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South Carolina Forklift Accident Lawyer
Forklift operation is a routine part of life on South Carolina job sites, but when something goes wrong, they can cause very serious injuries. Before you know it, a forklift accident changes everything– your health, first and foremost, but also your ability to work and support your family.
South Carolina’s workers’ compensation insurance system is supposed to help. But many employers and insurance companies work harder to limit payouts than to support injured workers. That is where we can help.
At McGowan, Hood, Felder & Phillips, our forklift accident lawyers know how to take on the big players and win. We have built our reputation on fighting for the working people of this state, and we do not back down when someone’s future is on the line.
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How Common Are Forklift Accidents?
Forklift accidents are more frequent (and more severe) than most people think. These machines are involved in dozens of fatalities and thousands of serious injuries every year. Forklift-related injuries lead to more missed workdays and higher claim costs than almost any other workplace incident.
The average forklift-related workers’ compensation claim exceeds $90,000, with extended recovery times due to spinal trauma, fractures, crush injuries and other severe incidents. Forklifts are everywhere– in industries like construction, warehousing or manufacturing, operating under pressure in tight spaces, close to pedestrian workers and a huge number of potential hazards.
All that creates a high-stakes environment where one mistake or oversight can lead to lasting harm.
What to Do After a Forklift Accident in South Carolina
The first priority is medical care after a serious forklift injury. But once your immediate health is addressed, there are important steps you must take to protect your legal rights and your claim.
1. Seek Medical Attention Immediately
Early treatment creates a medical record that links your injury to the workplace accident, something insurance companies look at closely.
2. Report the Injury to Your Employer
You must report the accident within 90 days. If possible, make the report in writing and keep a copy.
3. Confirm That a Claim Has Been Filed
Your employer is required to notify the South Carolina Workers’ Compensation Commission. If they do not, you can submit Form 50 yourself to initiate the claim.
4. Speak With an Attorney
Unfortunately, benefits get delayed, denied, or underpaid, even in clear cut cases. And if a third party like a subcontractor or equipment manufacturer played a role in your accident, you may be able to file a personal injury claim in addition to a workers’ comp claim.
At McGowan Hood, we take over the legal process so you can focus on your recovery. We act quickly to preserve evidence and keep insurers honest.
Common Causes of Forklift Accidents on Construction Sites
Forklifts are essential tools on South Carolina construction sites, but they are also one of the most dangerous machines on the job. Most forklift accidents result from preventable failures, usually on the part of the employer.
Lack of proper training is a leading cause of forklift incidents. The Occupational Safety and Health Administration (OSHA) requires that all forklift operators be trained and certified, with both written instruction and hands-on evaluation. But workers still get assigned to operate forklifts without the necessary preparation on many job sites, and this kind of shortcut puts everyone at risk.
Obstructed visibility is another frequent issue. Forklifts sometimes carry oversized or unstable loads, which limit the driver’s line of sight. Without safety features like spotters and mirrors or marked pedestrian walkways, it is easy for someone on foot to get struck or pinned, especially in tight and noisy work zones.
Mechanical failure is also a major contributor to injuries. Forklifts must be inspected daily and removed from service if a defect is found. But in many cases, issues like worn brakes or faulty hydraulics get ignored. When maintenance is handled by a third party and results in an accident, it may open the door to a separate claim for negligence.
Overloading and tip-overs also account for some of the most serious injuries and deaths. Forklifts are top-heavy and unstable when operated on uneven surfaces or with raised loads. Employers are responsible for setting weight limits and keeping the work area safe. When they do not, workers are the ones who pay the price.
At McGowan Hood, we know how to identify the real cause of a forklift accident, and we do not let employers hide behind paperwork or excuses. We dig deep and build the kind of case that gets results.
What Types of Compensation May Be Available After a Forklift Injury?
A forklift injury can leave you out of work, facing significant medical expenses and an uncertain future. Workers’ compensation in South Carolina covers necessary treatment and a portion of your lost wages. Most injured workers receive two-thirds of their average weekly income, along with coverage for surgery, rehab, and prescriptions. Permanent injuries may qualify for additional compensation. In fatal cases, family members may receive death benefits.
However, workers’ comp does not cover everything. You cannot recover compensation for pain and suffering, and full wage replacement is not automatically included in the package. That is why we also look at third-party liability. If someone outside your company was responsible, you may be entitled to file a personal injury claim and pursue broader damages. Our firm investigates every case thoroughly, and when a third-party claim is possible, we go after it aggressively.
How Long Do You Have to File a Claim After a Forklift Accident in South Carolina?
South Carolina law gives you 90 days to report a workplace injury to your employer. From there, you or your employer must file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission within two years of the accident. Missing either deadline can cost you your benefits.
If a third party was involved, the same two-year time limit applies. But the sooner you act, the better your chances. Evidence disappears quickly, and employers and insurers do not wait to protect themselves. At McGowan Hood, we step in immediately to meet every deadline and position your case for success.
How Can Our South Carolina Attorneys Help You With Your Forklift Accident Case?
After a forklift injury, you get stuck dealing with medical appointments, lost income, pressure from your employer or insurers, and the legal process might seem like just one more thing working against you. That is where McGowan, Hood, Felder & Phillips steps in.
We build strong cases that hold South Carolina employers and third parties accountable. With decades of experience representing injured workers in South Carolina, we know how to push back against powerful insurance companies and fight for the full compensation you deserve.
How we can help:
- Handle your workers’ compensation claim from start to finish, including filings, deadlines, and appeals
- Investigate the root cause of your accident, like potential OSHA violations or third-party negligence
- Challenge denied or reduced benefits, fighting for full medical coverage and wage replacement
- Evaluate and pursue third-party personal injury claims when someone outside your employer contributed to your injury
- Coordinate medical care and expert evaluations to support your long-term recovery and document future needs
- Negotiate or litigate as needed, always with an eye on maximum recovery, not quick settlements
We are not here to get you in and out the door. We are here to win. And when you hire McGowan Hood, you get a team that takes your case, and your future, personally.
Get the Compensation You Deserve With Help From Our South Carolina Forklift Accident Lawyers
A forklift injury leaves you out of work and in pain, unsure of where to turn for help. You may be entitled to compensation, but employers and insurance companies do not make it easy. At McGowan, Hood, Felder & Phillips, we fight to make sure injured workers get what they are owed.
We know how to take on big companies and win. Our experienced team of construction accident lawyers will move quickly to protect your rights and build a strong case to demand full compensation for your losses.
Contact us today for a free consultation. We are ready to give you the support you need.