Forklift Accidents

Forklift Accident Lawyer in Billings

Workers’ Compensation & Third-Party Claims for Injured Workers

Billings serves as a regional freight and distribution hub, and forklifts are a constant presence in its warehouses, distribution centers, and construction sites. When an accident happens, the injuries are often severe: crush injuries, tip-over trauma, burns, and back damage from impact. What makes these cases legally distinct from most workplace injuries is that a workers’ compensation claim and a separate civil claim against a third party can both be available at the same time. We have handled Montana workplace and equipment accident claims since 1980, and we review forklift accidents for the full range of recoverable claims.

If you or a family member was injured in a forklift accident in the Billings area, contact Edwards & Culver at (406) 747-4851 for a free consultation. We handle personal injury cases on a contingency basis, so there’s no attorney’s fee unless we recover for you.

Why Billings Workers Bring Forklift Claims to Us

Our attorneys share more than 145 years of combined experience in personal injury and workplace accident litigation. We’ve secured two of Montana’s four largest judgments and recovered more than $150 million for clients over the past decade. A. Clifford Edwards has been named Montana Trial Lawyer of the Year from 1996 to the present and has been listed in Best Lawyers in America since 1987. That record reflects decades of taking major corporations and insurers to trial when settlement doesn’t serve our clients.

For forklift accident claims, we represent injured workers in both workers’ compensation matters and third-party personal injury actions. When another company, a contractor, a property owner, or an equipment manufacturer shares liability for an accident, we pursue that claim alongside the workers’ compensation case. Our attorneys are also licensed in states adjacent to Montana, which matters when a claim involves an out-of-state manufacturer or company.

How Forklift Accidents Happen

Most forklift accidents trace back to a handful of recurring causes, and understanding them is central to identifying who bears responsibility for the resulting injuries.

Common causes include:

Operator error: Improper turning, excessive speed, or misjudged loads can send a forklift into a tip-over or into a pedestrian in a shared aisle
Inadequate training: Federal OSHA rules require formal instruction and a workplace performance evaluation before an operator works independently; gaps in that process put workers at risk
Equipment malfunction: Brake failure, steering problems, and lift-mechanism defects can make a forklift unpredictable regardless of operator skill
Struck-by accidents: Workers on foot in warehouse or job-site environments are vulnerable in forklift blind spots, particularly at intersections and loading docks
Load instability: Improperly secured or overloaded forks create tip-over risk and falling-load hazards for anyone nearby

Injuries range from crush and pinning injuries to fractures, back damage, and burns from contact with hot components or forklift fires. The severity of these injuries is why identifying every liable party matters.

Workers’ Compensation & Third-Party Liability in Montana

Montana operates a no-fault workers’ compensation system. An injured worker is generally entitled to benefits regardless of who caused the accident, and workers’ compensation is typically the exclusive remedy against the employer, meaning you can’t sue your employer in civil court for the same injury.

That exclusive-remedy protection doesn’t extend to every party who may have contributed to the accident. If a forklift manufacturer sold a machine with a defective braking system, if a maintenance contractor failed to service the equipment properly, or if another company operating on a shared site created the hazard, an injured worker may pursue a separate civil claim against that third party while still receiving workers’ compensation benefits. Under MCA 39-71-317, an employer may not use the filing of a workers’ compensation claim as grounds for terminating a worker.

We review forklift accidents to determine whether a claim against a contractor, property owner, or equipment manufacturer is available alongside the workers’ compensation case. Those two tracks can run simultaneously.

Speak with a Billings Forklift Accident Attorney

Firm deadlines apply on both the workers’ compensation and civil sides of a forklift accident claim, and acting quickly can help preserve your options. Edwards & Culver offers free initial consultations and handles personal injury cases on contingency, meaning you pay no attorney’s fee unless we recover damages for you.

Call (406) 747-4851 to discuss your forklift accident claim.

Deadlines & Legal Rules That Apply to Forklift Accident Claims

Missing a deadline can bar a claim entirely. Two separate timelines run after a Montana forklift accident, and both require attention from the start.

Reporting & Filing Deadlines

For workers’ compensation, an injured worker must generally report the injury to their employer within 30 days to preserve the claim. On the civil side, a third-party personal injury lawsuit is generally subject to a three-year statute of limitations under MCA 27-2-204(1). A civil claim in the Billings area would typically be filed in Montana’s Thirteenth Judicial District Court, which covers Yellowstone County.

One additional factor: when workers’ compensation benefits are paid, the insurer may seek reimbursement from any third-party recovery and may claim a credit against future benefits owed. Coordinating both claims from the beginning can help avoid surprises on that front.

Montana’s Comparative Negligence Rule

Montana follows a modified comparative negligence rule under MCA 27-1-702. An injured person can still recover in a civil action as long as their share of fault doesn’t exceed 50 percent. If it does, recovery is barred entirely. Below that threshold, the damages award is reduced by the injured person’s percentage of fault. This rule means a partially at-fault worker may still have a viable civil claim, and it makes the allocation of fault among the employer, a contractor, and an equipment manufacturer a central litigation question.

OSHA’s Powered Industrial Truck Standard

Montana’s private-sector employers fall under federal OSHA jurisdiction because Montana doesn’t operate its own state-plan OSHA program. The federal Powered Industrial Trucks standard at 29 CFR 1910.178 sets the baseline for forklift safety in Billings workplaces.

Under 29 CFR 1910.178(l), an employer must ensure each operator completes formal instruction, hands-on practical training, and a workplace performance evaluation before operating a forklift independently. Operators must be re-evaluated at least once every three years, and refresher training is required after any accident or near-miss, observed unsafe operation, or a change in truck type or workplace conditions.

When an employer skips required training or ignores these standards, that failure may support a finding of negligence in a third-party civil claim, particularly where maintenance records and operator logs become central evidence.

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