Forklifts are present in most industries across Newark, and accidents happen regularly. If you were the victim of a forklift accident, you may be entitled to compensation. Lost wages, expensive medical bills, and permanent disability are only a few of the problems most injury victims face.
Oftentimes, someone else’s negligence is involved in forklift accidents, which gives victims the right to file a personal injury claim. However, since most forklift accidents in Newark happen in the workplace, it is possible to file a workers’ compensation claim. Which one is best for you? That is a question only an experienced forklift attorney can answer.
Can I Pursue Damages for a Forklift Accident in Newark?
Forklift accidents often happen in the workplace, qualifying for a workers’ compensation claim. That means you can get the medical attention you need to take care of your injuries but may not be entitled to pursue damages.
However, it is important to notice not all employers in Newark offer workers’ compensation coverage. Therefore, a personal injury claim may be your best option. Your forklift accident attorney in Newark can help you understand your legal rights and consider the best option for your case.
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Can I File a Personal Injury Claim for a Forklift Accident in Newark?
You may be able to file a personal injury claim if the forklift accident was caused by someone else’s negligence, such as a manufacturer, defective forklift equipment, or a contractor who created hazardous working conditions. A lawyer can review the details of your accident to help you decide whether or not you qualify for a personal injury claim. Depending on your accident, filing a workers’ compensation claim may be more appropriate.
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Workers’ Compensation vs. a Personal Injury Claim
According to the New Jersey Department of Labor and Workforce Development, all New Jersey employers are required to have workers’ compensation insurance if they are not covered by federal programs. In this case, filing a lawsuit against the employer is nearly impossible. However, there are some things to consider about each option.
Workers’ Compensation for a Forklift Accident in Newark
Also, according to the National Safety Council’s Work Injury Facts website, there were more than 4,000 deaths in the workplace in 2021, and many of which are related to machines and heavy equipment, such as forklifts and Powered Industrial Trucks. Getting worker’s compensation can help take care of your injuries and protect your job while you cannot work.
However, the downside is workers’ compensation does not cover non-economic damages and offers limited coverage for future medical expenses. Workers’ compensation benefits may cover a wide range of medical expenses, including:
- Doctor visits
- Physical therapy
- Medical equipment
Understanding workers’ compensation laws in your state and working with an attorney or advocate to ensure you receive the medical care and benefits you deserve after a forklift accident is important.
Forklift Accidents and the Uninsured Employer’s Fund
Employers must have workers’ compensation insurance in Newark, NJ, to cover workplace injuries and illnesses. That can include compensation for medical expenses, lost wages, pain and suffering, and other related losses.
Under New Jersey law, you can file a claim with the Uninsured Employer’s Fund (UEF) if your employer fails to carry workers’ compensation insurance. The UEF is a state agency that benefits employees who suffer any injury while working for uninsured employers. But filing a claim with the UEF is complicated and has strict deadlines. A forklift accident lawyer in Newark can guide you through the process.
Why Hire a Forklift Accident Lawyer in Newark, NJ?
Laws and regulations surrounding forklift accidents and workers’ compensation claims can be confusing and complex and depend on the specifics of your case. A lawyer can help you decide whether to file a personal injury lawsuit or a workers’ comp claim, and how to win your case.
To win a personal injury claim, your attorney must demonstrate a third party’s negligence or recklessness and how their behavior caused the accident and your injuries. Your forklift accident attorney in Newark, NJ, can help you navigate the legal system and demand maximum compensation for your injuries and related expenses. Working with an attorney will allow you to focus on your physical recovery without delaying your case.
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Forklift Accident Injuries
Due to their heavy weight, forklifts, or Powered Industrial Trucks (PITs), can become dangerous tools. Some of the injuries that can cause more pain and distress to victims are:
- Back injuries. Such as herniated discs, spinal cord injuries, or fractures.
- Crush injuries. Forklifts can cause crushing injuries if they collide with a worker or trap a worker against a wall.
- Head injuries. Falling objects can cause injuries such as concussions or traumatic brain injuries.
- Neck injuries. Neck injuries, such as whiplash, can occur when two forklifts crash or a forklift operator hits a wall.
- Broken bones. Fractures can occur on hands, arms, legs, or feet.
- Cuts and lacerations. Warehouses are filled with sharp objects that an out-of-control forklift can hit.
Many more forklift injuries happen daily, and if your injury is not on the list, you still have the right to claim damages. Talk to your attorney to determine your legal options.
Forklift Accident Attorney in Newark, NJ
A forklift accident lawyer can help victims with legal assistance, but a solid legal firm can do way more than that for you. Our attorneys want to hear your story to determine the best way to help you. Then, we can conduct a private investigation and find qualified experts to build a strong case.
On top of that, your forklift accident attorney will take the burden of the legal process from your shoulders, so you have the time you need to recover. Contact our Newark offices so we can answer your questions on a first consultation, completely free of charge.