If you work in a warehouse, part of your job may be to operate a forklift. Doing so has its share of risks, but the proper training and constant attention to safely operating this machine can lessen your risk of an accident that hurts you or someone around you. Unfortunately, there can sometimes be situations that are beyond your control, and you could end up having a forklift accident. One of the worst kinds of accidents involving this vehicle is when it tips over, as the impact can be considerable and you could even get partially trapped under part of the machine. In order to have a successful workers' compensation claim, you'll need to prove that you were wearing your seat restraint. Here's how you can accomplish this goal.
Bruising In The Appropriate Area
Companies often look for ways to avoid paying workers' compensation claims. Your employer might try to argue that you weren't wearing your seat restraint at the time of the forklift accident and that this means you weren't being safe — and thus shouldn't be paid. One way to prove that you indeed had the restraint on is to provide photos of your bruised body. A lap restraint may dig into your hips during the accident, resulting in bruising. Photos of your bruises may reveal an outline of the restraint, which will help your case.
Remaining Inside The Forklift
In the even of the forklift tipping over, you'd likely be thrown outside of it if you weren't wearing your safety restraint. With the restraint properly fastened, you'd be inside of the forklift when your colleagues rushed to the scene to assist you. They can be valuable witnesses in your workers' compensation case by attesting as to the position in which they found you. It's unlikely that you would fall out of a tipped-over forklift and crawl back into the seat and secure the seat restraint before people could arrive.
Lack Of Other Injuries
Wearing a seat restraint will dramatically reduce your risk of injuries in the event of a forklift tipping over. This doesn't mean, however, that you won't be hurt and need time away from work. A medical professional can assess your injuries to note how they likely occurred. A contusion on your shoulder or the side of your head, for example, can suggest that you fell out of the forklift. An absence of such injuries indicates that you were safely strapped in.
For more information about workers' compensation cases, contact a law firm like Bishop Dorfman Kroupa & Bishop PC.
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