Forklift / Warehouse Injuries
Each year, unfortunately, many workers in Georgia are injured in forklift accidents and other warehouse accidents that lead to serious injuries. If you have been hurt in this type of incident, it is critical to seek the help of an Atlanta workers’ compensation lawyer who can investigate your situation and advise you on your options. At the Law Offices of T. Andrew Miller, we are ready to help you pursue the benefits that you deserve.Seeking Benefits Based on Forklift or Warehouse Injuries
Warehouses can be dangerous places to work. Employees face a risk of injury on a regular basis from the heavy machinery that is typically used in these facilities, such as forklifts. These are large vehicles with a pronged device in front for lifting and carrying heavy loads. As a result, workers require a certain level of skill and training before they can be forklift operators.
According to the Occupational Safety & Health Administration (OSHA), forklift-related accidents cause approximately 100 deaths nationally each year, as well as about 35,000 serious injuries. Forklift injuries may happen in a variety of ways, including:
- Hitting other workers with the forklift;
- The forklift tipping over and crushing the operator;
- Imbalanced or improperly loaded freight dropping from the forklift;
- Crushing someone between a forklift and another vehicle or wall; or
- Falling from a platform on the forks.
If you have been injured in a forklift accident on the job, you may be entitled to workers’ compensation benefits. The Georgia Workers’ Compensation Act requires nearly all employers to provide this form of insurance to their employees. The program is paid entirely by the employer and is free for the employee. Workers’ compensation benefits typically pay for the injured worker’s medical costs and pay a portion of the worker’s income while he or she is unable to work. The quantity and duration of the benefits depend on the extent of the disability and whether it is expected to be temporary or permanent.
It is reassuring to know that workers’ compensation is a no-fault system, which means that you may be able to obtain benefits even if your employer was not directly at fault for the accident. Under Georgia law, workers’ compensation is intended to be an exclusive remedy for injured workers. As a result, you cannot file a lawsuit for compensation against your employer even if your injuries are your employer’s fault. However, you may be able to file a third-party personal injury claim against a party other than your employer that was responsible for the accident. The right to pursue this type of claim and the right to workers’ compensation benefits are not mutually exclusive.
In Georgia, injured workers have 30 days to file a “notice of injury” with their employer. As a practical matter, this notice should be filed immediately after an accident. You should also not hesitate to consult an attorney who can help you gather evidence and build a strong claim as soon as you have been hurt on the job.Discuss Your Workers’ Compensation Claim with an Atlanta Lawyer
At the Law Offices of T. Andrew Miller, we provide each client with the personal attention that they deserve. Attorney Miller is a dedicated Atlanta workers’ compensation attorney who represents injured individuals throughout Fulton, DeKalb, Cobb, and Gwinnett Counties, including in Alpharetta, Stone Mountain, Marietta, Lawrenceville, and Norcross. To set up a free appointment with an injury attorney, call us at (678) 894-4758 or contact us online.