Workers’ Compensation Lawyer Representing People Injured in a Construction Accident
At Krolikowski Law, Orange County construction accident lawyer Adam Krolikowski skillfully prepares workers’ compensation claims so that his clients can remain focused on their recovery. He has compiled more than 20 years of experience helping construction workers and their families pursue compensation.
While employees in any profession face occupational hazards every day, construction workers face some of the most dangerous work conditions. Most construction workers deal with heavy equipment, potentially dangerous tools, and hazardous substances, often while working high in the air or below the ground. Employees injured in a California construction accident can pursue a workers’ compensation claim to help them cover the costs associated with their work-related injuries.
Types of Construction Accidents
People who work in construction understand that not all construction work is the same, and that any large project requires many workers with highly specialized skills. Naturally, the specific hazards facing a construction worker will depend on their type of work. For example, pipefitters, electricians, carpenters, heavy equipment operators, and ironworkers all face unique hazards. That said, a construction site poses many shared risks as well. Some of the most commonly seen construction accidents involve the following:
- Scaffolding accidents
- Trenching and excavation injuries
- Crane and forklift accidents
- Explosions
- Electrocution accidents
- Slip-and-fall accidents
- Chemical burns
- Being struck by a falling object
- Getting trapped in or between heavy machinery
Common Injuries Resulting from Forklift Accidents
Forklift accidents are unfortunately common on construction sites, and due to the size and power of these machines, they can result in a wide range of injuries. Some of the most frequent injuries suffered in forklift-related incidents include:
- Broken or fractured bones
- Spinal cord injuries
- Head and traumatic brain injuries
- Deep cuts and lacerations
- Amputations
- Muscle strains and ligament sprains
- Eye and ear injuries
- Crush injuries from being pinned or rolled over
- Electrocution, especially when forklifts contact overhead power lines
In severe cases, workers may experience permanent disfigurement or even fatal injuries. These injuries not only impact the worker’s ability to return to the job site but also often lead to significant medical expenses and extended recovery periods.
Preventing Forklift-Related Accidents and Injuries
Forklifts play a critical role on many construction sites, but their potential for causing harm cannot be overstated. To help minimize the risk of forklift-related accidents and injuries, employers—and especially general contractors and site supervisors—should prioritize comprehensive training and ongoing certification for every worker who will operate this equipment.
Key safety steps include:
- Ensuring that every forklift operator receives hands-on training specific to the make and model they’ll be using. This should cover routine maintenance, the use of personal protective gear, and methods for safely maneuvering in crowded or confined spaces.
- Providing refresher courses routinely, as well as whenever new forklift models are introduced to the site.
- Instituting strict safety protocols for forklift use in high-traffic or restricted areas, such as warehouses, loading docks, and active construction zones.
- Requiring regular inspection and maintenance of all forklifts, so problems can be identified before they lead to accidents.
- Reinforcing the importance of clear communication between operators and nearby workers to prevent misunderstandings and collisions.
By making training and maintenance a top priority, employers can take decisive steps to protect workers from the dangers that forklifts present—whether they’re transporting materials across a large jobsite or navigating the tight aisles of a warehouse.
Common Causes of Forklift Injuries on Construction Sites
Forklifts are essential on many construction sites, but they also pose a significant risk if not operated safely. Many workplace injuries involving forklifts happen due to preventable errors or unsafe practices. Some frequent causes of forklift-related accidents include:
- Overloading forklifts beyond their rated capacity, risking tip-overs.
- Collisions with shelving, equipment, structures, or even other workers.
- Operating forklifts without wearing seatbelts or using safety features, such as horns and lights.
- Driving too quickly, especially when cornering or maneuvering in tight spaces.
- Moving heavy loads with the platform raised, which can lead to instability.
- Neglecting proper techniques when going uphill or downhill—for example, not maintaining the correct orientation of the load.
- Loads shifting, falling from the forklift, or pallets breaking or collapsing during lifting.
- Operators getting behind the wheel while impaired by fatigue or substances.
