Forklift Accidents

Forklift Accident Lawyer in Hialeah

Representing Injured Workers in Hialeah & Miami-Dade County Since 1994

Forklift accidents cause some of the most severe workplace injuries: crush injuries, fractures, amputations, and traumatic brain injuries. If you or a family member was hurt in a forklift accident in Hialeah, Morales & Cerino, P.A. can help you understand your legal options and pursue the compensation you may be entitled to. Our partners, Ivan P. Morales and Frank A. Cerino, personally handle each client’s case from the first call through resolution.

Workers injured by forklifts often have more than one legal avenue available. A Florida workers’ compensation claim is typically the first step, but when a third party such as a manufacturer, contractor, or staffing agency contributed to the accident, a separate civil lawsuit may also be possible. We evaluate both paths at no cost to you.

If you were hurt in a forklift accident in Hialeah, call us today at (305) 340-2630 for a free consultation. We represent clients in English and Spanish, and you pay nothing unless we recover compensation for you.

Why Hialeah Workers Choose Morales & Cerino, P.A.

Our attorneys bring over a century of combined legal experience to every case. Our support staff average 19 years with the firm, so the person handling your file today will still be there when your case closes. You won’t be handed off to a junior associate or a case manager you’ve never spoken with.

We’re a member of the Florida Bar, Florida Workers Advocates, the Better Business Bureau, and the Multi-Million Dollar Advocates Forum. We have recovered millions of dollars for injured clients, with individual results including settlements of $600,000, $650,000, $779,000, and $800,000. Past results don’t guarantee future outcomes, but they reflect how seriously we approach every claim.

Common Forklift Accidents in Hialeah Workplaces

Hialeah’s transportation and warehousing sector is one of the largest in the region, placing many local workers in close daily contact with powered industrial equipment. The following incident types account for a significant share of the forklift injury claims we handle:

Rollovers: A forklift tips when a turn is taken too quickly, a load is unbalanced, or the surface is uneven. The operator may be thrown or pinned beneath the machine.
Falling loads: Materials stacked too high, improperly secured, or lifted at unsafe angles can fall onto bystander workers with no warning.
Pedestrian collisions: Moving forklifts strike workers in warehouse aisles, particularly in facilities without clearly marked pedestrian zones.
Crush injuries: A worker pinned between a forklift and a wall, rack, shelf, or loading dock may sustain catastrophic injuries.
Mechanical failure: Worn brakes, hydraulic failures, or defective safety features can cause a forklift to behave unpredictably.
Inadequate training: OSHA requires formal forklift certification for all operators, but not every employer complies.

Compensation Available After a Hialeah Forklift Accident

Florida’s workers’ compensation system is no-fault, meaning benefits may be available even if your own actions contributed to the accident.

Workers’ Compensation Benefits

Workers’ compensation can cover medical treatment, temporary total disability wage replacement while you’re unable to work, permanent partial or total disability benefits, and prosthetics when a limb is lost. When a forklift accident results in a fatality, surviving family members may be eligible for death benefits under Florida workers’ compensation, generally capped at $150,000 under Florida law.

Third-Party Civil Claims

When a third party bears responsibility for the accident, a civil lawsuit may allow recovery of damages that workers’ compensation doesn’t cover: the full value of lost wages, future earning capacity, pain and suffering, and emotional distress. A wrongful death claim against a responsible third party may allow recovery beyond the workers’ compensation cap.

Talk to a Forklift Accident Attorney Today

You shouldn’t have to navigate a workers’ compensation claim or a third-party lawsuit on your own while you’re recovering. Morales & Cerino, P.A. offers free consultations for forklift accident victims throughout Hialeah, Miami-Dade County, and South Florida. There are no fees unless we recover compensation for you, and our bilingual team is ready to assist you in English or Spanish.

Call Morales & Cerino, P.A. at (305) 340-2630 to speak with a partner about your forklift accident claim.

Who May Be Liable for a Forklift Accident

Employer negligence is the most obvious place to look after a forklift injury, but it’s rarely the only source of liability. Florida workers’ compensation law generally prevents an injured worker from suing their employer directly, but it doesn’t bar claims against other parties who contributed to the accident.

Depending on the circumstances, any of the following may share responsibility:

Forklift manufacturers: A product liability claim may be viable when defective brakes, hydraulic systems, or missing safety features caused or worsened the accident.
Staffing agencies: An agency that placed an unqualified or improperly trained worker in a forklift position may share liability for resulting injuries.
Third-party contractors & vendors: A contractor or vendor operating a forklift on the work site may be liable even when the injured worker’s direct employer is not.
Warehouse property owners: Poor lighting, unmarked pedestrian zones, or hazardous floor surfaces can create conditions for accidents that the property owner had a duty to correct.
Maintenance companies: A company contracted to inspect or repair forklifts may face liability if known defects went unaddressed.

OSHA’s powered industrial truck standards under 29 CFR 1910.178 set federal requirements for forklift operation, training, and maintenance. Evidence of violations can be relevant to establishing negligence in a civil claim.

Florida Deadlines After a Forklift Accident in Hialeah

Timing matters. Florida Statute 440.185 requires an injured worker to report the injury to their employer within 30 days of the accident. Missing that deadline can jeopardize workers’ compensation benefits. Under Florida Statute 440.19, a worker generally has two years from the date they knew or should have known the injury arose out of their work to file a petition for benefits. The statute of limitations for a third-party personal injury lawsuit is also generally two years from the date of the accident.

Physical evidence in forklift cases doesn’t wait. Surveillance footage may be overwritten within days. Damaged equipment may be repaired or replaced before it can be inspected. Witness accounts become less reliable over time. Contacting a forklift accident lawyer in Hialeah soon after the incident can improve your ability to preserve the evidence that matters.

After a forklift injury, seek medical attention immediately. If emergency care isn’t required, Florida workers’ compensation rules generally require you to see a physician authorized by your employer or their insurer. Documenting your injuries from the start can help protect both your health and your legal claim.

What Sets Us Apart

SE HABLA ESPAÑOL
YOU'LL GET PERSONALIZED ATTENTION
MILLIONS OF DOLLARS WON FOR OUR CLIENTS
NO FEES UNLESS WE WIN
OVER A CENTURY OF COMBINED EXPERIENCE

Our Firm's Wins
View Our Results
What Our Clients Say
Read Our Reviews
Stay in the Know
Read Our Blog

REQUEST YOUR FREE CASE EVALUATION

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Morales & Cerino, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy