5 Steps to Filing a Forklift Accident Claim in Indiana

Toy forklift hold letter block M to complete word claim on wood background

Forklifts are widely used in warehouses, construction sites, and manufacturing plants across Indiana. While they help workers move heavy materials efficiently, forklift accidents can lead to severe injuries. Workers injured in these accidents may be eligible for workers’ compensation benefits, which cover medical expenses and lost wages.

Filing a claim should be straightforward, but many injured workers face challenges from employers and insurance companies. Delays, denials, and disputes over benefits can make getting the compensation you deserve difficult. Knowing the five steps to filing a forklift accident in Indiana can help protect your rights and ensure you receive the necessary benefits and financial support.

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Step 1: Report the Accident to Your Employer

Indiana law requires workers to report workplace injuries within 30 days to qualify for workers’ compensation benefits (Indiana Code § 22-3-3-1). Failing to report the accident on time can result in claim delays or denials, making it harder to get medical care and wage replacement benefits.

How to Report a Forklift Accident in Indiana

When notifying your employer, include key details such as:

Date and time of the accident – Establishes an official record.
Location where it happened – Specifies the work area or equipment involved.
How the accident occurred – Describes the events leading to the injury.
Injuries sustained – Even minor injuries should be reported.
Witness names – Helps confirm the incident.

Your employer is legally required to file a First Report of Injury (FROI) with their workers’ compensation insurer. If they fail to do so, you should document your injury in writing and keep a copy for your records.

What If Your Employer Refuses to Report the Injury?

Some employers delay or discourage reporting workplace injuries to avoid increased insurance costs. If your employer refuses to file a report, take the following steps:

Submit a written report to your supervisor or HR department via email or certified mail.
Notify the Indiana Workers’ Compensation Board to document your claim.
Consult an attorney if your employer denies or ignores your injury report.

Employer Retaliation: Can You Be Fired for Reporting an Injury?

It is illegal for an employer to retaliate against an employee for reporting a workplace injury (Indiana Code § 22-3-2-15). Retaliation can include:

Termination, demotion, or reduction in work hours.
Threats of disciplinary action for filing a claim.
Creating a hostile work environment to force an employee to quit.

If you experience retaliation, document every interaction with your employer and seek legal help. Employees who are wrongfully terminated may be entitled to reinstatement and back pay.

Best Practices for Reporting Your Forklift Injury

To protect your workers’ compensation claim:

Report your injury immediately in writing.
Request a copy of the incident report.
Keep track of symptoms that develop later.
Do not sign documents you don’t understand.

Once your injury is reported, your employer must provide medical care through an approved provider. The next step explains your rights when seeking medical treatment under Indiana workers’ compensation laws.

Step 2: Seek Medical Treatment from an Approved Provider

After reporting the accident, the next step is to seek medical treatment. Under Indiana Code § 22-3-3-4, employers can choose the doctor who treats injured workers. If you visit a provider outside the approved network without authorization, the workers’ compensation insurance company may refuse to pay for your treatment.

What Medical Treatment Does Workers’ Compensation Cover?

Workers’ compensation benefits cover reasonable and necessary medical expenses related to your injury, including:

Emergency room visits
Hospital stays
Doctor appointments
Physical therapy
Prescription medications
Surgeries and rehabilitation
Medical equipment such as braces or mobility aids
Vocational rehabilitation

The treating doctor will determine the course of treatment, which may include work restrictions or light-duty assignments. It is important to follow all medical advice and attend all scheduled appointments, as failing to do so could result in reduced or denied benefits.

What If You Disagree with the Employer’s Doctor?

Injured workers often feel the company-approved doctor is downplaying their injury or rushing them back to work too soon. If you believe the treatment is inadequate, you have options:

Request a different provider – Your employer or insurer may approve a doctor change upon request.
Seek an Independent Medical Examination (IME) – If your injury is minimized, request an IME through the Indiana Workers’ Compensation Board for a second opinion (Indiana Code § 22-3-3-6).
Document your symptoms and treatment issues – Keep records of worsening pain or ineffective treatments to support your request for alternative care.

What If Medical Treatment Is Denied?

Insurance companies sometimes deny necessary treatments by claiming they are unnecessary or unrelated to the workplace injury. If this happens:

Request a written explanation of the denial.
Gather additional medical evidence, such as test results or specialist evaluations.
File a dispute with the Indiana Workers’ Compensation Board to challenge the denial.

Seeking medical treatment from an approved provider is key to protecting your right to benefits. The next step covers properly filing your workers’ compensation claim to avoid delays and denials.

Step 3: File the Workers’ Compensation Claim

After reporting the injury and receiving medical treatment, the next step is to file a workers’ compensation claim. In Indiana, employers are responsible for submitting the claim to their insurance provider once they receive an injury report. However, injured workers should follow up to confirm the claim has been submitted correctly.

What Does a Workers’ Compensation Claim Cover?

