El Paso Forklift Accident Lawyers

When Workers’ Compensation & Third-Party Claims May Apply

Texas workers’ compensation may provide medical benefits and partial wage replacement when an employer carries coverage or is certified to self-insure. Because many private employers in Texas may choose whether to participate, we first determine whether coverage exists and whether the rules for a nonsubscriber employer may apply.

A separate claim may be available if someone other than the employer contributed to the accident. Depending on the facts, potentially responsible parties may include an equipment owner, maintenance provider, staffing company, property owner, contractor, subcontractor, or manufacturer. An injured employee may sometimes pursue benefits and third-party damages, although subrogation rules may require repayment to the benefits carrier from part of a third-party recovery.

Who May Be Responsible for a Forklift Accident?

Responsibility may depend on who owned, supplied, maintained, operated, or controlled the forklift and work area. OSHA identifies overturns as the leading cause of forklift fatalities, accounting for about one-quarter of forklift-related deaths in its loading and unloading guidance.

An investigation may examine:

• Operator training, supervision, speed, visibility, and backing procedures.
• Load placement, weight, stability, and securement.
• Pedestrian separation, barriers, warnings, lighting, and worksite layout.
• Inspection records, equipment maintenance, and reported defects.
• Surveillance footage, witness statements, and post-accident reports.

Serious Injuries, Financial Losses, & Legal Deadlines

These accidents can cause crush injuries, fractures, amputations, internal injuries, traumatic brain injuries, spinal cord injuries, and burns. Some are fatal. Medical documentation can connect an injury to the incident while recording treatment, work restrictions, rehabilitation needs, and possible future care.

Recoverable losses depend on the type of claim. They may include medical expenses, lost income, reduced earning capacity, physical pain, emotional distress, and loss of normal activities. Texas personal injury lawsuits generally have a two-year limitations period, but shorter deadlines, notice requirements, and exceptions may affect your situation.

Protect Your Health & Evidence After an Accident

Medical care shouldn’t wait while responsibility is being investigated. Report the incident through the required workplace process, and seek care for immediate symptoms and those that develop later.

Preserve the information available to you:

• Keep copies of incident reports, medical records, work restrictions, bills, wage information, and insurance correspondence.
• Record witness names and contact information while memories are fresh.
• Save photographs or video of the forklift, load, work area, lighting, barriers, warnings, and visible injuries.
• Avoid signing a settlement document or giving a recorded statement before understanding which claim it addresses and which rights it may affect.