Texas Worker’s Compensation Law shields employers from lawsuits by their own employees for on-the-job injuries except in the case of gross negligence. For example, if the forklift malfunctions because of a manufacturing defect, design flaw, or another failure, you may be able to bring a claim against the forklift manufacturer. However, you may have a claim against another company. If your employer is one of those that provide Worker’s Compensation for its employees, you cannot bring a claim directly against your employer. What if My Employer Provides Worker’s Compensation? If you suspect your employer failed to honor his obligation to provide a safe workplace resulting in your injury, you should speak with a forklift accident attorney immediately. In the end, it is up to the employer to make sure the work area is safe for all employees whether they are operating the forklift or merely forced to work in and around the forklift. Furthermore, noise must be held to a minimum in the work area so alarms and coworkers can be heard. Travel space must be not only wide enough but clear of blockage and debris that would affect the safe operation of the forklift. Low-hanging doors and ceilings must be accounted for with proper markings and low-clearance alarm bars where necessary. In addition to training, this duty to provide a safe workplace includes the duty to anticipate potential hazards in the work area that may affect the safe operation of forklifts.
FORKLIFT ACCIDENT LAWYER HOW TO
Not only does the employer owe a duty to make sure the operator knows how to safely operate the forklift but that he is responsible and of sober mind to do so. The typical types of forklift injuries are:Ĭompanies Have a Duty to Prevent Forklift AccidentsĪll employers owe a duty to provide a safe workplace to their employees under Texas law. Failing to adopt proper procedures to prevent trailer-dock separation accidents by trucks while being unloaded.įorklifts are heavy equipment and can cause very serious injuries.Failure to provide low clearance warnings.Allowing too much noise in the work area for safe communication and hearing alarms.
There are several ways in which an employer’s malfeasance can cause forklift accidents. When employers cut corners workers get hurt. Employers have a duty to protect their workers from hazards at work and to provide a safe working environment.
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If you have been injured due to the negligent operation of a forklift, you should call a Houston forklift accident lawyer for a free consultation. From the warehouses to the shipyards, forklift accidents are a regular occurrence in Houston and the southeast Texas region. The forklift accident lawyers at Simmons and Fletcher, P.C., Injury & Accident Lawyers have handled numerous forklift accident cases involving serious injuries against negligent employers in and around the Houston area.
FORKLIFT ACCIDENT LAWYER DRIVER
A forklift driver should never listen to music while operating the forklift.
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