Key Deadlines for Filing Forklift Accident Claims in Indiana
Forklifts are common in workplaces across Indiana. From bustling warehouses in Indianapolis to manufacturing plants in Fort Wayne, these powerful machines move tons of materials each day. When something goes wrong, though, and a forklift accident happens, those involved can suffer catastrophic injuries or die.
If you suffered injuries or lost a loved one in a forklift accident, you’re probably dealing with a lot—physically, emotionally, and financially. On top of the recovery process, you might be wondering how to hold the responsible party accountable. One of the most important parts of that process is making sure you meet key deadlines for filing forklift accident claims in Indiana. Missing one of these deadlines can mean walking away with nothing.
This guide breaks down the key time limits that apply to different kinds of forklift accident claims in Indiana. Whether you’re filing for workers’ compensation or pursuing a lawsuit against a third party, knowing your legal options—and when to act—can make all the difference.
If you need help, an Indiana forklift accident attorney near you can review your case during a free consultation.
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Understanding Indiana’s Statute of Limitations
Accident claims aren’t open-ended. Indiana law sets strict time limits, called statutes of limitations, that control how long you have to take legal action. These deadlines depend on the type of claim you’re filing and when your injury occurred or was discovered.
Standard Two-Year Deadline for Personal Injury Claims
In most forklift accident cases, Indiana gives injured workers or their families two years from the date of the incident to file a personal injury lawsuit. This applies to cases where another person or company—not your employer—caused the accident.
The clock typically starts ticking on the date of the injury. For example, if you were hit by a forklift on March 1, 2023, you would generally have until March 1, 2025, to file your claim in court.
When the Clock Starts: Date of Injury vs. Discovery
Sometimes, injuries don’t show up right away. You might feel fine after the accident but later develop back pain, joint damage, or other complications. In some rare situations, the statute of limitations might begin on the date you discovered (or reasonably should have discovered) your injury.
However, Indiana courts tend to be strict about this. If the injury was obvious at the time of the accident—or if a reasonable person would have gotten checked out sooner—you might not get extra time. That’s why it’s smart to act quickly, even if your symptoms seem minor.
Workers’ Compensation Claims for Forklift Accidents
Most forklift accidents at work fall under Indiana’s workers’ compensation system. This system covers employees hurt on the job, regardless of who caused the accident. But workers’ comp has its own deadlines and rules.
30-Day Notice Requirement to the Employer
You must notify your employer about the injury within 30 days of the accident. That notice can be verbal, but it’s better to do it in writing and keep a copy. Tell your supervisor, manager, or HR department as soon as possible. Waiting too long could give your employer an excuse to deny your claim.
Two-Year Statute of Limitations for Workers’ Comp
After the accident, you have two years from the date of injury to file an Application for Adjustment of Claim with the Indiana Workers’ Compensation Board. This is separate from any paperwork your employer may file with their insurance.
Filing the application preserves your right to benefits such as wage replacement, medical care, and compensation for permanent injuries. If you don’t file within the two-year window, your claim may be dismissed, even if your injury is valid.
Exceptions and Extensions to Workers’ Comp Deadlines
In some cases, the clock may pause. For example, if your employer misleads you about your rights or fails to file the First Report of Injury, your deadline might be extended. But don’t count on getting an extension. Courts rarely excuse missed deadlines unless there’s strong evidence of wrongdoing or fraud.
Third-Party Liability Claims
Not every forklift accident is the employer’s fault. Sometimes, another company or person creates the danger. Maybe a subcontractor failed to secure a load properly. Maybe a delivery driver crashed into you. Or maybe the forklift itself had a design flaw.
When that happens, you might have a third-party liability claim, separate from your workers’ comp case.
When a Third-Party Claim Might Apply
You can’t sue your employer if you’re covered by workers’ comp. But you can sue someone else who contributed to the accident.
For example:
- A third-party maintenance company failed to repair a malfunctioning forklift.
- A manufacturer produced a defective brake system.
- Another contractor’s worker operated the forklift unsafely.
In these cases, you can file a personal injury lawsuit to recover damages not available under workers’ comp—like pain and suffering or full lost wages.
Two-Year Deadline for Filing Third-Party Lawsuits
Like other personal injury claims, Indiana sets a two-year statute of limitations for third-party lawsuits. The deadline usually starts on the date of the accident. Don’t wait until your workers’ comp case finishes to start exploring a third-party claim. Both cases can move forward at the same time.
How These Claims Differ from Workers’ Comp
Workers’ comp doesn’t require proof of fault, but it limits what you can recover. A third-party lawsuit, on the other hand, requires showing someone else acted carelessly or wrongfully—but the possible recovery is broader. You can recover for future lost income, non-economic damages, and sometimes even punitive damages, depending on the circumstances.
Exceptions That May Extend Filing Deadlines for Third-Party Personal Injury Claims
Although most forklift accident claims follow a two-year limit, Indiana law does make room for certain exceptions. These situations can give injured workers or their families extra time to act, but they come with strict conditions.