These kinds of accidents highlight the importance of thorough training, adherence to safety procedures, and regular equipment checks on every construction site.
The Importance of Proper Forklift Training and Certification
Forklifts are a vital part of nearly every construction site, but they also carry significant risks if not operated correctly. Because forklifts are capable of lifting massive loads and navigating busy, often confined areas, proper training and certification for operators is crucial. A well-trained forklift operator not only protects themselves but also those working around them.
Without the right training, operators may not be aware of key safety procedures or limitations when maneuvering heavy machinery in tight quarters—like warehouses, shipyards, or construction sites packed with workers and equipment. Certification ensures that operators know how to handle different models of forklifts, recognize and respond to potential hazards, and follow essential maintenance practices. It also covers the use of necessary personal protective equipment and the best methods to avoid common hazards such as tip-overs or collisions.
Employers, contractors, and supervisors are responsible for making sure anyone who operates a forklift is fully prepared for the job. This includes ongoing education, especially when new forklift models are introduced or safety standards are updated. Ultimately, routine training and certification reduce the risk of serious accidents and make construction sites safer for everyone.
Common Environments Where Forklifts Pose Risks
Forklifts are a familiar sight in a variety of busy worksites, which unfortunately can also make them a source of potential hazards. These powerful vehicles are essential for moving heavy loads in environments such as warehouses packed with products, bustling distribution centers, busy factories, crowded shipyards, and constantly active shipping docks.
Given the tight spaces, crowded aisles, and constant movement of people and materials, these locations demand extra caution. It’s easy to see how accidents can happen if safety protocols are overlooked or operators aren’t properly trained. In addition to transporting valuable goods, forklift operators must constantly navigate obstacles and remain aware of their surroundings to prevent injuries to themselves or others.
Legal Remedies for Injured Construction Workers
Construction accidents frequently result in workers suffering serious, and sometimes life-changing, injuries. As a result of these injuries, construction workers will likely miss weeks of work and accrue significant medical expenses. In this situation, a construction accident attorney in Orange County can help an injured worker pursue benefits.
The main type of construction accident claim is a workers’ compensation claim. The workers’ compensation program allows injured construction workers to obtain monetary benefits to cover the costs of their medical treatment, and it provides ongoing disability benefits while an injured worker is recovering. Since the workers’ compensation system is a no-fault system, an employee does not need to establish that their employer was at fault. Thus, the process of obtaining workers’ compensation benefits tends to be much faster than the process of resolving a personal injury lawsuit. However, the trade-off is that employees who are eligible for workers’ compensation cannot generally sue their employer because, under the state’s workers’ compensation laws, a workers’ compensation claim is an injured worker’s sole remedy against their employer. The other limitation on workers’ compensation claims is that they do not allow for the payment of non-economic damages, such as pain and suffering.
An Orange County construction accident attorney also may be able to help a worker pursue a personal injury claim. While the exclusive remedy provision prevents an employee from bringing a claim against their employer after a construction accident, it does not stop them from bringing a claim based on a third party’s negligence. In the context of a construction accident, a negligent third party may be another contractor, a manufacturer of a piece of equipment, or a property owner. If they are successful, an injured worker can recover both economic and non-economic damages through a personal injury lawsuit. However, unlike with a workers’ compensation claim, to establish liability in a personal injury case, an injured worker must be able to prove that the third party was negligent.
Contact a Construction Accident Lawyer Today
If you or a loved one has recently suffered serious injuries in a construction accident, you may be entitled to compensation. However, the intersection of personal injury law and workers’ compensation law is complex, and accident victims should consult a knowledgeable construction accident lawyer in Orange County as soon as possible to obtain sound advice on how to proceed. Attorney Krolikowski has successfully represented injured workers in Orange County and across Southern California since 2004. Attorney Krolikowski effectively navigates clients’ cases through the personal injury and workers’ compensation processes, diligently working toward a favorable result at every step of the way. With his experience behind you, you can rest assured that your case is in good hands. To learn more, contact Krolikowski Law or call (949) 274-9915 to schedule a free consultation today.
