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    forklift accident

    Forklifts, sometimes referred to as powered industrial trucks, are essential for construction, warehousing, and manufacturing operations in South Carolina.

    When used and maintained properly, forklifts can boost productivity and reduce employee injuries. However, the size, power, and limited visibility for the driver also pose safety risks to workers, especially when trucks are operated unsafely or have design or manufacturing defects.

    Forklift and other motor vehicle accidents result in higher workers’ compensation claim costs than any other accident type. According to the National Safety Council, these claims cost on average over $90,000, with medical costs averaging over $50,000 while other costs related to indemnity (lost wages, mileage, etc. making up the rest). Other losses, such as pain and suffering, aren’t covered by workers’ compensation, but additional relief may be available through a third-party lawsuit.

    Forklift accidents are serious, and they demand serious representation. During a free consultation, our South Carolina construction accident attorneys at Joye Law Firm will listen to you and advise you about what actions may be taken to safeguard your rights.

    To get started with a free case review, call Joye Law Firm or contact us online today.

    Joye Law Firm Fights for Forklift Injury Victims

    Forklift drivers take on a range of responsibilities, including securing the cargo they load. For one driver, this routine task turned disastrous. After unloading his forklift onto a tractor-trailer, he attempted to place a locking bar at the back of the trailer, a process he had previously raised concerns about. He had warned that the notches meant to secure the bars were inadequate, but despite assurances that the issue was being addressed, no changes were made. Tragically, a locking bar dislodged and struck him in the back of the neck, causing a catastrophic injury.

    When Attorney Sarah Khouri from our Columbia office took on the case, she immediately referred her client to an independent spine surgeon, who recommended urgent surgery, countering the workers’ compensation insurance doctor’s recommendation for more conservative treatment. Attorney Khouri also had to fight back against the insurer’s attempts to blame the injury on a preexisting condition. Drawing on her background as a former insurance defense attorney, she proved the injury was directly caused by the on-the-job incident. Thanks to her advocacy, her client secured a $175,000 workers’ compensation settlement, along with full coverage of his medical expenses and ongoing weekly TTD (temporary total disability) benefits.

    Read the Full Case Study

    This case is just one example of the types of serious forklift-related injuries our team at Joye Law Firm handles. While we are proud to have helped this client secure the benefits he deserved, it’s important to remember that every case is unique, and past results do not guarantee future outcomes. To find out how we can help, contact our team for a free case evaluation.

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    Types of Forklift Accidents

    The root cause of forklift accidents often stems from significant blind spots, blocked views, long stopping distances, instability when carrying loads, inattentive pedestrians, operator error, and inadequate training. According to OSHA (the Occupational Safety and Health Administration,) 70 percent of forklift accidents could be prevented with proper safety measures.

    Some of the most common forklift-related accidents include:

    • Forklift overturns – leading cause of forklift-related deaths
    • Fall from forklift – workers standing on forklifts or improperly secured loads
    • Worker on foot struck by forklift – often due to blind spots or inattentive operators
    • Victim crushed by forklift – especially common in warehouses and tight spaces
    • Struck by falling material – poorly secured loads falling off lift trucks

    Most Common Injuries in Forklift Accidents

    Forklift accidents can result in serious and life-altering injuries. The injury statistics from the National Safety Council Injury Facts 2021-2022 show:

    • 22% Bruises and contusions
    • 19% Sprains, strains, and tears
    • 19% Soreness and pain
    • 17% Fractures
    • 11% Other injuries
    • 7% Cuts and lacerations
    • 4% Multiple traumatic injuries
    • 1% Amputations

    Forklift Statistics

    Forklift accidents are a significant cause of workplace injuries and fatalities in the U.S. and South Carolina. Consider these alarming statistics:

    • 67 forklift-related deaths in 2023
    • 24,960 injuries in 2021-2022 requiring days away, restricted or transferred (DART)
      • 15,480 of those injuries resulted in days away from work (DAFW)

    Industries most affected by forklift accidents:

    OSHA Forklift Regulations

    OSHA has in place numerous health and safety regulations for powered industrial trucks, including the following:

    • Only trained and authorized operators are permitted to operate a forklift. Both a written and a driving test must be completed.
    • Operator refresher training is also mandatory.
    • Forklifts shall be examined before being placed in service and taken out of service if an examination reveals an adverse condition. Examinations should be made at least daily before the start of a shift. Defects, when found, are to be immediately reported and corrected.
    • Elevated loads shall not be tilted forward, except when the load is in a deposit position.
    • Nobody is allowed to ride on a forklift, unless it has seats for passengers.
    • Forklifts are not to be operated with a load that exceeds manufacturer specifications.