Continuous Injury or Delayed Manifestation
Some injuries develop over time. For instance, repetitive strain from forklift operation or gradual exposure to workplace hazards might not show up immediately. In those cases, the statute of limitations might begin when you first connect your condition to your job.
Courts may consider the delay reasonable if the injury was hard to detect or if doctors couldn’t diagnose it right away. But waiting too long without a clear reason can still lead to dismissal.
Incapacitation of the Injured Party
If a forklift accident leaves someone unconscious, in a coma, or otherwise unable to act on their own behalf, the law may pause the deadline until they recover enough to participate in legal decisions.
This pause, called tolling, can give families more time to file. However, once the injured person regains capacity, the clock usually starts again.
Minor Status of the Injured Party
If a minor under age 18 is hurt in a forklift accident, Indiana law extends the deadline. The two-year clock doesn’t start until the minor turns 18, giving them until their 20th birthday to file a personal injury claim.
That said, if a parent or guardian wants to file sooner to recover medical costs or lost wages, they’ll need to follow the regular two-year limit.
Consequences of Missing Filing Deadlines
Deadlines in personal injury law carry weight. Courts don’t usually offer second chances if a claim is filed too late. That makes it important to act within the time allowed under Indiana law.
Loss of Legal Right to Compensation
Miss the deadline, and your claim likely ends before it even begins. Once the statute of limitations expires, the court will refuse to hear your case—no matter how strong your evidence may be.
Automatic Dismissal of Claims Filed After Deadlines
Even if the court accepts your paperwork, the defendant can file a motion to dismiss. Once they show the deadline passed, judges usually have no choice but to throw out the case.
That includes claims against employers, forklift manufacturers, subcontractors, and other third parties. Filing too late almost always shuts the door permanently.
Why Courts Enforce These Time Limits Strictly
Statutes of limitations exist to keep evidence fresh and ensure fairness in the legal process. Witness memories fade. Documents get lost. Defendants deserve to know they won’t be sued forever.
For accident victims, these rules make timely action all the more important. Don’t wait until symptoms get worse or settlement talks fall apart. Start your claim while the facts are still clear.
Steps to Take Immediately After a Forklift Accident
How you respond in the first few days after a forklift accident can shape your entire case. Acting quickly not only protects your health but also helps preserve your legal options.
Reporting the Injury to Supervisors and Management
Tell someone in charge right away—your supervisor, team leader, or HR department. Include details like the time, location, and names of any witnesses. That report creates a record that supports your claim later.
If the accident happened at a job site in Gary, Terre Haute, or Bloomington, your employer may already have specific forms or digital systems in place. Use them promptly.
Seeking Prompt Medical Attention
Even if you feel okay, get checked out by a medical professional. Forklift injuries can involve internal trauma, spinal damage, or musculoskeletal injuries that don’t show symptoms right away.
Prompt treatment also creates a medical record that links your injury to the accident. Waiting too long gives insurance companies room to argue that something else caused the injury.
Documenting the Accident Scene and Injuries
Take photos of the scene, damaged equipment, skid marks, spilled materials—anything that shows what happened. If coworkers saw the accident, write down their names and what they observed.
Also document your injuries over time. Keep a journal of pain levels, doctor visits, and how the injury affects your daily life. These details can help your attorney show the full impact of the accident.
Consulting with a Personal Injury Attorney
Forklift injury claims involve deadlines, paperwork, insurance companies, and sometimes multiple parties. An attorney can step in early, protect your rights, and gather evidence while it’s still available.
Waiting too long can give the other side time to shape the story in their favor. The sooner you get legal help, the better your chances of a strong recovery.
How an Attorney Can Help
An experienced attorney doesn’t just file paperwork. They deal directly with the employer’s insurance carrier, coordinate medical records, calculate your damages, and build a strong case.
They also look beyond workers’ comp to see if a third-party lawsuit makes sense. If another company, contractor, or manufacturer played a role in your accident, a separate claim could lead to a larger financial recovery.
If the insurer refuses to settle fairly or delays payment, your attorney can take the case to court and hold them accountable. Their involvement shows the other side that you’re serious—and that you won’t accept less than you deserve.
Contact an Experienced Indiana Forklift Accident Attorney Now
If you or someone you love got hurt in a forklift accident at work, don’t wait. Whether the accident happened in a warehouse in Lafayette, a shipping dock in Jeffersonville, or a construction site in Kokomo, your next steps matter. You have limited time to take action—and missing a deadline can mean losing the right to compensation altogether.
Klezmer Maudlin PC stands ready to help. With more than 100 years of combined experience representing injured workers across Indiana, we know the tactics insurance companies use to delay or deny valid claims. Our Indiana personal injury attorneys handle every part of the legal process so you don’t have to.
From investigating the accident to dealing with insurance carriers and filing legal claims, our attorneys at Klezmer Maudlin PC fight for the full compensation you deserve. We’ve represented clients in forklift accidents across Indiana, and we earned top ratings from both clients and peers for our outstanding professionalism and stellar client service.
Contact Klezmer Maudlin PC today for a free consultation and get the guidance and support you need.