, minor children and dependent, adult children are eligible to receive survivorship benefits. Other children may be eligible if they are still in an accredited educational institution. Survivorship benefits are based on the deceased individual’s average weekly wage, at the time of their death. It’s possible that certain other family members could receive survivorship, assuming they were also dependents.
Trust an Experienced, Workers’ Comp Attorney
Jeff has over 32 years of experience handling workers’ compensation claims, personal injury claims, wrongful death claims and social security disability claims.
Jeff has an office in Murray (Calloway County) and another office in Hopkinsville (Christian County). However, he’s able to represent these types of claims all over the state of Kentucky.
Video conferencing has made it much easier for him to effectively represent clients who are located outside of Western Kentucky.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Forklift Injury Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
