Boca Raton Forklift Accident Lawyer
Dump trucks, cement mixers, forklifts, and other construction vehicles often cause serious injuries. Frequently, inexperienced operators overload these vehicles, making them even more difficult to control and reducing the driver’s vision even further. As a result, forklift and other vehicle-related injuries are very common at construction sites. That’s especially true since many bosses shorten timetables, don’t properly provide safety equipment, and take other shortcuts.
In contrast, the diligent Boca Raton forklift accident lawyers at Smith, Ball & Báez never take shortcuts. Instead of jumping to conclusions, we carefully evaluate your case and identify your legal options. Then, instead of rushing to court, we carefully build a strong, evidence-based claim from the ground up. Finally, instead of taking the first settlement offer, we do not stop working for you until we obtain maximum compensation for your serious injuries.
Under Florida law, job injury victims are usually entitled to no-fault insurance benefits which replace lost wages and pay reasonably necessary medical bills.
The amount of lost wage replacement usually depends on the nature and extent of the victim’s disability, as follows:
- Temporary Total Disability: Broken legs and other forklift-related trauma injuries are usually TTD injuries. These victims cannot work until their doctors, which they have a right to choose in Florida, clear them to return to work. Workers’ compensation usually pays two-thirds of the victim’s average weekly wage for the duration of these temporary disabilities.
- Temporary Partial Disability: Some recovering victims “graduate” from TTD to TPD. They can work reduced hours or light-duty assignments as their injuries heal. These positions almost always pay less than their regular jobs. So, workers’ compensation pays two-thirds of the difference between the old and new incomes.
- Permanent Total Disability: Workers are totally disabled if, due to their injuries, educational background, and work background, they cannot work again. Generally, workers’ compensation gives these victims a lump-sum payment that’s based on the nature and extent of their permanent disabilities.
- Permanent Partial Disability: Roughly the same rules apply to PPD injuries. Frequently, a forklift accident causes such a disability. For example, a broken leg might not entirely heal, leaving the victim to deal with permanent injury. Once again, workers’ compensation gives these victims a lump-sum payment that’s based on the nature and extent of their permanent disabilities.
The medical bill payment benefit applies to all reasonably necessary medical expenses. To a Boca Raton forklift accident lawyer, “reasonably necessary” means “medically necessary for a full recovery.” To an insurance adjuster, “reasonably necessary” means “cheapest available.”
Other Legal Options
State law requires most employers to buy and maintain valid workers’ compensation insurance policies that fully cover all employees.
Some employers roll the dice and ignore this requirement. Inspectors don’t look into these matters too closely. Even if the company gets caught, the punishment is often a fine that barely exceeds the amount of money the company illegally saved.
Other employers buy insurance and stop making payments. Others lie on official forms. Either way, the insurance company refuses to pay claims.
In these situations, attorneys can usually file negligence claims in court. The law prevents these companies from using comparative fault and a few other “silver bullet” defenses. Therefore, it’s easier to prove negligence, or a lack of care, and obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Furthermore, if a defective product causes a work injury, the victim can usually take legal action against the manufacturer. Typically, manufacturers are strictly liable for any injuries their defective products cause.
Reach Out to a Diligent Palm Beach County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced forklift accident lawyer in Boca Raton, contact Smith, Ball, Baez & Prather, Florida Injury Lawyers. We routinely handle matters throughout the Treasure Coast region.