Q.) I was injured by another company’s forklift operator while I was making a delivery. Do I have a workers’ compensation case, or do I have a personal injury case against the forklift operator and his company?
A.) You potentially have both avenues for compensation. If you are injured while working in the scope of your employment by a third party that is not connected or related to your employer, you may be entitled to both workers’ compensation benefits and a third-party personal injury claim. Virginia law does not prevent you from pursuing both, as long as the negligent party is not your employer or a co-worker. When a forklift operator for another company causes your injury, you may be able to hold both the operator and their employer liable for damages far beyond what workers’ comp provides.
The following is a brief overview of pursuing a forklift injury claim. If you have been injured in any accident involving a forklift or powered industrial truck, it is important to speak with one of the qualified Virginia personal injury lawyers from Shapiro, Washburn & Sharp to determine what type of legal action you can pursue.
Forklifts remain one of the most dangerous pieces of equipment in industrial, warehouse, retail, and construction settings. According to updated data from the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics (BLS), there are now more than 1 million forklifts in operation nationwide — a significant increase from previous years as warehousing and logistics industries continue to expand.
Tragically, forklift accidents remain a leading cause of serious workplace injuries. OSHA’s most current data reveals that forklifts contribute to approximately 85–100 work-related deaths each year and over 7,500 serious, non-fatal injuries. When including injuries treated outside hospital settings, the National Safety Council estimates that more than 34,000 forklift-related injuries occur annually.
These incidents often occur during routine daily operations, meaning even trained and experienced workers remain at risk. Forklift accidents also frequently involve workers from outside companies — such as delivery drivers, vendors, mechanics, and contractors — who happen to be present when improper forklift operation or unsafe site conditions occur.
Forklifts are extremely powerful machines capable of lifting thousands of pounds, yet they are also inherently unstable. A forklift’s center of gravity can shift quickly, and the margin for operator error is small. Some of the most common types of accidents include:
Injuries from these incidents frequently include broken bones, crush injuries, internal trauma, spinal cord damage, amputations, head injuries, and—too often—fatal outcomes.
The Occupational Safety and Health Administration oversees safety requirements for all powered industrial trucks. OSHA regulations apply to two primary areas: operator training and certification, and equipment inspection/maintenance.
Employers, contractors, and site managers must ensure that operators receive proper training and maintain written certification showing that the worker has demonstrated competence. This training must include classroom instruction, practical demonstration, and an evaluation of the operator’s performance. Refresher training is also required if an operator is involved in an accident, observed using the forklift unsafely, or if job conditions change.
Regarding the equipment itself, OSHA requires forklifts to be inspected at least once per day — or once per shift if they operate continuously. Any defect must result in the immediate removal of the forklift from service. Despite these requirements, OSHA frequently cites employers for inadequate training, missing certification, or failure to perform required inspections. Because OSHA does not prescribe a single uniform training program, many workplaces take shortcuts, resulting in uncertified operators and unsafe machinery. These conditions can create significant liability in a personal injury claim.
When someone is injured in a forklift-related accident, the type of compensation available will depend on the circumstances. If you were injured while working for your employer, you may qualify for workers’ compensation benefits. These benefits typically include medical treatment and partial wage replacement but do not compensate you for pain and suffering, emotional distress, or the full loss of future earnings.
However, if the forklift operator works for a different company—for example, a warehouse you were delivering to—you may have the right to file a third-party personal injury claim in addition to workers’ comp. These claims allow you to seek full compensation for damages such as medical bills, lost income, diminished earning capacity, permanent disability, scarring, and pain and suffering. Unlike workers’ comp, a third-party claim requires proving negligence. Common examples include an uncertified operator, failure to enforce OSHA safety rules, lack of proper supervision, or allowing an unsafe forklift to remain in service.
Depending on the facts, liability may extend not just to the forklift operator but also to the operator’s employer, equipment maintenance contractors, site managers, or the company controlling the premises.
If you or a loved one were injured in any type of accident involving a forklift or any other powered industrial truck, do not try to handle the situation on your own. Call Shapiro, Washburn & Sharp to meet with one of our dedicated Virginia Beach personal injury attorneys for a free case evaluation and find out what type of legal options you may have.
Our personal injury law firm has secured millions of dollars in verdicts and settlements for our clients, including the following:
Q.) I was injured by another company’s forklift operator while I was making a delivery. Do I have a workers’ compensation case, or do I have a personal injury case against the forklift operator and his company? A.) You potentially have both avenues for compensation. If you are injured while working in the scope of…
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