Forklift Accident Attorneys in Scranton

How Forklift Accidents Cause Serious Injuries

Forklifts can endanger operators and anyone working or moving nearby, particularly in busy warehouses, distribution centers, and industrial settings.

The weight and movement of forklifts and their loads can cause crush injuries, amputations, fractures, and injuries from falling pallets. Drivers, customers, visitors, and other nonemployees may also be hurt.

Common accident mechanisms include:

• Forklift tip-overs that trap an operator or strike someone nearby.
• Pedestrian strikes in aisles, loading areas, and shared work zones.
• Falling loads caused by unstable pallets or displaced materials.
• Pinning incidents involving walls, shelving, docks, or equipment.
• Incidents involving inadequate operator training or certification.

Compensation & Third-Party Claims After a Forklift Accident

Pennsylvania’s workers’ compensation system is no-fault, meaning an employee generally doesn’t need to prove employer negligence to seek covered benefits. In most circumstances, an injured employee can’t sue a direct employer. A separate claim may still exist against a non-employer whose negligence contributed to the accident.

Abrahamsen, Conaboy & Abrahamsen P.C. handles claims involving defective products and negligent parties. Depending on the evidence, we may pursue equipment manufacturers, property owners, general contractors, and subcontractors whose conduct contributed to the harm.

Other potentially responsible parties include a staffing agency, an outside contractor, or another business responsible for site conditions. A personal injury claim against a third party may seek damages for medical expenses, lost income, and pain and suffering. These damages are distinct from employment-related benefits.

Deadlines After a Forklift Accident in Scranton

Pennsylvania workers must notify their employer of an on-the-job injury within 120 days to preserve their rights to benefits. Prompt reporting also creates a record of when, where, and how the accident occurred.

A separate personal injury claim generally has a two-year statute of limitations measured from the date of injury. Because the correct deadline depends on the type of claim and the facts involved, an early legal review can identify the applicable time limits.

Evidence to Preserve After the Accident

Photos can document the forklift, its load, the work area, visible injuries, and damaged equipment before conditions change. Preserve the accident report, witness information, and medical records when possible. Available training and maintenance records may also help establish what happened and who was involved.

Comparative Negligence in Pennsylvania

Pennsylvania follows modified comparative negligence for personal injury cases. An injured person who is 50% or less responsible can recover damages, but the award is reduced by that person’s percentage of fault. Someone found more than 50% responsible generally can’t recover damages from another negligent party.