If you were injured in a Kentucky loading dock accident, you may be entitled to financial benefits through a workers’ compensation claim or a third-party personal injury lawsuit – and, in some cases, both.
Our experienced loading dock injury lawyers have the Kentucky Courage needed to help injured workers seek the maximum benefits for their injuries and other losses. Contact Morgan, Collins, Yeast & Salyer for a free consultation with a workplace accident lawyer who understands the complexities of loading dock accident cases.
What Is Considered a Loading Dock Accident?
Loading docks are among the most hazardous areas in warehouses. Commercial trucks come and go, workers use heavy machinery like forklifts to move cargo, and improperly loaded cargo is an ever-present risk.
A loading dock accident is any injury that occurs in or around a warehouse’s dock area. These accidents frequently involve loading dock workers but can also involve truck drivers and other warehouse workers who happen to be nearby.
Loading docks can be some of the busiest parts of a warehouse, with dock workers rushing to load and unload vehicles as quickly as possible. Unfortunately, this fast-paced environment and heavy cargo and machinery can lead to sudden and severe accidents due to human error, equipment failure, and unsafe working conditions.
Dock Hazards and Types of Loading Dock Accidents
Various hazards are present on loading docks that can lead to serious injuries. Some of the most common causes of loading dock accidents include:
- Forklift accidents – When operated negligently or by someone without the proper training, forklifts pose significant risks to the operator and other nearby workers. Misuse of a forklift or defective equipment can also cause accidents.
- Struck-by incidents – With commercial trucks and other vehicles constantly coming and going from the loading dock area, struck-by incidents are a significant risk, particularly if employers fail to provide or don’t enforce wearing personal protective equipment (PPE) like high-visibility vests.
- Caught-in/between incidents – Workers can not only be struck by vehicles but also pinned between vehicles and stationary objects, like the loading dock itself.
- Falling loads – An improperly secured load of cargo can fall on unsuspecting dock workers, causing crushing injuries and head and spine trauma.
- Equipment failures – The machinery used by loading dock workers can fail if not properly maintained, leading to dangerous hydraulic leaks and other malfunctions.
- Slips, trips, and falls – Slippery or uneven dock surfaces can cause workers to slip, trip, and fall, causing fractures, head injuries, and spinal injuries.
What Injuries Can Result from a Dock Accident?
Loading dock accidents can lead to a wide range of injuries, some of which require extensive medical treatment and rehabilitation, leaving victims unable to work for significant periods. Some accidents prove fatal.
Some examples of the most common and severe injuries suffered by loading dock workers are:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken or fractured bones
- Lacerations and amputations
- Crushing injuries
- Repetitive stress injuries
- Strain injuries due to heavy lifting
Severe injuries can have long-term effects on your ability to work, such as by leaving you with permanent disabilities. For that reason, it’s crucial that you engage our experienced work injury attorneys, who can help you through the legal process to seek the compensation you need now and will need in the future.
Who Is Responsible for Loading Dock Safety?
Multiple parties could be responsible depending on how your work accident occurred, affecting how you can recover compensation. The two main ways to seek compensation after a work injury are through a workers’ compensation claim or a third-party personal injury lawsuit.
Workers’ Compensation Claims
Workers’ compensation covers most employees in Kentucky. The no-fault insurance system allows injured employees to recover medical expenses and wage loss benefits after an on-the-job injury in exchange for not being able to sue the employer.
Employers are responsible for ensuring loading docks are free from unnecessary hazards and employees follow safety rules, including wearing PPE. You likely have a workers’ comp claim if your injury was due to a property hazard or another employee. You could still be entitled to benefits even if you did something careless to cause the accident.
Third-Party Personal Injury Lawsuits
If your injury was caused by someone or something your employer doesn’t have control over, or if you are an independent contractor instead of an employee, you may be able to file a third-party personal injury lawsuit. For example, if you were struck by a truck in a loading area, the driver may be liable for your injuries. Or if you were injured by defective machinery, the manufacturer may be liable.
Unlike no-fault benefits from workers’ compensation, third-party personal injury claims require proof that someone else did something negligently to cause your injuries.
In some cases, your injuries could result in both a workers’ compensation claim and a personal injury lawsuit. It’s essential that you work with our skilled injury lawyers, who can identify all liable parties and help you seek the maximum compensation you deserve from every available source.
What Damages Am I Eligible for in a Loading Dock Accident?
Depending on the extent of your injuries and whether you are filing a workers’ compensation claim or third-party personal injury lawsuit, you may be entitled to receive the following types of compensation:
- Medical bills – This compensation covers your hospital stays, surgeries, medications, rehabilitation, and other expenses related to treating your injuries.
- Temporary total disability benefits – If you cannot work during your recovery, you may be eligible to receive up to two-thirds of your average weekly wage through a workers’ compensation claim.
- Permanent partial disability benefits – If you have reached maximum medical improvement and still suffer from an impairment, you may be eligible to receive compensation based on your impairment rating through a workers’ compensation claim.
- Permanent total disability benefits – If you cannot return to work in any capacity, you may be eligible to receive long-term benefits through a workers’ compensation claim.
- Lost wages – If your injury prevents you from working, you could obtain the full value of your lost wages through a third-party personal injury claim.
- Pain and suffering – While compensation for pain and suffering is not available through workers’ compensation, you may be eligible to recover it through a third-party personal injury lawsuit.
How Our Kentucky Loading Dock Accident Attorneys Can Help You
At Morgan, Collins, Yeast & Salyer, our Kentucky loading dock accident lawyers handle injury claims from all angles. Whether you have a workers’ compensation claim, a third-party injury lawsuit, or both, our team can help you seek maximum compensation.
The attorneys you see in our commercials are the same attorneys you will work with on your case. We’re real lawyers who advertise, not advertisers who happen to have law degrees.
Contact our firm now for a free consultation with an experienced loading dock accident lawyer.
