If you’ve been hit by a forklift in a Los Angeles warehouse, you could be struggling with painful injuries, overwhelming medical bills, and a sudden loss of income. While most people know about filing a workers’ compensation claim, there are often additional legal avenues to pursue full compensation for your losses. Knowing all your options after a forklift accident is essential for protecting your rights and recovering the financial support you need to move forward.
When You Can File a Lawsuit Instead of/In Addition to a Workers’ Compensation Claim (Third-Party Liability)
You may be eligible to file a lawsuit in addition to, or instead of, a workers’ compensation claim if someone outside of your employer contributed to your forklift accident. Workers’ compensation usually protects your direct employer from lawsuits, but if a third party’s recklessness, errors, or failure resulted in your injuries, you might be able to recover much more through a personal injury negligence case.
Understanding who can be held responsible is essential, as these claims allow payment for losses that workers’ comp doesn’t always cover, such as all of your lost wages or pain and suffering.
Other Company’s Forklift Operator
If the person operating the forklift worked for a different employer at the same site, such as a vendor, subcontractor, or temp agency employee, you may have a valid claim against that company and their worker.
Equipment Manufacturer or Distributor
When a defective forklift, faulty part, or lack of clear warnings led to your injury, you might pursue a product liability lawsuit against the manufacturer or distributor.
Maintenance or Inspection Contractors
If inattentive service or skipped safety checks caused a brake, steering, or mast failure on the forklift, the service company could owe for your losses.
General Contractor
Unsafe work plans, poor supervision, or a lack of rules for coordinating third-party workers may be the responsibility of a general contractor or site manager who is not your direct employer.
Pursuing third-party liability gives you the opportunity to claim fuller compensation on top of your standard workers’ comp benefits. Your attorney can help determine whether you can bring one of these claims under Los Angeles law and maximize your recovery.
Evidence to Obtain Immediately After a Forklift Accident
After a forklift accident in a Los Angeles warehouse, the evidence you collect right away can have a major effect on your case. Gathering the right information can strengthen both your workers’ comp and any potential third-party lawsuit, so it’s smart to act quickly. Some of the evidence you should obtain as soon as you’re able to include the following:
Incident Reports and Witness Details
Make sure to keep copies of any employer or warehouse accident reports. Record names and contact information for all witnesses, on-scene supervisors, and anyone involved.
Video Footage
Ask about warehouse or parking lot security video, CCTV, or body camera footage from emergency responders. Sometimes, nearby businesses or vehicles have valuable recordings, too.
Forklift Data and Logs
Request the machine’s telematics (danger alerts, GPS positioning, black box data), maintenance records, and all recent pre-shift checklist forms.
Operator Training Records and Schedules
Obtain documentation showing whether the forklift driver was properly certified, their start/end times for the day in question, and any recent forklift safety meeting attendance.
Try to Preserve Evidence
Send formal letters to everyone involved – employees, companies, and property owners – demanding that no crucial materials are lost or destroyed. A skilled injury lawyer can send these early and subpoena additional evidence as needed.
Securing strong evidence is the best way to make sure you get everything you’re entitled to after an injury. An experienced forklift accident lawyer in LA can help you with these steps. Call us today to schedule a free consultation.