Forklift accidents are among the most serious workplace incidents in Louisiana warehouses, construction sites, manufacturing facilities, and industrial operations. When a worker is caught between a forklift and another surface, pinned beneath equipment, or struck by a heavy load, the resulting crush injuries can be catastrophic.
Many injured workers in Louisiana wonder whether severe forklift crush injuries qualify for additional compensation beyond basic medical coverage. Under Louisiana workers’ compensation law, the answer may be yes, depending on the severity of the injury, the extent of disability, and the long-term impact on the worker’s ability to earn a living.
At Wanko Workers’ Comp Lawyers, we represent injured employees across Louisiana who have suffered serious workplace injuries, including those involving forklifts and heavy equipment.
What Is Considered a Crush Injury?
A crush injury occurs when significant force or pressure is applied to a body part, often causing damage to muscles, bones, nerves, blood vessels, and internal organs. Forklifts, due to their weight and lifting capacity, can cause particularly devastating harm.
Common forklift crush injuries include:
- Fractured or shattered bones
- Severe soft tissue damage
- Nerve damage
- Amputations
- Internal bleeding
- Spinal injuries
In many cases, these injuries require surgery, extended hospitalization, and lengthy rehabilitation. Some workers are left with permanent physical limitations that prevent them from returning to their previous job duties.
What Workers’ Compensation Benefits Are Available in Louisiana?
Louisiana’s workers’ compensation system provides several categories of benefits for injured employees. These typically include payment for reasonable and necessary medical treatment and wage replacement benefits if the injury prevents the worker from earning their regular income.
Wage benefits may fall into different classifications, including:
- Temporary Total Disability benefits if the worker cannot work at all during recovery
- Temporary Partial Disability benefits if the worker can perform limited duties at reduced wages
- Permanent Partial Disability benefits for lasting impairment
- Permanent Total Disability benefits if the worker cannot return to any gainful employment
For forklift crush injuries that result in long-term or permanent impairment, permanent disability benefits may significantly increase the total compensation available.
When Are Additional Benefits Available?
Crush injuries often qualify for additional compensation because of their severity and lasting consequences.
Under Louisiana law, workers may be entitled to greater compensation if:
- The injury results in permanent impairment
- The worker cannot return to their former occupation
- There is a loss of use of a limb
- An amputation occurs
- The injury leads to chronic pain or limited mobility
In certain cases, Louisiana workers’ compensation provides schedule loss benefits for the loss or loss of use of specific body parts. These benefits are calculated based on statutory formulas and may extend for a defined number of weeks depending on the affected body part.
Because forklift crush injuries frequently involve hands, arms, legs, or feet, schedule benefits may apply.
What If the Injury Prevents You From Returning to Work?
One of the most significant issues in serious forklift injury cases is whether the worker can return to their prior job. Warehouse and industrial positions often require heavy lifting, standing for long periods, or operating machinery. A crush injury may permanently limit these abilities.
If a worker cannot return to their previous position, they may qualify for vocational rehabilitation services. In more severe cases, they may pursue permanent total disability benefits if they are unable to perform any type of substantial employment.
Employers and insurance carriers often challenge the extent of disability. They may argue that the worker can return to light-duty employment even when significant pain or limitations remain.
Thorough medical documentation is critical to establishing the true impact of a crush injury.
Can You Pursue a Third-Party Claim After a Forklift Crush Injury?
In some cases, additional compensation may be available outside of workers’ compensation.
For example, if a forklift malfunctioned due to a manufacturing defect or improper maintenance by a third party, the injured worker may have grounds for a separate personal injury claim. Unlike workers’ compensation, a third-party claim may allow recovery for pain and suffering and other damages not covered under the workers’ compensation system.
Determining whether a third-party claim exists requires a detailed investigation of the accident circumstances.
Why Legal Representation Matters in Serious Forklift Injury Cases
Crush injuries often involve high medical costs, extended time away from work, and permanent impairment. Insurance companies may attempt to minimize the severity of the injury or dispute the worker’s eligibility for certain benefits.
Wanko Workers’ Comp Lawyers represents injured employees throughout Louisiana in complex workers’ compensation cases involving heavy equipment and forklift accidents. We work to ensure that medical evidence fully reflects the seriousness of the injury and that all available categories of benefits are pursued under Louisiana law.
If you or a loved one has suffered a forklift crush injury at work, you do not have to handle the claim alone. To understand your rights and pursue the full compensation available, contact Wanko Workers’ Comp Lawyers today to schedule a consultation. Acting promptly can help protect your benefits and secure the support you need during recovery.
