Forklifts and their operation are on of the leading causes of accident and injury across the United States, including the Morris County area. Forklifts are used in a variety of industries, including construction, manufacturing, warehousing, and more. Forklifts need to be operated, and maintained, in very specific manners in order to avoid injury, both to the operator and to bystanders. When this doesn’t happen, serious injury can occur.

If you have been injured in a forklift accident of any kind, you may be entitled to financial compensation, either through a workers’ compensation claim or a personal injury claim. Below, we discuss some potential options for forklift injury victims.

Forklift Injuries to Non-Employees of the Operating Company Attorney Parsippany, NJ

One of the most common types of forklift injury is when someone who is not employed by the company operating the forklift is injured by the forklift. Many times manufacturing companies, warehouses, and construction sites will employ a third-party forklift operation company to serve them on-site, and during the course of that forklift operation, someone gets hurt, either a worker or a pedestrian simply passing by the site.

If the person injured by the forklift was performing a work-related task when the injury occurred, they have the option of filing a workers’ compensation claim with their employer. If that same person believes they can prove that there was negligence involved in the operation or maintenance of the forklift, they may prefer to instead file a personal injury claim.

If you were injured in a forklift accident, and the forklift was not being operated by your employer, your best option is to speak with an experienced Parsippanny workers’ compensation and personal injury attorney in order to discuss your options, the strength of your potential personal injury case, and how to best recover compensation for your injuries, lost income if you are unable to work, and pain and suffering experienced as a result of your forklift accident.

Forklift Injuries to Employees of the Forklift Operating Company Attorney Randolph, NJ

New Jersey workers’ compensation laws do not allow employees to file negligence lawsuits (personal injury claims) against their own employer. However, even if you are an employee of the company operating the forklift that caused your injury, it is still possible that other parties may be responsible for your forklift accident. Maybe the place where you were working failed to provide a safe work environment, exposed circuitry or weak supporting structures can easily lead to a forklift accident.

Again, your best option in any forklift accident case is to speak with an experienced Randolph injury attorney to discuss your options. There is a great deal of difference in compensation levels and time and effort needed between personal injury claims and workers’ compensation claims, and only by speaking with your Randolph forklift accident attorney can you make a truly informed and confident decision which to pursue.

Forklift Personal Injury Claims versus Workers’ Compensation Claims Morris County, NJ

In many forklift accident cases, the injured victim may have the option of filing either a personal injury or a workers’ compensation claim. For a complete overview of the differences between the two, continue reading here.

As previously noted, an employee may not file a personal injury claim against their own employer, but even if you are employed by the same company that was operating the forklift, there are circumstances where you may have a personal injury claim against another, negligent party. In general, personal injury claims yield much larger compensation returns, but require proof of fault of the negligent party, which can take some time to establish in court. Workers’ compensation claims yield a smaller compensation award, but require no proof of fault by any party.

The best way to understand which type of claim to pursue for your forklift accident injury is to speak with an experienced Morris County attorney who handles both workers’ compensation claims as well as personal injury claims. If you speak with an attorney who only handles one or the other, you will most likely be pushed into pursuing whichever type of claim they handle, rather than receiving the best possible evaluation for your case.

Contact a Morris County Personal Injury and Workers’ Compensation Attorney Today

At The Law Office of Smith & Doran, we have extensive experienced successfully resolving personal injury and workers’ compensation claims for clients across Parsippany, Randolph, Roxbury, Jefferson, and the greater Morris County area, including claims related to any kind of forklift accident injury.

When you hire an attorney at Smith & Doran to represent you, that same attorney will work with you throughout the process, you never have to worry about some attorney you’ve never met showing up at your trial. We believe that by communicating honestly and regularly with our clients about their case, we can provide them with the most effective legal counsel possible, and provide them with a sense of security that is often hard to come by during a time as difficult as any serious injury can be.

To speak with our firm today in a free and confidential consultation regarding your forklift accident, or any other kind of accident you may have been involved in including construction accidents and auto accidents, please contact us online or through our Morristown office at 973.261.6254.