A Defective Forklift, a Split-Second Decision, and a Life-Altering Injury
Our client was a dedicated warehouse supervisor working for a large medical supply distribution company in Fort Lauderdale. As part of his daily responsibilities, he operated a stand-up forklift to unload pallets from delivery trucks and pull products from warehouse shelves for customer shipments.
On the day of the accident, he was unloading a delivery truck when the forklift failed him in the most dangerous way possible. As he approached a co-worker and attempted to slow down, the forklift would not respond. He turned to avoid a collision and lifted his foot from the dead-man’s pedal — the safety mechanism designed to automatically stop the machine the moment an operator’s foot leaves it. The forklift kept moving.
In a split-second decision to protect himself, he attempted to jump off. But as his foot hit the ground, the forklift ran over his left foot and trapped him beneath the wheel.
Crush Fractures, Compartment Syndrome, and the Very Real Threat of Amputation
The crush injury our client sustained was devastating. He suffered multiple fractures throughout his left foot and ankle — including fractures of the talus, navicular bone, intermediate cuneiform, and the base and shafts of three metatarsal bones — as well as fractures of both the left tibia and fibula.
The severity of his injuries led to compartment syndrome, a life-threatening condition in which dangerous pressure builds within the muscle tissue following severe trauma. Without immediate surgical intervention, compartment syndrome can cause permanent muscle and nerve death. Our client required emergency fasciotomy surgery to relieve the pressure and save his leg.
The injuries were so severe that a below the knee amputation was considered multiple times.
– James D. Payer
Fighting on Two Fronts: Workers' Comp and a Civil Case Against the Forklift Company
This was not a simple case. We were up against multiple defendants and their insurance carriers, and we knew from the start that winning would require a serious investment of both resources and strategy.
We pursued two separate legal actions on our client’s behalf. First, we filed a workers’ compensation claim against his employer to secure the wage replacement benefits and medical treatment he needed to focus on healing. Then, alongside co-counsel, we filed a products liability lawsuit in civil court against the company that supplied the forklift and the company responsible for its maintenance — both of whom negligently failed to ensure the equipment was safe for use.
This was a very complex case that required a substantial investment in costs as well as our time in order to get our client the result he deserved.
– James D. Payer
We used the workers’ compensation case strategically, conducting depositions of co-workers, managers, and supervisors to build the evidentiary foundation for the civil case. On the workers’ comp side, we aggressively litigated to establish that our client was permanently and totally disabled — meaning he would never again be able to hold a job requiring standing or walking. To support this, we brought in a Functional Capacity Examination, a medical doctor to develop a comprehensive Life Care Plan detailing his future medical needs and associated costs, and a vocational expert to speak to his inability to find suitable future employment. We left nothing on the table.
We were fighting against multiple defendants as well as each defendant’s insurance carrier
– James D. Payer
$1,879,000 Total Recovery for Our Client
Workers’ Compensation — Benefits | $375,000 |
Workers’ Compensation — Settlement | $504,000 |
Civil Case Against Forklift Company — Settlement | $1,000,000 |
Total Recovery | $1,879,000 |
Injured in a Forklift or Workplace Accident in Miami or South Florida? James D. Payer and His Team Are Ready to Fight for You.
A forklift accident can change your life in an instant — and the road to recovery is long, expensive, and overwhelming. You shouldn’t have to face it alone.
If you or someone you love has been injured in a forklift or workplace accident in Miami, Fort Lauderdale, or anywhere in South Florida, James D. Payer and his team at Payer Law Personal Injury Lawyers are ready to fight for you. With 30 years of experience standing up for injured workers and their families, Payer Law knows how to take on employers, equipment manufacturers, and their insurance companies — and win.
You focus on healing. We’ll handle the rest.
Call us today for a free consultation. We’re available 24/7. It Pays to Call Payer.
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Remember, It Pays to Call Payer! Call us now at 305-363-7099 to see if you can pursue compensation for you or your family. Consultations are free.
Remember, It Pays to Call Payer! Call us now at 305-363-7099 to see if you can pursue compensation for you or your family. Consultations are free.
