Forklift Accidents and California Worker’s Comp Insurance Benefits

A forklift is a relatively small truck (at least compared to other types of construction vehicles, such as backhoes and bulldozers) equipped with a powered clamp in front capable of lifting multi-ton loads. These trucks are weighted in the back, to counterbalance the heavy loads in front, and mostly use rear-wheel steering to improve maneuverability. As you might expect, the main safety issue with forklift trucks is their potential instability, especially if the loads being lifted are heavier than recommended or if the driver is not properly trained to operate the vehicle.

Because of the enormous weights handled by forklifts—not to mention the crushing power of their forward clamps—forklift accidents can be especially deadly. It’s often the case that the wrong type of forklift is being used for a given job, that the forklift has not been properly maintained, that the forklift operator has not been well-versed in safety procedures or that a competent supervisor is not present at the job site. Accidents can also result from issues as simple as the forklift not being equipped with a seat belt, or the forklift being improperly used in crowded warehouse corridors, where other workers can be injured.

In California, certain employers must offer their employees workers compensation insurance. An employee who is covered by worker’s comp is entitled to receive compensation for injuries and accidents that occur on the job. However, just as with any other type of insurance, having worker’s comp insurance is not a guarantee you will receive all the benefits you are entitled to. Although in most cases involving injuries on the job you may not be able to sue your employer, many types of accidents occur because of faulty equipment, product failure, or the negligence of third parties that you may be able to sue.

The California worker’s compensation system is designed to protect employers against liability for their employees; it was not set in place to ensure you have the compensation needed for your loss or recovery. Only an experienced attorney can serve as your legal advocate to ensure you understand all your rights and get the compensation you deserve.

Have you, or someone you love been the victim of a forklift accident?

Let Orange County Personal Injury Attorney John Rapillo help you.

If you have been severely injured on the job, or someone you love was involved in a fatal accident, call the Law Offices of John Rapillo before you settle a claim. You may be entitled to more than you have been offered, and you may be able to recover in a claim against a third party.

For a free consultation, call now toll free: 800-814-4771; Newport Beach Office: 949-675-5060; Huntington Beach Office: 714-848-4849 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM.

Orange County, CA attorney John Rapillo is a trial lawyer for plaintiffs (victims.) If you or a loved one was injured or killed in a forklift accident on the job or at a construction site, Mr. Rapillo will attempt to settle your personal injury case — but will prepare to go to trial if necessary to get you the compensation you deserve. From his Orange County personal injury law offices in Newport Beach and Huntington Beach, California, John Rapillo represents forklift operators, construction workers, bystanders and other job site accident victims who throughout Southern California including: Irvine, Costa Mesa, Santa Ana Heights, Corona Del Mar, Garden Grove, Stanton, Rossmoor, Yorktown, Adams, Fountain Valley, Midway City, Golden West, Riverview, and Tustin.

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