Forklift Accident Lawyer in Traverse City

Workers’ Compensation & Third-Party Claims for Northern Michigan Injuries

A forklift accident can leave you with crush injuries, broken bones, or worse, and the legal path forward isn’t always obvious. At Miller Embury PLLC, we handle both Michigan workers’ compensation claims and third-party negligence cases, which means we can evaluate your situation from every angle rather than steering you toward a single remedy. Our team brings more than 45 combined years of personal injury experience to clients throughout Northern and Western Michigan from our offices in Traverse City and Ludington.

Forklifts and other powered industrial trucks are standard equipment at warehouses, distribution centers, and manufacturing facilities across the Grand Traverse County area. When something goes wrong, the consequences can be severe, and the legal picture involves more than one possible claim.

If you or a family member was injured in a forklift accident, call Miller Embury PLLC at (888) 224-1239 for a free consultation. There’s no fee unless we recover compensation for you.

Two Legal Paths After a Workplace Forklift Accident

Michigan law creates two separate tracks for injured workers, and understanding both matters for your recovery. Under MCL 418.131, workers’ compensation is generally the exclusive remedy against your employer for a workplace injury. It covers medical bills, a portion of lost wages, and vocational rehabilitation, but it doesn’t compensate for pain and suffering.

That’s where a third-party claim becomes critical. MCL 418.827 preserves your right to pursue a separate negligence claim against any party who contributed to the accident but isn’t your employer or a co-employee. In a successful third-party case, you may be able to recover pain and suffering damages and other losses that workers’ compensation doesn’t cover. These two claims can run concurrently, and coordinating them properly can affect the total recovery available to you.

Common Causes of Forklift Accidents & Who May Be Liable

Most forklift accidents trace back to one of a handful of causes, and each one may point to a different responsible party:

• Operator error and inadequate training: OSHA requires forklift operators to be trained, certified, and periodically evaluated. When employers skip that step and place a worker on a powered industrial truck without proper preparation, accidents can follow.
• Mechanical failure or neglected maintenance: A forklift with faulty brakes, a malfunctioning mast, or worn tires is a foreseeable hazard. Maintenance contractors who fail to inspect or repair equipment correctly may bear liability for resulting injuries.
• Design or manufacturing defects: Under Michigan’s Product Liability Act, MCL 600.2945 et seq., a defect in the forklift itself, whether in its design, its construction, or its warning labels, can support a product liability claim against the manufacturer.
• Unsafe workplace conditions: Inadequate aisle width, poor lighting, unmarked pedestrian zones, and cluttered floors all contribute to forklift accidents. A property owner or general contractor whose premises created those conditions may be liable under premises liability principles.

Compensation Available & Filing Deadlines

The compensation you can pursue depends on which claims apply. The two tracks differ in both what they cover and how long you have to act.

Workers’ Compensation Benefits

Workers’ compensation covers medical expenses, a portion of lost wages, and vocational rehabilitation. To protect those benefits, you generally must give notice of the injury within 90 days and file a claim within two years of the date of injury.

Third-Party Claims & Deadlines

A third-party personal injury or product liability claim is subject to a three-year statute of limitations under MCL 600.5805, running from the date of injury. Wrongful death claims follow the same three-year period from the date of death. Missing either deadline can permanently close the door on recovery, regardless of how clear the liability is. Acting promptly protects your options.

Forklift Injuries in Traverse City and Grand Traverse County

Warehouse, distribution, and manufacturing employers throughout the Grand Traverse County area rely on forklifts as a routine part of daily operations. When an injury occurs at one of those workplaces, any civil lawsuit seeking damages above $25,000 would be filed in the 13th Circuit Court, which sits in Traverse City and covers Grand Traverse, Antrim, and Leelanau counties. We serve clients across this region from our Traverse City office, and our familiarity with the local legal landscape informs how we build and present these cases.

Why Clients Across Northern Michigan Work with Miller Embury PLLC

Our attorneys are personally involved in each case we take. You work directly with the lawyer handling your claim, not a rotating staff of assistants. Our team has secured millions of dollars in settlements and verdicts for personal injury clients throughout Northern and Western Michigan, and we don’t treat a low settlement offer as a finish line.

When the facts support going to court, we go to court. That willingness shapes how we negotiate and how opposing parties respond. For a forklift accident claim that may involve a workers’ compensation insurer, an equipment manufacturer, a maintenance contractor, or a property owner, having a firm prepared to litigate every track of the case can affect what may be achievable.

Get a Free Consultation on Your Forklift Accident Claim

A free consultation can give you a clear picture of both the workers’ compensation benefits available to you and any third-party negligence claim worth pursuing. We work on a contingency fee basis, so there are no legal fees unless we recover compensation for you.

Call Miller Embury PLLC at (888) 224-1239 to speak with our Traverse City forklift accident attorneys today.