Metairie Forklift & Crane Accident Lawyer
A pallet shifts off a forklift in a Metairie warehouse, or a crane load swings wrong on a job site off Veterans Memorial Boulevard, and a worker’s life changes in a few seconds. Lunsford, Baskin & Priebe PLLC represents injured workers throughout Louisiana and Mississippi, and a Metairie forklift & crane accident lawyer from our firm can handle both the workers’ compensation claim and any claim against outside companies that helped cause the injury.
Forklift and crane injuries are rarely minor. Crushed legs and feet, pinned torsos, fractured pelvises, back and spine trauma, and struck-by injuries from falling loads are common. Those injuries lead to surgeries, long recoveries, and months away from work. The insurance carrier often responds by questioning how the accident happened, arguing the worker was careless, or pushing a return to work before the doctor agrees.
Jefferson Parish has a large warehouse, distribution, construction, and industrial base. That means forklifts and cranes are part of daily work for many people in and around Metairie, and a single accident can raise two separate legal questions: what you are owed from your employer’s comp carrier, and whether a third party owes you more.
How Forklift and Crane Accidents Turn Into Two Claims
Most forklift and crane injuries on the job start as a workers’ compensation claim. Louisiana comp is a no-fault system, so you generally do not have to prove your employer did something wrong. The carrier owes reasonable and necessary medical treatment and wage benefits while you cannot work. If you return at lower pay, supplemental earnings benefits may apply, and permanent disability benefits are available when an injury leaves lasting limits.
The second claim is where these cases differ from many other work injuries. Heavy equipment involves many hands: a rental company, a manufacturer, a maintenance contractor, a general contractor, a crane operator employed by someone else, or a property owner. Workers’ compensation usually bars a suit against your own employer, but it does not stop you from pursuing a negligent outside party. Our personal injury lawyers handle those claims and coordinate them with the comp case so the two do not undercut each other.
Louisiana’s fault rules matter in the outside claim. For causes of action arising on or after January 1, 2026, a claimant found 51 percent or more at fault recovers nothing, and a lower share of fault reduces the award proportionally. For delictual actions based on injuries on or after July 1, 2024, the filing period is two years from the day the injury was sustained. Earlier injuries remain under the former one-year period. Because comp and injury deadlines differ, they should be looked at together early.
Why Choose Lunsford, Baskin & Priebe for a Forklift or Crane Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm that serves injured workers across Louisiana and Mississippi, including Metairie, New Orleans, Baton Rouge, Lafayette, Lake Charles, and Shreveport. We have recovered more than $100 million in settlements for clients. Consultations are free, we advance the costs of the case, and you pay no fee unless we recover benefits or a settlement. Our phones are answered 24 hours a day, and we speak Spanish.
Founding partner Rob Lunsford has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict, which matters when a third-party claim against a contractor or equipment company has to be taken seriously. Keaton Belk and Erin Heimlicher round out the attorney team.
Our results show what serious injuries from heavy work can be worth. They include a $685,000 settlement for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager with back injuries after being struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Clients describe the same things in reviews: a team that listens, stays professional, and fights with the insurance company at every step.
Injuries and Claim Types We See From Forklift and Crane Accidents
- Crush and Pinning Injuries: A worker caught between a forklift and a dock, rack, or wall can suffer fractured pelvises, hips, and legs. These often require specialists and complex surgical repair, and recovery can run long.
- Foot and Ankle Fractures: Forklift tires and falling pallets crush feet and ankles. Insurers sometimes dispute the need for follow-up surgery or the extent of permanent limits.
- Back, Neck, and Spine Injuries: Sudden impacts, tip-overs, and heavy lifting tied to equipment work can cause disc herniations. When a carrier blames degenerative disc disease, medical evidence and work history are used to show the job caused or worsened the injury.
- Shoulder and Knee Injuries: Torn rotator cuffs, SLAP tears, and meniscus tears occur when workers brace against shifting loads or are struck by equipment. Employers sometimes call these old sports injuries.
- Struck-By and Falling Load Injuries: Rigging failures, overloaded lifts, and swinging crane loads injure ground workers, riggers, and nearby tradespeople, often on construction and industrial sites.
- Burns and Catastrophic Injuries: Crane contact with power lines or equipment failures at plants and industrial sites can cause severe burns and life-altering harm.
- Third-Party Equipment and Contractor Claims: Defective machinery, poor maintenance by an outside contractor, or an unsafe site run by another company can support an injury claim beyond workers’ compensation.
- Wrongful Death: When a forklift or crane accident is fatal, the family may have comp death benefits and a wrongful death claim against responsible third parties. Louisiana generally allows one year from the death or two years from the injury, whichever is longer.
What to Do in the Days After a Forklift or Crane Accident
Get medical care first. Emergency care in the Metairie area is close, and the records from that first visit become the backbone of your claim. Tell the providers exactly how you were hurt and that it happened at work. Vague histories get used against workers later.
Report the injury to your employer in writing. Louisiana requires notice within 30 days of the injury, and waiting invites the argument that the accident did not happen at work. A formal claim generally must be filed within one year of the accident, with a longer window possible when compensation payments have already been made. Do not treat the notice deadline as the only one that matters.
Preserve what disappears fast. Photograph the equipment, load, and area if you can. Write down who was operating the machine, who rigged the load, which companies were on site, and who saw it happen. Equipment inspection and maintenance records, operator certifications, and incident reports can be critical in a third-party claim, so tell your attorney early who else was involved. Do not give a recorded statement to the carrier before you have talked to a lawyer, and be careful with social media.
