I was Crushed Between Two Forklifts

 

Question:

I was crushed between two forklifts by a fellow employee, I went to Mercy hospital, and had X-Rays and sent home the next day. Off work for a week with crutches and back to work on light duty answering phones and paper work, for 4 months. Now I got released from the doctor and said there was nothing else he could do. My boss had me sign papers to take off for up to 18 month medical leave and now I am trying to find out who is paying my wages. My Boss said to call the Insurance company to continue with my pay.But now that I am home my back is getting worse and I am just getting more frustrated day by day. I have been off since 5-10-06. I had PT for 4 months with no improvement, just worsen. Now I need to know who is going to pay for ruining my life and making it hard to cope with the pain and try to be a normal father to my 4-year-old son. I have read a lot on the net and seen a lot of forklift injuries and they end in death. My supervisor the night of the accident said out of four accidents that he had seen I was the only one to walk away Does OSHA come involvement in my law suite in any way? No mirrors or back up beepers. HERE IS ALMOST EVERYTHING THAT I HAVE, CHRONIC BACK PAIN. HIP FRACTURES.(they call it arthritis) slightly HERNIATED DISC. and NERVE DAMAGE LEFT LEG AND HIP AND FOOT.

Don
Richmond, IN

Answer:

Don:
Your situation is not as uncommon as you think.  Many have been left severely injured by forklifts that have inadquate visibility or beepers.  Your attorney should investigate if these problems were caused by the manufacturer or the employer.   If caused by the manufacturer, a lawsuit should be filed against the manufacturer.  As to payment of wages currently, you need to look to the local WC laws.  They should enable you to recover approximately the difference between the wages you were making and those wages you are capable of making now.  You must have a good lawyer to do this.  Since you were working in Ohio, those laws may apply and I’d  think you’d rather have a WC lawyer out of Ohio rather then a WC lawyer out of Indiana.  Ohio laws are likely better.
Either way, you must protect yourself by obtaining representation.  Defendant has it.  You should also.