Forklifts are essential in many industries across Vermont, especially in construction, warehousing, agriculture, and manufacturing. But while they improve efficiency, they also carry significant risk. Forklift accidents can lead to serious injuries—or worse—leaving workers sidelined and unsure of their next steps. Fortunately, workers’ comp benefits are designed to support injured employees, regardless of fault.
This guide will walk you through what to know about filing a workers’ compensation claim after a forklift accident in Vermont, including common causes, your rights, and how a workers’ comp attorney can help.
What Causes Forklift Accidents in Vermont Workplaces?
According to OSHA, forklifts are responsible for thousands of injuries and dozens of deaths in the U.S. each year. Vermont workplaces are not immune. Some of the most common causes of forklift-related work injuries include:
- Operator error or lack of training
- Defective or poorly maintained equipment
- Overloaded forklifts tipping over
- Forklift-pedestrian collisions
- Unsafe ramps or uneven surfaces
- Speeding or sharp turns
- Poor visibility in loading zones
Many of these accidents are preventable. Employers have a responsibility to ensure safe conditions, proper training, and functioning equipment. But even when precautions are taken, accidents can still happen—and Vermont’s workers’ compensation system is in place to provide support.
Injuries Commonly Seen After a Forklift Accident
A forklift accident can result in anything from minor bruises to life-altering trauma. Common injuries include:
- Broken bones and crush injuries
- Spinal cord damage or herniated discs
- Head injuries and concussions
- Internal bleeding
- Amputations
- Burns or lacerations from fuel-powered forklifts
Even non-life-threatening injuries can keep a worker off the job for weeks or months. That’s why filing a workers’ comp claim promptly and thoroughly is so important.
How Workers’ Compensation Works in Vermont
In Vermont, nearly all employers are required to carry workers’ compensation insurance. If you are hurt in a work injury, including a forklift-related accident, you are entitled to benefits such as:
- Medical care – including surgery, physical therapy, and prescriptions
- Wage replacement – typically two-thirds of your average weekly wage
- Temporary or permanent disability benefits
- Vocational rehabilitation if you can’t return to the same job
- Death benefits for dependents if a worker is killed on the job
The system is no-fault, meaning you don’t need to prove your employer did anything wrong to receive benefits. However, that doesn’t mean the process is always simple.
Filing a Workers’ Comp Claim After a Forklift Injury
To protect your right to compensation after a forklift accident, follow these steps:
- Report the injury immediately – Notify your employer as soon as possible. Waiting too long can jeopardize your claim.
- Get medical attention – Use an approved provider if your employer has one, and document all treatments.
- File a claim – Your employer should file a First Report of Injury with the Vermont Department of Labor.
- Keep records – Save medical bills, correspondence, and anything related to time off work.
If your claim is denied or delayed—or if your benefits are cut off early—it may be time to consult a workers’ comp lawyer.
Can You Sue for a Forklift Injury at Work?
In most cases, workers’ compensation is your only remedy against your employer in Vermont. That means you cannot sue your employer directly, even if they were negligent. However, there are exceptions:
- If your injury was caused by a third party (like a contractor, equipment manufacturer, or vendor), you may be able to file a separate personal injury lawsuit.
- If your employer intentionally caused the injury (a high legal standard), you may be able to pursue a civil claim.
An experienced workers’ compensation attorney can help you determine whether you have grounds for a third-party lawsuit in addition to a comp claim.
What Happens If Your Forklift Injury Leaves You Permanently Disabled?
Vermont’s workers’ compensation system provides additional benefits for workers who suffer permanent impairments. These include:
- Permanent Partial Disability (PPD) – Compensation based on your injury’s severity
- Permanent Total Disability (PTD) – Long-term payments if you can no longer work at all
- Vocational rehabilitation – Services to help you train for new work if possible
Each category of benefit has its own rules and formulas. Insurance companies may push back, especially when the long-term costs are high. A skilled workers’ comp attorney can help ensure you receive the full benefits you’re entitled to under Vermont law.
Why You May Need a Workers’ Comp Lawyer After a Forklift Accident
While Vermont law is designed to protect injured workers, insurance carriers and employers don’t always make the process easy. You should consider speaking with a workers’ comp lawyer if:
- Your claim is denied or benefits are delayed
- You’re being pressured to return to work before you're ready
- You're told the injury is not work-related
- You’re confused by medical evaluations or settlement offers
- A third party may be liable
A qualified workers’ compensation lawyer can handle the paperwork, negotiate with insurers, represent you in hearings, and help you explore all legal avenues for recovery.
How Long Do You Have to File a Workers’ Comp Claim in Vermont?
Under Vermont law, workers must notify their employer of an injury as soon as possible and typically no later than six months after the incident. To file a formal workers’ compensation claim, the statute of limitations is three years from the date of injury or the date you knew (or should have known) your injury was work-related.
However, the earlier you file, the better. Delays can create complications—especially when memory, witnesses, or records begin to fade.
Call Brandon J. Broderick For Legal Help
If you’ve been injured in a forklift accident in Vermont, don’t try to navigate the workers’ compensation process on your own. Medical costs, lost income, and uncertainty about your future can quickly become overwhelming. At Brandon J. Broderick, Attorney at Law, we fight for injured workers—making sure they get every dollar they’re owed under the law.
Whether your claim is just beginning or you’ve run into resistance from an insurance company, we can help. We handle everything from initial claims to appeals and third-party lawsuits where applicable.
Contact us today for a free consultation and get clear, compassionate legal guidance on your next steps.