Offices Located In

Lubbock, Texas
1115 Broadway
Phone: 806-763-9377

Odessa, Texas
406 N. Grant St.
Phone: 432-362-0399

Albuquerque, New Mexico
1020 Lomas Blvd., NW
Phone: 505-243-3588

Las Cruces, New Mexico
1591 E. Lohman
Phone: 575-526-5545

Hobbs, New Mexico
1515 W. Calle Sur St., Suite 101
Phone: 575-397-0007

All offices operate between 8:30 am and 5:30 pm.

Our New Mexico offices are in MST and our Texas offices are in CST.
Fadduol, Cluff & Hardy : Forklift Injury

Forklift Injury

Each year, tens of thousands of injuries related to powered industrial trucks (PIT), or forklifts, occur in US workplaces. Many employees are injured when lift trucks are inadvertently driven off loading docks, lifts fall between docks and an unsecured trailer, they are struck by a lift truck, or when they fall while on elevated pallets and tines. Most incidents also involve property damage, including damage to overhead sprinklers, racking, pipes, walls, and machinery. Unfortunately, most employee injuries and property damage can be attributed to lack of safe operating procedures, lack of safety-rule enforcement, and insufficient or inadequate training. For examples of safety rules, please see the Occupational Safety and Health Administration's web site at www.osha.gov

National fatality data indicates that the three most common forklift-related fatalities involve forklift overturns, workers on foot being struck by forklifts, and workers falling from forklifts. The case studies indicate that the forklift, the factory environment, and actions of the operator can all contribute to fatal incidents involving forklifts. In addition, these fatalities indicate that many workers and employers are not using or may be unaware of safety procedures and the proper use of forklifts to reduce the risk of injury and death. www.cdc.gov

Each year in the United States, nearly 100 workers are killed and another 20,000 are seriously injured in forklift-related incidents according to the Bureau of Labor Statistics, 1998.

"[A]s many as 25 percent of fork-lift accidents are caused not by the driver but by controllable environmental factors. These hazards can be eliminated and safe operating environment designed only when we understand the real cause of forklift incidents." "Forklift Safety by Design" by Barrett C. Miller available at http://www.safety-engineer.com/forklift.shtml

A hard-working man's life was devastated when a forklift being driven by a co-worker collided with him and the pallet jack he was operating, resulting in a broken leg and permanent nerve damage. Crowded dock conditions, a lack of traffic controls, and a work culture that prioritized production above safety led to this tragedy. The forklift driver who caused this collision testified he thought he had the right-of-way when in fact he did not. This lack of understanding was simply the result of a company that valued getting the job done quickly over worker safety.

The same day our firm was hired, we took the steps necessary to secure the surveillance video of the warehouse where our client was injured. This video showed the area where the collision took place, but mysteriously "skipped" during the collision. After traveling across the state to take depositions of people the company claimed could explain the "skipping" no credible explanation could be given and we were able to present a claim to the arbitrator that the company had destroyed evidence.

While taking the deposition of the forklift driver who injured our client, our lawyers demanded to see the dock area where the collision happened. Even after taking the time to prepare for the inspection and knowing that we would be there, the company had a forklift driver exit a trailer at high speeds without stopping, clearly in compliance with the custom and culture of the workplace of getting the job done and putting production over safety; this lead to important evidence being obtained from the forklift driver during the remainder of his deposition.

As a result of our hard work, we were able to obtain an arbitration award for our clients of $951,725.06 which netted our clients $507,506.41