If the carrier denies a treatment request, deadlines run quickly. A utilization review dispute is filed on LWC Form 1009 within 15 calendar days of receiving written notice of the denial, and the medical director then has 30 calendar days to decide. After that decision, you have 45 days from the date it was issued to file Form 1008. Disputes over benefits are heard by a workers’ compensation judge with the Office of Workers’ Compensation Administration. Because you choose among the parish where the injury happened, the parish where you lived, or the parish of the employer’s principal place of business, a Metairie injury may be heard in a different district than you expect. A final judgment can be appealed to the Louisiana Court of Appeal, and the appeal period is 30 days for an appeal that suspends the judgment and 60 days for one that does not. For Jefferson Parish, that appellate court is the Fifth Circuit.
The common mistakes are predictable: going back to heavy work too soon, signing paperwork the carrier sends without review, missing a medical appointment, and assuming a denial is the final word. Cases like these tend to move in stages: treatment, a dispute over benefits or care, a fight over disability and return to work, and eventually settlement talks once your doctor has a clear picture of your limits.
Wage Benefits and Return-to-Work Problems After Heavy Equipment Injuries
Forklift and crane injuries often end a worker’s ability to do the same job. If you cannot earn 90 percent or more of your pre-injury wages, supplemental earnings benefits pay 66 2/3 percent of the difference between your earlier wages and what you earn or are able to earn. They can continue until you are released to full duty, return to your earlier wages, or reach the 520-week maximum, and weeks of temporary total disability count toward that 520. Weekly compensation limits are set annually and fixed by the date of the accident.
Carriers frequently use a light-duty release or a job search to argue you can earn more than you actually can. Careful medical documentation and a clear record of your work history are what answer that.
Frequently Asked Questions About Metairie Forklift and Crane Injuries
Can I file a workers’ comp claim if the forklift accident was partly my fault?
Yes. Workers’ compensation does not depend on fault, so your own mistake generally does not defeat a comp claim. Fault matters more in a separate claim against an outside party, where Louisiana’s comparative fault rules apply.
Can I sue my employer for a crane accident?
Workers’ compensation is usually your exclusive remedy against your direct employer. That is why identifying outside companies, such as equipment owners, contractors, and manufacturers, is so important.
How long do I have to report a forklift injury in Louisiana?
You must give your employer notice within 30 days of the injury. A formal claim generally must be filed within one year of the accident, and that period may be longer if compensation has been paid.
What benefits can I receive after a crane accident at work?
Benefits include reasonable and necessary medical treatment, wage replacement while you cannot work, supplemental earnings benefits if you return at reduced pay, and additional benefits for permanent disability, catastrophic injury, or death.
What if my injury was made worse by an earlier condition?
A pre-existing condition does not automatically end your claim. If the job caused, worsened, or sped up the condition, you may still be entitled to benefits, and strong medical evidence is how that argument is answered.
Can I be fired for filing a comp claim after an equipment accident?
Louisiana protects workers from retaliation for filing a comp claim. If you were let go or punished after reporting your injury, tell us so we can review your options.
What happens if the insurance company denies my surgery?
You can dispute the denial through Louisiana’s utilization review process by filing Form 1009 within 15 calendar days of receiving written notice. After the medical director rules, you have 45 days from the date of the decision to file Form 1008. Missing these windows can cost you the chance to challenge the denial.
Does a third-party lawsuit reduce my workers’ comp benefits?
The two claims are connected, and the comp carrier may have reimbursement rights if you recover from an outside party. That is why they should be handled together, so a recovery in one does not unexpectedly shrink the other.
My coworker was killed in a crane accident. What can the family do?
The family may be entitled to workers’ compensation death benefits and, if an outside party was negligent, a wrongful death claim. Louisiana generally allows one year from the death or two years from the injury, whichever is longer, so the timeline should be reviewed promptly.
Is it worth hiring a lawyer if I only missed a few weeks of work?
Not every claim needs a lawyer. But if benefits are denied, delayed, or reduced, or if the injury may leave lasting limits, help early can make a major difference. Consultations are free and we are paid only if we recover for you.
Can I work with a Spanish-speaking attorney team?
Yes. Hablamos espanol, and Spanish-speaking clients can work with our team in their own language from the first call to the end of the case.
Serving Metairie and Jefferson Parish Workers Across Louisiana and Mississippi
We represent injured workers in Metairie and throughout Jefferson Parish, including Kenner, Harahan, River Ridge, Elmwood, Old Jefferson, Bridge City, Westwego, Marrero, Gretna, Harvey, Terrytown, and Avondale. We also serve workers across the river in New Orleans and in neighboring communities such as Chalmette, Arabi, Slidell, Covington, Mandeville, and LaPlace.
Our work extends across South Louisiana and the rest of the state, including Baton Rouge, Lafayette, Lake Charles, and Shreveport, as well as north Louisiana. In Mississippi, we represent workers in Jackson, Madison, Hattiesburg, Southaven, the Gulf Coast, the Delta, and north Mississippi. Wherever the accident happened, forklift and crane injuries are handled with the same focus on medical care and wage benefits.
Talk to a Metairie Forklift and Crane Accident Attorney Today
If a forklift or crane accident has put you out of work, a Metairie forklift and crane accident attorney at Lunsford, Baskin & Priebe can review your comp claim and look at who else may be responsible. Call us any time of day. Consultations are free, and you pay no fee unless we recover benefits for you.
