Your injuries led to other expenses and damages including medical bills, lost wages, pain and suffering and more.Your injuries were the direct result of that accident.The forklift accident in question was the result of the negligent and/or reckless actions of another party (who is not the employer of the injury victim).In order to secure full and fair compensation for your injuries through a personal injury claim, our forklift accident lawyers will strive to show that: The Pennsylvania Workers’ Compensation Act prevent employees from filing third party personal injury claims against their own employer in most situations, however it is often the case, especially when it comes to forklift accidents, that injured parties are eligible for workers’ compensation and also have a potential personal injury claim against some other responsible third party. If you or a loved one has been injured in a forklift accident, there may be two possible avenues to injury compensation, a workers’ compensation claim or a personal injury claim. Penndel Heavy Machine Accident Lawyers Recover Compensation In many instances this will fall under premises liabilitystatutes as the property owner is legally responsible for maintaining safe and secure conditions. Unsafe conditions and hazardous environments which were outside the power of the forklift operator’s control may also be the catalyst or primary reason for the accident. This may lead to a scenario where the manufacturer, distributor, or company which owns the forklifts may be held liable for an injurious accident due to malfunctioning, faulty parts, or equipment. In the case of operator error, the operator’s employer may be found at fault.Īnother common cause of power industrial truck accidents stems from defective equipment. Even properly trained operators make mistakes. This can be due to careless operation, exhaustion, distraction, overloading, traveling at unsafe speeds, and more. Many forklift and other heavy machine related accidents are a result of operator error. However, this is not the only avenue by which our Levittown attorneys can prove legal liability. If OSHA regulations are not followed, any resulting accident may be considered a result of negligence. There are specific guidelines that must be followed in order for forklift usage to be considered safe and proper. Operators must know the center of gravity and load capacity of the forklift for safe usage.Drivers must be given additional training when changing from one type of forklift or power industrial truck to another.The forklift must be taken out of operation until all damages are repaired Operators must inspect forklifts for damage before usage and report any damage found.Operators of forklifts must be trained by employers every three (3) years, after a “near-miss” accident, or after an operator has been seen operating a forklift in a dangerous manner.Forklift operators must be OSHA certified.According to the OSHA, the following is true for legal and safe forklift operation in the US: There are specific regulations laid out by the United States Department of Labor Occupational Safety and Health Administration (OSHA) for the safe and lawful operation of most construction and heavy machinery equipment. Northeast Philadelphia Forklift Injury Lawyers OSHA Regulations ![]() Our Bensalem and Northeast Philadelphia Legal Team, lead by Kevin Riechelson, will be standing by to discuss the specifics of your forklift accidents, your resulting injury, and your options moving forward. Lean on our knowledge and experience to attempt to recover full and fair compensation for your injuries.Ĭall our officefor a free and confidential consultation today. We will fight to protect your legal rights as we have done for clients across Pennsylvania including towns like Levittown, Northeast Philadelphia, Millbrook, Bensalem, Feasterville, Penndel and all of Bucks County. The personal injury lawyers of Kamensky, Cohen & Riechelson have been serving clients injured in construction accidents involving forklifts and other heavy machinery since 1972. ![]() If you or a loved one has been injured in an accident involving a forklift due to the negligence or recklessness of another party, you may be entitled to compensation through a personal injury claim. These dangers can be mitigated by proper training, safe working conditions, and adherence to safety guidelines. ![]() As with most heavy machinery, there is an inherent danger with operating forklifts. Uninsured and Underinsured Motorcyclistsįorklift Accident Attorneys Bucks County PA Serving Clients Across Northeast Philadelphia, Levittown, Penndel, Feasterville, Bensalem, Millbrook, and Bucks Countyįorklifts, known formally as “powered industrial trucks” or PIT, are commonly used to move heavy materials for shipping or construction purposes.
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