    What is the 3-Foot Rule for Forklifts?

    While OSHA has many regulations to protect workers, this rule was created by workers themselves. This rule states that a minimum distance of three feet must be maintained between a forklift and any obstacle or individual. This buffer zone helps to prevent accidents caused by sudden movements, falling objects or the forklift itself. Here are a few guidelines to keep in mind for the 3-Foot Rule:

    1. Keep Pedestrians at a Safe Distance
      Maintain at least three feet between forklifts and pedestrians at all times. Use barriers or designated walkways and always sound the horn at intersections or blind spots.
    2. Maintain Clearance from Obstacles and Equipment
      Forklifts should stay at least three feet away from walls, shelving, and machinery. Operators must stay alert and ensure safe spacing around other forklifts to avoid collisions.
    3. Use Extra Caution with Heavy or Unstable Loads
      When handling oversized or unstable loads, increase the distance beyond three feet. Loads can shift or fall, so keep drop zones clear of bystanders.

    Workers’ Compensation vs. Third-Party Lawsuits

    If you’re injured in a forklift accident, you may be eligible for workers’ compensation benefits, covering medical expenses and partial wages. However, workers’ comp does not cover pain and suffering or the full impact of long-term disability costs. If your injury was caused by someone outside of your employer’s company, you may have the right to pursue a third-party lawsuit for additional compensation. A third-party claim may be possible if your injury was caused by:

    For example, if you are on foot at the job site when a forklift driven by a worker for another company strikes and injures you. The driver, because he is not your employer or a co-worker, may be sued. You will need to show that the driver was somehow negligent. If he was violating OSHA forklift regulations at the time of the accident, this may be considered evidence of negligence.

    Real Case Example: How a Third-Party Claim Made a Difference

    While every case is unique, a recent case we handled highlights the importance of pursuing both a workers’ compensation claim and a third-party lawsuit after a serious worksite injury. An Insulator apprentice was walking across a construction site when a scissor lift operator from another company struck her. Our client suffered significant injuries to her shoulder and cervical spine, ultimately requiring multiple surgeries and leaving her unable to continue working. Attorney Matt Jackson helped the victim secure workers’ compensation benefits, including a $160,000 settlement to cover her medical expenses and lost wages.

    However, because the operator worked for a different company, our firm also pursued a third-party personal injury lawsuit, led by Attorney Milt Stratos. During the investigation, we discovered the scissor lift’s safety alarms were nonfunctional, a critical failure that strengthened our client’s case. Although the defense initially denied liability, we refused to back down. After extensive negotiations, Attorney Stratos ultimately secured a $1.1 million settlement to compensate our client for her pain, suffering, permanent injuries, and future medical needs. Her story is a powerful example of how experienced legal representation can make all the difference when navigating complex injury claims.

    Read the full case study

    Explore Your Legal Options with a Forklift Accident Attorney in South Carolina

    Forklifts accidents are not just statistics – they are life-altering events that demand serious legal representation. About 90 percent of all forklifts will be involved in an accident during their service life, highlighting just how common and dangerous these incidents can be.

    If you were injured by a forklift in South Carolina, you deserve a legal team with the experience, resources, and relentless determination to fight for your future. At Joye Law Firm, we bring more than 300 combined years of litigation experience to every case we handle. We know what it takes to stand up to insurance companies and negligent third parties, and we are ready to fight for the full compensation you deserve.

    Call Joye Law Firm now or fill out our online contact form for a free, no-obligation claim review. We’re available 24/7 to answer your questions and help you take the first step toward recovery.

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    Columbia SC attorney Sydney Lynn