San Antonio Forklift Accident Lawyer
Forklifts are found on most construction sites and are extremely dangerous. Even though many hazards are preventable with proper practices and safety procedures, an accident can still occur. If you have been injured on-the-job, a San Antonio forklift accident lawyer may be able to help.
During this stressful time, an attorney could investigate your accident and help you hold the negligent party accountable for damages. A local lawyer who is familiar with the laws that apply to your claim and are seasoned in the negotiation process could help you through every step.
Types of Construction Accidents
Many forklift accidents are preventable. Some of the common causes of forklift accidents include:
- Overload tipping
- Forklift collision
- Equipment Malfunction
- Operator errors
Commonly, if a forklift operator was not properly trained, or the forklift did not have proper maintenance, the construction company could be held liable. There may have been issues with safety protocols or work site conditions as well.
There are many ways a person could be wounded in a forklift incident. An improperly loaded forklift can tip over and cause serious injury to its operator and those surrounding the machine. Collisions and equipment malfunctions can cause brain and spinal trauma, crush injuries, and broken bones. When an accident occurs, it important to note how and why the accident happened and the names of potential witnesses. If more than one person was involved in the accident or injured similarly, take down their information as well. These details are crucial in building a legal case that gives the best chance for fair compensation.
What is the Occupational Safety and Health Act of 1970?
The main law on workplace safety is the Occupational Safety and Health Act of 1970 (OSHA). OSHA sets the safety standards for private companies to train and regulate their forklift operators, but it does not apply to federal and state agencies.
If an employer fails to meet OSHA standards or other state laws, they can be held responsible for a forklift accident or injury. If the person who was using the forklift did not complete the proper training or was under eighteen, it could be considered an OSHA violation. A qualified attorney can help identify any workplace safety issues that may have contributed to the accident.
The law also allows for many compensation types that include medical bills, wage reimbursement, and pain and suffering penalties. The nature and extent of the injury will determine what can be awarded in each case.
Collecting Evidence For a Forklift Accident
After reporting the incident and seeking medical treatment for an injury, the next step is seeking out a qualified San Antonio attorney to build a legal case. Many employers have on-site cameras and accident reporting procedures, and a lawyer can help gather these pieces of evidence. Additionally, there may be medical records, eyewitness interviews, and possibly pictures for use in your forklift injury case.
Workers’ compensation is not required by Texas law. An injured party may be dealing with a third party or an employer that does not provide workers compensation, which can be overwhelming. A seasoned attorney can not only build a solid case, but they may also be able to negotiate a favorable settlement on the injured party’s behalf.
Reach Out to a San Antonio Forklift Accident Lawyer Today
Serious injuries involving a forklift happen by the thousands each year and often result in death. Careless employers, lackluster safety regulations, and poor operator training often contribute to these accidents.
A seasoned legal professional can help you fight for the best possible outcome in your case and stand by you through this difficult time. The process can be long and complex, but if you have been hurt, the time to call a San Antonio forklift accident lawyer is now. Reach out today to schedule a consultation.
