The use of forklifts is responsible for thousands of workplace accidents annually. Also, in the majority of cases, the injuries are severe to the point where employees may be in the hospital for an average of a week if not more. Spinal cord injuries, broken bones, amputation in addition to permanent or temporary disability are all caused by forklifts in the workplace.
Unfortunately, workers who have been injured as well as their families are unaware of their legal rights to compensation. Some employers may take advantage of their (employee’s) ignorance and refuse to compensate adequately.
Workers are often misinformed about the medical bills and how they are paid. As a matter of fact, various questions regarding how the medical bills are paid after an accident which involves a forklift are some of the most common amongst freshly injured workers.
The workers’ compensation law clearly states that those injured at work by a forklift are eligible for compensation right away. Even though the law may vary slightly from one state to the next, all states have a workers’ compensation law in place.
Injured workers in New Jersey and Pennsylvania will receive medical benefits as well as indemnity payments which is another way of saying that their wages will be compensated. Yes! There are eligibility requirements like in Pennsylvania workers need to notify employers within 21 days of a forklift accident.
As compensation specialists we brief injured works on their rights. Attorneys also file the required paperwork within the stipulated period to ensure that compensation starts flowing through ASAP. Plus, in the event, they (attorney) receive pushback from the employer or an insurance company it is their job to take the right legal measures to ensure compensation is sought. At the end of the day, they represent your interests in the best way possible so that you can focus on recovering while they take care of the legal process.
Who can apply for compensation?
What to do and how to get paid?
A forklift injury case is generally categorized in one of the many major injuries that employees can receive at work. The injured employee has the right to get immediate medical treatment which is covered by the employer. Also, if the injuries result in either long or short-term disability, the employer is required to pay a portion of the injured individual’s wages each week. Getting paid requires notifying employers within 21 days of an accident. It also requires:
- Filing all the required paperwork
- Reporting the incident to the manager
- Also, submitting medical reports if its part of the policy
When to apply for compensation? |
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| The best time to apply for compensation is within 21 days of the accident |
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| In the event of other related symptoms as soon as those symptoms surface |
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| In the event that the victim of the accident died |
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| If the employee experiences temporary or permanent disability by the accident |
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What is important to know?
The workers’ compensation law and the associated scheme in America are to help provide injured employees get the required medical benefits. So, those involved in a accident when on the job are entitled to indemnity benefits regardless of what caused the accident. Even if the accident was caused by incorrect handling the forklift or the associated payload, that injury is covered. Employees are also covered if the forklift malfunctions.
It is important to note that there are some exceptions to the rule. If a worker is operating a forklift when under the influence of drugs or alcohol when the accident occurs they may not receive workers’ compensation. The ineligibility is owing to a blatant disregard for established norms of operating the forklift or any other heavy machinery like a car.
Many see workers’ compensation as being designed to protect corporations more than employees as they have the most to gain. Employees receiving compensation benefits aren’t allowed to file a lawsuit against the employer for things like negligence. Though there are exceptions here too. However, before an employee goes about suing an employer after an accident, it is important to first speak to an attorney.
In a forklift accident, medical expenses associated with treating all major injuries, as a result, are paid for by the employer. If the injuries lead to short or long-term disability, in that case too, it is the employer who pays a portion of the worker’s wages. That said it is usually an insurance company covering the costs on behalf of the business. So, it is in the insurance company’s best interest to make sure that all safety protocols are followed at work.
