Chandler Forklift Injury Lawyer

Chandler Forklift Injury Attorney

A forklift injury at work can have cascading consequences, such as time off work, medical bills, mental impact, and lost wages. Forklifts are ubiquitous in the warehousing and manufacturing sectors, and each year, there are serious accidents that result from faulty equipment, poor maintenance, operator neglect, or lack of training. If you have been injured in a workplace forklift accident, a Chandler forklift injury lawyer can help.

Hire a Forklift Injury Lawyer in Chandler, AZ

After a forklift accident, it is important to have a knowledgeable legal professional fighting for your rights. The team at Arizona Injury Law Group provides legal services to individuals in Chandler and Maricopa County who have been injured at work. Our lawyers have the distinction of being recognized by the State Bar of Arizona as Certified Specialists in Workers’ Compensation.

A forklift injury lawyer can investigate to prove which party is responsible for the accident, handle negotiations with insurers, gather key evidence, and advocate for your rights. Individuals who work with an attorney typically see greater payouts than those who represent themselves. An attorney can handle a lot of the administrative work associated with a claim, allowing you to focus on recovery.

Common Types of Forklift Accidents

Forklifts are used for transporting and carrying heavy materials in non-roadway areas, especially in manufacturing and warehousing. Warehouse construction is seeing growth in Chandler due to its proximity to the Loop 202 freeway and Chandler Municipal Airport, located at 2380 S Stinson Way, Chandler, AZ 85286.

The Bureau of Labor Statistics reported there were 67 work-related forklift deaths in 2023. There were also 24,960 non-fatal accidents that resulted in time away from work, work restriction, or transfer. The most common non-fatal types of forklift accidents are detailed below:

• Transportation incidents 53%
• Struck by object 13%
• Falls, slips, and trips 11%
• Struck against object 9%
• Caught in object 9%
• Overexertion and bodily reactions

Workers’ Compensation in Arizona

The workers’ compensation program is overseen and regulated by the Industrial Commission of Arizona (ICA). Arizona has a no-fault system, which means you can apply for benefits regardless of who caused the work-related injury. If your illness or injury is determined to be work-related, you may be eligible for temporary compensation for time away from work, medical treatment, permanent compensation benefits, and vocational rehabilitation.

The cost of workers’ compensation insurance is paid for by employers. After an employer is informed that an employee has sustained an injury at work, they must report the incident to their insurer and the ICA within 10 days.

An employee who is injured at work should report the incident to their employer as soon as possible to help avoid delays and denials related to workers’ compensation benefits. Legally, an employee must file a claim within a year of the date the injury occurred or when the employee became aware of the injury.

It can be prudent to hire a forklift injury lawyer to assist with navigating the complexities of the system. It is important to remember that the employer and insurer will be represented by an experienced workers’ compensation lawyer.

Claim Status

If your claim is denied, you will be informed by the insurance carrier. They will send you a Notice of Claim Statue that explains their decision. You will then have 90 days to protest the decision. To request a hearing, you will need to send a letter or complete the form on the ICA website. You will receive a Notice of Hearing that details the name of the judge who will oversee the hearing and the date, time, and place.

Medical only and time loss claims are the two that can be sought in Arizona. A medical claim compensates the injured worker for medical expenses such as doctor’s fees, emergency room charges, prescriptions, doctor’s visits, braces, crutches, and splints.

Temporary compensation is paid when a medical doctor determines the injured worker cannot work for a period of more than seven calendar days. Compensation is paid at 66.6% of your average monthly wage.

FAQs About Chandler, AZ Forklift Injury Laws

Who Is Responsible if a Forklift Accident Occurs?

After a forklift accident occurs, the root cause of the accident will need to be determined to assign responsibility. The operator can be responsible if they were behaving recklessly or negligently, or lacked the proper training. If there was a design flaw or manufacturing defect, the manufacturer can be liable. The employer can be responsible if they did not properly maintain the equipment, provide adequate training to the operator, or follow required protocols for creating a safe work environment.

What Is the Average Personal Injury Settlement in Arizona?

Personal injury settlement amounts vary in Arizona based on the specific characteristics of each case. Factors that typically influence a higher settlement amount include the severity of the injury. Injuries that result in permanent disability will usually see bigger payouts. Other factors that influence a settlement amount include lost wages, medical expenses, fault and liability, and pain and suffering.

Scheduling a consultation with an attorney is a good method for understanding the potential value of your forklift injury claim.

What Is the 3-Foot Rule for Forklifts?

The 3-foot rule is a widely observed safety practice, where a minimum space of three feet is maintained between the forklift and objects or pedestrians. The practice is not an official standard of the Occupational Safety and Health Administration (OSHA) or the Arizona Division of Occupational Safety and Health (ADOSH) regulation, but is often observed as a standard practice.

What Happens if You Hit Someone With a Forklift?

The outcomes of hitting someone with a forklift can depend on the specific circumstances of the accident. Possible consequences include an OSHA investigation resulting in fines of $16,550 for a serious violation, with even higher fines for repeated or willful violations. Employers are required to carry workers’ compensation insurance, and the injured individuals can file a claim. If the operator was negligent or reckless, the injured individual could file a criminal or civil case in court.

Contact a Chandler Forklift Injury Lawyer Today

The Arizona Injury Law Group is ready to provide the personalized, attentive counsel you need after a forklift accident at work. Our team understands how devastating these accidents can be, has a deep knowledge of forklift injury laws, and can clearly explain your options. Contact the office to schedule a consultation and learn how we can help.