Forklift Accidents: A Major Problem in Texas
(Not an actual client.)
Forklifts are classified as powered industrial trucks by OSHA. The National Safety Council found that forklifts were the source of 73 work-related deaths and another estimated 7000-8000 work-related injuries in 2022. Texas does not require employers to provide worker’s compensation insurance to protect employees from serious work injury. If you are injured by someone’s negligent operation of a forklift and are not protected by worker’s compensation coverage, speak to a forklift accident lawyer at Simmons and Fletcher, P.C., today.
Common Causes Of Forklift Accidents
There are many reasons why forklift accidents occur. Sadly, all of them are preventable, yet they occur frequently. They can be divided into two main categories: operator negligence and employer negligence.
- Operator Negligence
- Excessive speed
- Horseplay
- Driving with the load elevated
- Unbalanced loads
- Improper turning, braking, or other driving procedures
- Backing when unsafe
- Failure to account for low clearances or narrow corridors
- Employer Negligence
- Failure to provide proper training
- Failure to maintain the forklift
- Failure to adopt clear safety rules for the operation and maintenance of forklifts
- Failure to design and provide a safe workplace for the operation of forklifts
- Allowing too much noise in the work area for safe communication and hearing alarms
- Failure to provide low clearance warnings
- Failing to adopt proper procedures to prevent trailer-dock separation accidents by trucks while being unloaded.
Common Injuries From Forklift Accidents
Forklifts are heavy equipment and can cause serious injuries. The typical types of forklift injuries are:
Companies Have a Duty to Prevent Forklift Accidents
Under Texas law, all employers owe a duty to provide a safe workplace to their employees. Safety starts with training. The employer’s duty is to ensure that the operator knows how to operate the forklift safely and is responsible and of sober mind to do so.
In addition to training, this duty to provide a safe workplace includes anticipating potential hazards in the work area that may affect the safe operation of forklifts. Where necessary, low-hanging doors and ceilings must be accounted for with proper markings and low-clearance alarm bars. Travel space must be wide enough and clear of blockage and debris that would affect the safe operation of the forklift. Furthermore, noise must be kept to a minimum in the work area so that the alarms and coworkers can be heard.
Ultimately, it is up to the employer to ensure the work area is safe for all employees whether they are operating the forklift or merely forced to work in and around it. If you suspect your employer failed to honor his obligation to provide a safe workplace, resulting in your injury, you should speak with a forklift accident attorney immediately. Call Simmons and Fletcher, P.C. for a free consultation today.
What Does Hiring a Forklift Accident Attorney in Houston, TX Cost?
The attorneys at Simmons and Fletcher, P.C., handle worker’s compensation third-party cases and non-subscriber cases involving forklift accidents on a contingency fee basis. Our fees are 33.33% when the case settles prior to filing a lawsuit, 40% if a lawsuit must be filed up through trial of the case, and in the rare event an appeal is filed 45%.
What Should I Bring To My Free Consultation?
There are several important things your forklift accident attorney will need to review to handle your case properly. The more that you can gather and bring to the interview, the smoother your appointment will go. These items include
- Any Occupational Injury Plan documents you have detailing the requirements of your plan,
- Your employee handbook,
- Any documentation showing who, if anyone, has paid any of your medical bills or lost wages,
- A copy of any paid or outstanding medical bills you have,
- A copy of your last pay stub showing your earnings at the time of the injury and the correct name of your employer,
- Any photographs of the scene, your injury, or any other matter relevant to the case that you have in your possession,
- the name, address, and phone number of any persons who witnessed the incident or the dangerous working conditions.
These items will help us understand your case and advise you of your rights.
Contact Our Forklift Injury Attorneys
If you were injured at a store or work in a forklift accident, you may be eligible to file a compensation claim. Call Simmons and Fletcher, P.C., today at (713) 932-0777 to schedule a free and confidential consultation. With so much at stake, you need Simmons and Fletcher, P.C., on your side. We’ve been helping Houston area residents hold negligent parties accountable since 1979. Let us help you, too.
FAQ's
What Can I Do I My Employer Provides Worker's Compensation?
If your employer is one of those that provide Worker’s Compensation for its employees, you cannot bring a claim directly against your employer. However, you may have a claim against another company. For example, if the forklift malfunctions because of a manufacturing defect, design flaw, or another failure, you may be able to bring a claim against the forklift manufacturer.
Texas Worker’s Compensation Law shields employers from lawsuits by their own employees for on-the-job injuries except in the case of gross negligence. However, you may have a claim against another company if you are on a job site where employees of other companies are involved. If the forklift operator works for another company, you may very well have a third-party injury claim against that company for its failure to train the employee. Similarly, if another company owns the workplace you are in and it causes or contributes to the accident, you may have a third-party injury case.
Determining whether there is or is not a third-party injury claim can be tricky and confusing. Thus, even if you have Worker’s Compensation coverage, you should consult an attorney about your rights.
Do I Have A Case if the Forklift Operator is Certified to Drive a Forklift?
Yes. Just because the operator who injured you is OSHA-certified to operate a forklift does not mean he cannot be held liable for the negligent operation of a forklift.
Did you know that a company can get its employees OSHA certified to safely operate a forklift in only one hour of training time? A simple search of Google reveals numerous websites that offer these courses for as little as $49.95 and promise certification in about an hour of time. One site states: “There are no books or videos to buy, costly training facilities to rent, or special times to schedule. If it’s a 15-minute break, over lunch, or after work… simply log in and start!” Another site boasts: “You can get certified on most smart cellphones, any time – any place.” Even those that go to actual training courses such as that provided by the Forklift Academy only receive a total of 4 hours of instruction for which they pay about $150.00. Thus, just because an employee has a certificate does not mean he is an experienced forklift operator.
Do I Have A Case If My Employment Agreement Requires Arbitration Of Injury Claims?
If your employment agreement requires you to arbitrate, you still have a case but in the arbitration tribunal, not the courts. Many employers who are too cheap to provide workers’ compensation force their employees to instead “opt-in” to an employee occupational injury benefit plan which is really just fake comp. These plans are typically provided in conjunction with an employer-employee agreement that requires the employee to waive his right to sue the employer and, instead, submit the case to arbitration when he is injured on the job by the negligence of the employer or a coworker.
The problem with these arbitration agreements is that they often severely restrict discovery by imposing limits on how long you have to bring a claim/request arbitration, the length and number of depositions that may be conducted, restricting or even prohibiting written interrogatories, requests for production and/or requests for admissions that would normally be available under the law, and by prohibiting the issuing of subpoenas to third-parties. Texas law is rather vague on what these agreements can and cannot get away with, however, an arbitration agreement “is unenforceable if, given the parties’ general commercial background and the commercial needs of the particular trade or case, the clause involved is so one-sided that it is unconscionable under the circumstances existing when the parties made the contract.” In Re Poly America, L.P., 262 S.W.3d 337 (Tex. 2008).
If you are injured in a forklift accident and your employer has a fake comp. policy in conjunction with an arbitration clause, you should seek the advice of an experienced on-the-job accident attorney to determine your rights. Call Simmons and Fletcher, P.C. for a free consultation with a forklift injury lawyer trusted by Texans for decades to help them with their on-the-job injury case. You should bring all of the items below that you can gather.
