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Worker Injured in Forklift Accident Awarded Substantial Verdict

Forklifts can be very dangerous pieces of machinery when the appropriate precautions are not taken. Forklifts allow workers to be raised to very high locations, which can lead to the possible risk of serious falls. When companies and workers do not ensure that all safety measures are met in the use of these machines, they can end up being sued if any injuries occur from forklift accidents. This is exactly what happened in the case of an apprentice electrician who was seriously injured after suffering from a fall off of a forklift. This led to a lawsuit on the man's behalf against another electrician and the company the victim was performing services for. In recent weeks, a jury in Hidalgo County, Texas awarded the plaintiff a multi-million-dollar verdict, according to The Brownsville Herald.

The article laid out the details of the accident and the lawsuit. According to the news story, the lawsuit stated that in January 2012, the plaintiff was raised up on a forklift because he was fixing a sign for the company (one of the defendants in the lawsuit). The forklift was being operated by another electrician with whom the plaintiff was working (the other defendant). The forklift ended up tipping over, causing the plaintiff to fall about 30 feet. As a result, he suffered from brain, shoulder and hip injuries. He is now in need of a cognitive restraint, a shoulder replacement and a hip replacement, and he is no longer able to work, The Brownsville Herald reports.

The plaintiff's representatives alleged that the company acted negligently and violated the 1999 Occupational Safety and Health Administration (OSHA) rule by allowing uncertified individuals drive forklifts, according to article. The company denied liability, and the other electrician noted that he had initially asked for a different machine that he was actually trained to use. The jury ultimately found that the company held 85% liability and the electrician who was operating the forklift held 15% liability, which resulted in the verdict.

For electricians, construction workers and other workers in the labor field, potential falls are a serious danger. According to data from the OSHA, falls were the leading cause of worker deaths on construction sites. There are many falls that occur through forklift accidents, so companies and workers alike need to ensure that they are handling these machines responsibly.

If you have been injured in an accident that was caused by someone else's negligence—whether in the workplace or elsewhere—it is important that you get the legal help you need for proving the at-fault party's liability. With the help of a skilled lawyer who practices personal injury law, you could end up obtaining the compensation you truly deserve. At Guerra & Farah, PLLC, our McAllen personal injury lawyers are here to fight for fair payment for injury victims. Contact our firm a free case evaluation!

Categories: Personal Injury
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