Florida Forklift Accident Attorney

According to the National Safety Council, forklifts were the source of 70 work-related deaths in 2021 and 7,290 nonfatal injuries in 2020 in the United States. In Florida, workers’ compensation provides benefits to those injured or killed in forklift accidents while on the job.

Understanding Workers’ Compensation

Workers’ compensation exists to benefit injured workers as well as employers. Injured workers, in the case of forklift accidents or some other work-related causes, receive medical treatment and a percentage of their regular wages while recuperating. Workers’ compensation also protects employers from lawsuits pursued by employees injured on the job.

Forklift Injuries Under Florida No-Fault Law

When it comes to workers’ compensation, Florida is a no-fault state. That means a worker may receive workers’ compensation even if their negligence resulted in the injury. For instance, those working around forklifts should not wear headphones and listen to music, as it causes a distraction.

Under Florida law, that type of behavior will not affect their workers’ compensation claim even though it might have impaired the person’s hearing and possibly contributed to their own injuries.

It is also against the law for a Florida employer to fire an employee who files for workers’ compensation benefits.

What Are My Employer’s Obligations After a Forklift Accident? 

In Florida, after a forklift accident at work, employers are obligated to do the following:  

Serious Injuries Must Be Reported to OSHA 

In the event of a serious workplace incident involving a forklift—such as a fatality, in-patient hospitalization, amputation, or eye loss—employers in Florida are required to report the incident to the Occupational Safety and Health Administration (OSHA) in accordance with federal regulations, as Florida follows federal OSHA standards. 

• Fatalities must be reported within 8 hours of the employer learning of the incident. 
• In-patient hospitalizations, amputations, or eye losses must be reported within 24 hours. 

These reporting obligations are designed to promote workplace safety and enable OSHA to conduct investigations when warranted. 

Your Employer Must Ensure That You Get Medical Help  

Under Florida law, employers must ensure injured workers receive prompt medical care, especially in emergencies.  

Here’s how it breaks down: 

• Immediate Medical Attention: If an injury occurs on the job, particularly involving serious harm (such as a forklift accident), the employer must ensure the worker receives immediate medical treatment. In emergencies, this includes calling 911 or transporting the injured worker to the hospital without delay. 
• Authorized Medical Provider: For non-emergency situations, the employer (or their insurance carrier) must refer the injured worker to an authorized physician. Treatment by unauthorized providers may not be covered unless it’s an emergency. 
• Failure to Act: If an employer fails to provide medical care in a timely manner, they may be violating state law, and workers may have grounds to file a complaint with the Florida Division of Workers’ Compensation. 

They Must Report Your Injury to Their Insurance Company Within 7 Days 

Under Florida workers’ compensation law, once you notify your employer of a work-related injury, they are required to report it to their insurance carrier within seven days. This report initiates the claims process, allowing you to access benefits such as medical treatment and wage replacement. 

They Can’t Retaliate Against You for Filing a Claim 

Florida law prohibits employers from retaliating against an employee for filing a lawful workers’ compensation claim. This means an employer may not terminate, demote, discipline, or otherwise take adverse action against an employee solely because they exercised their right to seek benefits under the Workers’ Compensation Act. 

They Should Cooperate with the Claims Process 

Under Florida workers’ compensation law, an employer is expected to cooperate with the claims process by promptly submitting required documentation and providing relevant information to the insurance carrier and any authorized representatives.  

While the law does not explicitly outline penalties for employer non-cooperation, delays or failure to provide necessary information can hinder the timely processing of a claim, potentially affecting when an injured worker receives benefits such as medical care or wage replacement. 

When you work with a Florida work injury lawyer, they will protect your legal rights and handle your claim properly.  

How Long Do I Have to File a Forklift Accident Claim? 

There are two key deadlines to keep in mind after a forklift accident in Florida: one for reporting the injury to your employer and one for filing your workers’ compensation claim: 

You Must Report the Injury Within 30 Days 

In Florida, the timeline for initiating a workers’ compensation claim begins either on the date of the workplace injury or the date you first become aware that your injury is work-related. State law requires that you report the injury to your employer within 30 days of this date. Failure to provide timely notice can result in the denial of your claim, regardless of the severity of the injury. 

Whether it was caused by a forklift accident, or developed gradually over time, it is essential to notify your employer as soon as possible. Report the injury to a supervisor or manager and, whenever feasible, do so in writing to create a clear record. Prompt reporting not only helps preserve your right to benefits but also strengthens the credibility of your claim in the event of a dispute. 

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File a Workers’ Compensation Claim Within 2 Years 

In Florida, you generally have two years from the date of your workplace accident—or from the date you first became aware that your injury or condition is related to your job—to file a formal workers’ compensation petition for benefits. This timeline applies across a wide range of work accident causes. This two-year period constitutes the statute of limitations, a strict legal deadline. Failure to file within this timeframe may result in the permanent loss of your right to claim benefits, regardless of the injury’s severity or legitimacy. 

While this deadline applies in most cases, exceptions may arise. For instance, if your employer or their insurance carrier misrepresented your rights, failed to report your injury, or neglected to provide you with the legally required information regarding your workers’ compensation benefits, the statute of limitations may be extended.  

Additional exceptions may apply if you were mentally incompetent or physically unable to file within the standard period due to the extent of your injury. It is advisable to consult a qualified attorney to assess whether an exception might apply in your case. 

Benefits Available Under Workers’ Compensation

Benefits available to injured workers under workers’ compensation consist of medical benefits, lost wages, and other compensation.

Medical benefits

Your workers’ compensation medical benefits include:

• Doctor visits
• Hospitalization
• Prescription medications
• Physical therapy
• Testing

If the accident caused the loss of a limb, workers’ comp should pay for prostheses. Benefits also include mileage reimbursement for visits to your healthcare provider or pharmacy.

Lost wages under Workers’ Comp

Your eligibility to receive lost wages after a forklift accident sustained on the job depends on the severity of your injuries and the length of recuperation.

Here are the possible benefits:

• Temporary Total Disability–If your doctor states that you cannot work due to your forklift accident, you are eligible to receive up to 2/3 of your regular wages, up to a maximum of $1,197. Severely injured workers may receive up to 80 percent of their wages up to the maximum for up to six months. Note that you cannot receive TTD payments for your first seven days of disability. You can receive TTD payments for up to 104 weeks.
• Temporary Partial Disability–Once your doctor says you can go back to work with restrictions, you may receive TPD. Eligibility is based on whether you are not able to earn 80 percent of the wages earned when your forklift accident occurred.
• Maximum Medical Improvement–When your doctor declares you have reached MMI, that indicates your condition is not expected to improve. At that point, you are evaluated for potential permanent work restrictions and receive an impairment rating.
• Permanent Total Disability–If after reaching MMI your injuries are so serious that you will never prove able to work again, you may receive PTD.

Workers’ Compensation Death Benefits Pursuant to Forklift Injuries

If your family member died because of a forklift accident within one year of the incident, or after five years of continuous disability, surviving family members may receive the following:

• Funeral expenses of up to $7,500
• Educational benefits for a surviving spouse
• Dependent compensation

Death benefits cannot exceed $150,000.

Seek an Experienced Workers’ Compensation Attorney

If you were injured in an on-the-job forklift accident or lost a family member, experienced legal counsel can make all the difference to your case. Florida Workers Comp attorneys at the Berlin Law Firm are eager to help. Schedule a free, no-obligation consultation today.  With offices in Sarasota and Tampa, we serve clients throughout the state of Florida.