If the claim is approved, workers’ compensation covers:

Medical expenses related to the injury.
Temporary Total Disability (TTD) benefits if you cannot work for more than seven days.
Temporary Partial Disability (TPD) benefits if you return to work with reduced earnings.
Permanent Partial Impairment (PPI) benefits if you suffer a long-term injury.

What If Your Forklift Accident Claim Is Denied?

Common reasons for denial include:

The employer disputes that the injury happened at work.
The insurance company claims the injury is pre-existing.
The worker missed deadlines for reporting the injury.
The insurer argues that medical treatment is unnecessary.

If your claim is denied, you can appeal through the Indiana Workers’ Compensation Board (Indiana Code § 22-3-4-13). Keeping detailed records of medical visits, communications with your employer, and claim paperwork can help strengthen your case.

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Step 4: Request an Independent Medical Examination (IME)

If there is a dispute about the severity of your injury or your ability to return to work, you may need to request an Independent Medical Examination (IME).

Unlike the initial evaluation by your employer’s chosen doctor, an IME provides a neutral second opinion conducted by a doctor appointed by the Indiana Workers’ Compensation Board (Indiana Code § 22-3-3-6).

When Should You Request an IME?

An IME may be necessary if:

The employer’s doctor downplays the severity of your injury.
You have been told you have reached maximum medical improvement (MMI) but still have ongoing symptoms.
The insurance company refuses to approve additional medical treatment.
You are pressured to return to work before being physically ready.

What Happens During an IME?

The IME doctor will:

Review your medical history and previous treatments.
Conduct a physical examination.
Determine whether further treatment is needed.
Assess your ability to return to work.

The doctor’s report can impact whether you continue receiving benefits. If the findings are not in your favor, you may need to challenge them through the Indiana Workers’ Compensation Board appeals process.

Step 5: Pursue Additional Compensation If a Third Party Is Responsible

Workers’ compensation covers medical bills and lost wages but does not compensate for pain and suffering. If another party was responsible for the accident, you may have the option to file a third-party liability claim. These claims seek compensation beyond what workers’ compensation provides.

When Can You File a Third-Party Claim?

A third-party claim may be an option if:

A manufacturer defect caused the forklift to malfunction.
A contractor or vendor created unsafe work conditions.
A third-party employee caused the accident.
An outside service provider did not properly maintain the forklift.

How a Third-Party Claim Is Different from Workers’ Compensation

Workers’ compensation does not require proving fault; third-party claims do.
Third-party claims allow for additional compensation, including pain and suffering.
These claims can be filed alongside a workers’ compensation claim.

What Evidence Supports a Third-Party Claim?

Accident reports detailing the incident.
Forklift maintenance records show defects or a lack of repairs.
Witness statements from coworkers or supervisors.
Medical records proving the extent of the injury.

Filing a third-party claim does not affect your right to workers’ compensation benefits. If another party contributed to your injury, seeking legal guidance can help determine your options for additional compensation.

When to Get Legal Help After a Forklift Accident

Filing a workers’ compensation claim after a forklift accident can become complicated if the employer or insurance company disputes your injury, delays payments, or denies medical treatment. If you encounter resistance at any stage, legal guidance can help protect your rights.

When Legal Help May Be Necessary

Consider speaking with a lawyer if:

Your claim is denied or delayed by the insurance company.
Your medical treatment is cut off before you fully recover.
You are pressured to return to work too soon despite medical restrictions.
You believe a third party may be responsible for your accident.

Workers’ compensation laws include strict deadlines, and failing to act quickly can result in lost benefits. If you are unsure about your claim, seeking legal advice can provide clarity.

Contact a Workers Compensation Attorney for Your Forklift Accident Claim

For over 25 years, Klezmer Maudlin has been dedicated to representing injured workers across Indiana. Our attorneys have handled over 31,000 workers’ compensation claims, fighting to ensure our clients receive the benefits they deserve.

Why Choose Klezmer Maudlin?

Experienced and Committed – Our attorneys focus exclusively on helping injured workers. We understand the legal process and how to challenge insurance companies attempting to reduce or deny claims.
Personalized Attention – When you contact us, you receive one-on-one guidance tailored to your case. We are committed to clear communication and keeping you informed every step of the way.
Results-Oriented Representation—If we take your case, we believe we can make a difference. We aggressively fight for fair compensation and will not back down against insurance companies.

Get Help with Your Forklift Accident Claim

If you were injured in a forklift accident at work, we can help. Contact us if:

You need assistance filing a workers’ compensation claim.
Your employer or insurance company is attempting to limit or deny your benefits.
Your claim has been denied, and you need help appealing the decision.
A third party may be responsible for your accident, and you want to explore additional legal options.

Our Indiana workers’ compensation attorneys offer free consultations. Call 317-597-6293 or fill out our online consultation form, and we will get back to you as soon as possible. Let us help you move forward with confidence. We understand how forklift accident claims work in Indiana and what it takes to get the benefits you are entitled to.

Schedule a Free Consultation Today!