Workers and Customers Injured by Forklifts

Forklift accidents can cause devastating harm. While in most instances, such accidents involve workers, they can impact customers as well and often cause injuries that require extensive medical care and create significant financial burdens. Maryland law provides avenues for both workers and customers injured by forklifts to seek compensation for their injuries and related costs, but their rights and claims differ significantly. If you were hurt in an accident involving a forklift, it is essential to understand your options, and you should speak to an attorney as soon as possible. At Foran & Foran, P.A., our dedicated Prince George’s County workers’ compensation attorneys have extensive experience advocating for the rights of individuals harmed by forklifts, and if we represent you, we will help you pursue the benefits and damages you deserve.

A variety of Maryland businesses that serve customers use forklifts, including warehouse and construction stores and retailers. While these powerful machines make lifting and transporting heavy loads more efficient, they also pose serious risks. People injured by forklifts may suffer a range of physical harm, including broken bones, spinal injuries, traumatic brain injuries, and crush injuries. These injuries often result from forklift accidents like tip-overs, collisions with pedestrians, or falling loads.

Workers in forklift-intensive environments are at increased risk of injury if an operator lacks proper training, safety protocols are not enforced, or equipment is not regularly maintained. However, customers are also at risk if they enter areas where forklifts are in operation, particularly in settings like warehouse stores or home improvement centers. Collisions with forklifts or accidents involving dropped loads can lead to severe harm, as these heavy machines and their loads can cause immediate, life-threatening injuries upon impact. Whether a worker or a customer, the person injured by a forklift accident may face extensive medical treatment, time away from work, and ongoing physical pain.

In Maryland, employees injured on the job have a right to workers’ compensation benefits. These benefits are available to workers injured by forklifts, provided they were acting within the scope of their employment when the accident occurred. Under Maryland’s Workers’ Compensation Act, eligible workers may receive compensation for medical expenses, lost wages, and, in cases of permanent disability, ongoing support for long-term care or rehabilitation. Maryland’s workers’ compensation benefits include coverage for medical treatment related to the accident, such as hospital visits, surgery, rehabilitation, and necessary medications.

In addition to medical benefits, workers injured by forklifts may also receive wage replacement benefits. Temporary total disability benefits are provided to employees who cannot work in any capacity due to their injuries. These benefits are calculated at two-thirds of the employee’s average weekly wage, up to a maximum amount set by the state, and continue until the employee reaches maximum medical improvement or returns to work. Temporary partial disability benefits are available for workers who can return to work on a limited basis or with restrictions. These benefits help bridge the income gap by covering half of the difference between the employee’s pre-injury earnings and their reduced earning capacity.

In cases where a forklift accident causes a permanent impairment, workers may also qualify for permanent partial or permanent total disability benefits. Permanent partial disability benefits compensate employees for lasting impairments, such as loss of function or disfigurement, while permanent total disability benefits are available to employees whose injuries prevent them from returning to gainful employment altogether.

Unlike employees, customers injured by forklifts in a commercial setting are not eligible for workers’ compensation. However, they may still seek financial recovery through a personal injury claim against the party responsible for the accident. Customers injured by forklifts in stores or warehouses may file a premises liability claim if the accident occurred due to unsafe conditions or failure to maintain a safe environment. For instance, if a store fails to restrict public access to forklift operational areas, the business may be held liable for injuries caused by a collision. Claims of this nature may allow injured customers to seek compensation for medical expenses, pain and suffering, lost wages, and other damages.

Forklift accidents can have devastating consequences for both workers and customers. If you were injured on the job or while visiting a commercial establishment, it is essential to understand your legal options, and you should speak to an attorney. The knowledgeable Prince George’s County workers’ compensation attorneys of Foran & Foran, P.A., have successfully helped workers harmed by forklift accidents protect their rights, and if you retain us, we will fight to help you obtain a just outcome. Our office is in Greenbelt, Maryland, and we regularly represent people in workers’ compensation claims in Hyattsville, Bowie, Waldorf, Rockville, Upper Marlboro, Silver Spring, La Plata, and other cities in Prince George’s County, Charles County, Montgomery County, and all counties in the State of Maryland. You can schedule a confidential and free consultation by using our form online or by calling us at (301) 441-2022.