Forklift and Machine Injuries at Work in Pennsylvania

Warehouse and plant injuries where somebody other than your employer usually shares the blame.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Forklift and machine injuries are covered by workers compensation, and they are also the category most likely to involve a third party: an equipment manufacturer, a maintenance contractor, a staffing agency, or another company operating on the same site. That second claim pays what compensation does not.

Who else is usually involved

Warehouses and plants are shared spaces. On any given day the people in them may work for four different employers, and the equipment may be leased, serviced and operated by three more.

  • The equipment manufacturer, on design: guarding, interlocks, visibility, alarms, stability.
  • A maintenance or service contractor, where a brake, mast, hydraulic or steering failure traces to their work.
  • The equipment lessor, where a leased unit was supplied in poor condition.
  • Another employer’s operator on a shared site, whose employer is not your employer and is therefore fair game.
  • A staffing agency arrangement, where who legally employed you is genuinely contested, which sometimes opens a claim against the host company.

The evidence disappears fastest here

Damaged equipment gets repaired because the operation needs it back. That is understandable and it is also how design cases die.

  1. Photograph everything before anything moves: the machine, the load, the floor, sight lines, the position of both people and equipment.
  2. Record the make, model and serial number.
  3. Ask whether the unit has telematics. Many modern forklifts log speed, impacts and operator identity.
  4. Get the maintenance file and any pre-shift inspection sheets.
  5. Tell us immediately so a preservation demand is sent before the repair.

OSHA findings help but are not the claim

A citation is useful evidence and an inspection report can be a valuable roadmap. It does not create your claim and its absence does not defeat one. OSHA regulates the employer relationship, which is precisely the relationship workers compensation already covers.

Struck by, versus caught in

Being struck by a forklift is usually an operator or visibility case. Being caught in or crushed by machinery is more often a guarding and interlock case, which points at the manufacturer. The distinction shapes who the defendant is and what needs preserving, which is why the first conversation matters.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

I was hit by a forklift at work. Do I have more than a comp claim?

Frequently. If the operator worked for a different employer on a shared site, if the unit was leased or recently serviced by a contractor, or if a design or visibility defect contributed, a third party claim may exist alongside compensation and it covers pain and suffering, which comp does not.

The machine has already been repaired. Is the case gone?

It is harder but not automatically over. Photographs, the maintenance file, the parts that were replaced, telematics data and witness accounts can still carry a case. The priority is to stop any further change and to obtain records before they are overwritten.

Do forklifts record data?

Many modern units carry telematics logging speed, impacts and operator identity. It is worth asking about immediately, because that data is frequently retained only for a limited period and is one of the more objective sources available.

Does an OSHA citation mean I win?

It is useful evidence and the inspection report is often a good roadmap, but it does not create your claim and its absence does not defeat one. OSHA governs the employer relationship, which workers compensation already covers. Your additional claim runs against third parties.

I was employed through an agency. Who do I claim against?

Both questions matter: who owes you compensation, and who can be sued. Staffing arrangements sometimes make the host company a third party rather than an employer, which can open a claim that would otherwise be barred. It turns on the contracts and on how the work was actually controlled.

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Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980