I was hurt in a warehouse or by a forklift. What are my options?

Warehouses are fast, crowded and dangerous

Distribution centers and warehouses around Houston, Katy, Baytown and El Paso run on speed: quotas, scanners, conveyors, pallet jacks and forklifts moving through narrow aisles all day. Injuries come from being struck by a forklift, a forklift tipping over, falling loads and racks, conveyor and machine entanglement, falls from docks and mezzanines, and repetitive lifting.

Forklifts have their own safety rules

OSHA treats forklifts as powered industrial trucks with a specific standard. Employers must make sure every operator is trained and certified, and that each operator's performance is evaluated at least once every three years, and again after an accident, a near miss or unsafe driving. Trucks must be inspected before use and taken out of service when they are unsafe. When a forklift injures someone, training records, inspection logs and camera footage are some of the most important evidence.

Your options depend on two questions

1. Does your employer carry workers' compensation? If it does, you generally receive comp benefits from it instead of suing it. If it is a non-subscriber, you can sue it for negligence, and it loses key defenses: it can't blame you for being careless or say you accepted the risk. More on non-subscriber employers.

2. Was someone else responsible? A forklift driver who works for a different company, a carrier's truck driver at the dock, a defective forklift or conveyor, or a property owner can be responsible outside the workers' comp system. Those third-party claims can pay for pain and full lost wages, which workers' comp does not. How third-party claims work.

The evidence we go after

• The operator's training and evaluation records, including the required evaluation at least every three years.
• Pre-shift inspections: OSHA requires forklifts to be examined before being placed in service, at least daily, and taken out of service when unsafe.
• Maintenance records for the forklift, conveyor or racking involved.
• Camera footage, which many warehouses record over within days or weeks, so we demand it be preserved immediately.
• Scanner and productivity data showing the pace you were required to work.
• Staffing agency contracts, which show who was responsible for training and safety.

Injuries we see

Crushed feet and legs, fractures, amputations, head injuries from falling loads, and back and shoulder injuries from lifting all day. In Texas, an injury that builds up from repetitive work can be covered by workers' comp too, and the 30-day notice runs from when you knew or should have known it was work-related.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

If you came through a staffing agency

Many warehouse workers are placed by temp or staffing agencies. That creates two companies with a role in your job: the agency that pays you and the warehouse that directs your work. Which one carries workers' comp, and who controlled the work that hurt you, changes your options. Keep your agency paperwork and your assignment details.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

Don't let a quota keep you from reporting

Report the injury to your employer, in writing if you can, within 30 days to protect workers' comp benefits. Texas law protects workers who file a workers' comp claim from being fired for it. If you were fired for reporting an injury. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

I was hit by a forklift at work. Can I sue?

Possibly. If the driver worked for a different company or the forklift was defective, you may have a third-party claim. If your employer has no workers' comp, you may be able to sue it directly.

Do forklift drivers need to be certified?

Yes. OSHA requires employers to train and certify forklift operators and to evaluate each operator at least every three years.

I work through a temp agency. Who is responsible?

Both the staffing agency and the warehouse can matter. Who carries workers' comp and who controlled the work that hurt you decide your options.

Can I be fired for reporting a warehouse injury?

Texas law protects workers from being fired for filing a workers' comp claim in good faith. If it happened, tell your lawyer right away.

My back hurts from lifting every day. Is that a work injury?

It can be. Texas workers' comp can cover injuries that build up from repetitive work. Report it within 30 days of when you knew or should have known it was work-related.

The warehouse cameras recorded my injury. How do I get the video?

Ask for it in writing, and call us right away. Many systems record over footage within days or weeks, so we send a preservation demand immediately.

How much is a forklift injury case worth?

It depends on the injuries, future care, your work, who was responsible and whether your employer has workers' comp. We give you an honest assessment after reviewing the facts, and we never promise a result.

Authority: OSHA 29 CFR 1910.178 · Tex. Lab. Code ch. 406 · Tex. Lab. Code ch. 409