Picking up an item that you purchased should not be difficult. Nor should it be dangerous. However, in one recent case, the situation proved to be serious for one man. The man had purchased a hydraulic press at an equipment auction. When he went to retrieve the item from the warehouse the next day, he ended up with a major injury. The workers at the location attempted to load the equipment onto the man’s truck using a forklift. The forklift operator failed to control the vehicle and the man’s hand was smashed between the forklift and the hydraulic press. The man suffered serious and permanent injuries to his hand and fingers. In cases like this, where an injury is the result of another party’s negligence or reckless behavior, the victim may be able to recover compensation for his or her losses through a personal injury claim.
One of the measures of a personal injury case is that there must have been negligence on the part of another. Negligence is simply doing something that a reasonable person would know could be dangerous or could cause harm. In a case such as this one, the forklift operator was negligent and did not use enough care when operating the forklift. The company that employs the forklift operator should have properly trained him to avoid mistakes and potential injury. Thus, the company is liable for the negligent actions of the employee who caused the man’s injury.
When someone suffers a serious injury or dies because of the negligent acts of another, they or their family may be entitled to damages. Damages include expenses that occurred because of the accident. Damages may include such things as medical expenses, hospital bills, money for pain and suffering, and legal fees. In this instance, the man also lost money because he was unable to work. He is also asking for payment for lost wages. The injuries are permanent, according to the paperwork filed. This means that the man may also have future medical costs that should be part of the compensation he is requesting.
OSHA has important safety requirements for forklift operators. These requirements must be met by companies that utilize forklifts. The National Institute for Occupational Safety and Health (NIOSH) issued a publication that provides information to prevent injuries and deaths to those who operate or work near forklifts. It is necessary for those who operate forklifts to take a safety course prior to operating one. Forklift injuries can be very serious and there have been many reported deaths due to forklift accidents over the last twenty years. In addition to forklift operation, companies are required to perform regular maintenance and repair to their forklifts. In this case, the operator was not careful enough and caused injury to the man’s hand and fingers.
Serious injuries require expensive medical treatment and some injuries may be permanent, like the injuries reported in this case. Those who were injured because of the negligence of another person may be entitled to compensation. This lawsuit is filed against the company that owned and operated the forklift for medical expenses, lost wages, and other damages. The man is likely to require additional treatment because the injury is considered permanent. If you were seriously hurt because of someone’s negligence, contact the personal injury attorneys at Michael T. Friedman & Associates, P.C. to discuss your case.
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