Tupelo Forklift & Crane Accident Lawyer
Lunsford, Baskin & Priebe PLLC represents injured workers in Tupelo, Lee County, and communities across north Mississippi, along with workers throughout the rest of Mississippi and Louisiana, and workers’ compensation is the core of what the firm does. For a person hurt by a forklift or a crane, that focus matters, because these are not ordinary workplace injuries. They involve thousands of pounds of steel, concrete, or product moving where a person happens to be standing.
A Tupelo forklift and crane accident lawyer has to think about two separate legal tracks from the first day. Mississippi workers’ compensation pays medical care and a portion of lost wages regardless of who caused the accident, but it is a no-fault system with limits. If a negligent outside party contributed, such as an equipment manufacturer, a rental company, a general contractor, or a driver, a separate injury claim may exist that the comp system never reaches. Sorting out which parties are in play is often the most valuable work done early in these cases.
North Mississippi runs on furniture plants, distribution centers, warehouses, automotive supply operations, and construction, and every one of those settings depends on powered lifting equipment. The injuries that follow are frequently crush injuries, fractures, amputations, spinal damage, and head trauma, and they tend to produce long recoveries and disputes over how much of a worker’s earning capacity is gone for good.
How Forklift and Crane Injuries Happen in Industrial Workplaces
Forklift incidents usually fall into recognizable patterns. Tip-overs happen when a loaded truck turns too fast, travels with the forks raised, or crosses uneven pavement near a loading dock. Pedestrian strikes occur in warehouses where foot traffic and truck lanes overlap with poor sightlines. Falling loads come from improperly stacked pallets, damaged forks, or overloading past the truck’s rated capacity. Workers also fall from pallets or forks that were used as makeshift platforms, a practice that is both common and dangerous.
Crane accidents tend to be more catastrophic. Mobile cranes can overturn when outriggers are not fully extended or the ground is soft. Overhead and gantry cranes drop loads when rigging fails or a hoist is overloaded. Boom contact with energized power lines causes electrocutions and severe burns. Rigging failures, such as worn slings, improper hitches, and unqualified signal persons, put the people on the ground at greatest risk.
The cause matters legally. A mechanical failure points toward a manufacturer or maintenance contractor. A poorly planned lift points toward the general contractor or a lifting subcontractor. An operator who was never properly trained points back to the employer, which is the one party the comp system generally shields from a lawsuit. Evidence disappears quickly in these cases: inspection logs, load charts, maintenance records, operator certifications, and the equipment itself can all be repaired, resold, or lost if no one moves to preserve them.
Why Choose Lunsford, Baskin & Priebe for a Forklift or Crane Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm serving Tupelo, Lee County, and injured workers across Mississippi and South Louisiana. Most attorneys who take comp cases are personal injury lawyers who handle a work injury only when one comes through the door. The firm has recovered more than $100 million in settlements for clients, works on a no-recovery, no-fee basis, advances the costs of the case, offers free consultations, and answers its phones 24 hours a day. Hablamos español.
The team includes Rob Lunsford, Founding Partner, who has spent his entire legal career representing injured workers; Brad Baskin and Jennifer Priebe, Partners, both recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers; and attorneys Andrew Rueff, Keaton Belk, Erin Heimlicher, and Jared Martin. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict, which matters when a third-party claim against an equipment maker or contractor has to be built for a courtroom. The firm was also ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson.
The results reflect the kind of serious, structural injuries that forklift and crane accidents produce. The firm obtained $685,000 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 consistently describe the same things in their reviews: attorneys who listened, communicated, and fought the insurance company at every step.
Injuries and Claim Types We Handle After Lifting Equipment Accidents
- Crush and Fracture Injuries: A pinned foot, a pelvis caught between a truck and a rack, or a hand trapped under a falling pallet often require surgery, hardware, and months away from work. Insurers frequently push a return to duty before the treating surgeon clears it.
- Back, Neck, and Spine Injuries: Tip-overs and sudden stops transmit force through the spine, producing disc herniations that carriers like to blame on degenerative disc disease. Medical evidence tying the injury to the incident is central.
- Shoulder and Knee Injuries: Rotator cuff tears, SLAP tears, and meniscus tears are common when workers brace against a shifting load or are struck by a moving truck, and employers sometimes label them old sports injuries.
- Burns and Electrical Injuries: Crane booms that touch power lines cause catastrophic electrical burns and cardiac complications, common on industrial and construction sites.
- Head Trauma and Catastrophic Injuries: Falling loads and rigging failures can cause brain injury, paralysis, and amputation, the cases where lifetime medical care and permanent disability benefits matter most.
- Third-Party Liability Claims: When a manufacturer, rental company, maintenance contractor, or site contractor shares blame, an injury claim can run alongside comp and reach damages comp never covers.
- Wrongful Death: When a crane collapse or forklift crush injury kills a worker, the family may have both death benefits under comp and a separate claim against a negligent outside party.
What to Do in the Days After a Forklift or Crane Accident in Tupelo
Get medical care first and tell the provider the injury happened at work, because the first records set the foundation for everything that follows. North Mississippi Medical Center in Tupelo is the region’s major hospital, and serious trauma often goes there or to a larger regional facility. Describe every symptom, including ones that seem minor, since back and head complaints often worsen after the adrenaline fades.
Report the injury to your employer in writing within 30 days of the accident. That deadline appears in Mississippi’s workers’ compensation statute, and waiting invites an argument that the employer was never told. Keep a copy of the report. Separately, you generally have two years from the date of injury to file a Petition to Controvert with the Mississippi Workers’ Compensation Commission unless disability benefits have been paid in that window. Do not assume the insurer’s payments mean your deadline is safely handled; talk to a lawyer about how those payments affect the clock.
Preserve evidence while it still exists. Photograph the equipment, the load, the floor or ground conditions, and any warning signs or missing guards. Write down the names of witnesses, the operator, and the supervisor on duty. Ask for the equipment’s identification and note who owns or rents it, since that determines whether an outside party is involved. If you can, record what training you received and whether the operator was certified. Do not give a recorded statement to the insurance adjuster before speaking with counsel, and do not sign medical releases broader than the injury at issue.
Mississippi comp claims are heard by the Mississippi Workers’ Compensation Commission, not a court. A case is tried first before an Administrative Judge, and a party unhappy with that decision can seek review by the Full Commission, which examines the record made at the hearing rather than holding a new trial. A final Commission award can then be appealed within 30 days, and the Mississippi Supreme Court may assign the appeal to the Mississippi Court of Appeals. A separate third-party injury suit proceeds in the courts, and a claim involving a government entity carries its own one-year limit and notice requirement under the Mississippi Tort Claims Act.
Avoid the common mistakes: returning to heavy lifting before the doctor releases you, posting about the accident online, accepting a quick settlement before the extent of permanent impairment is known, and letting the employer’s chosen provider be the only voice on your restrictions.
Comp Benefits and Outside Claims: How They Fit Together
Mississippi covers workers from their first day on the job, with no waiting period. Benefits include reasonable and necessary medical treatment and wage replacement. Temporary and permanent total disability are generally paid at two-thirds of the worker’s average weekly wage, subject to a statutory weekly maximum and not to exceed 450 weeks, and permanent partial disability benefits in most cases are likewise capped at 450 weeks. Because those figures depend on average weekly wage, the details of your earnings records matter.
Comp does not pay for pain and suffering. A third-party claim can. Under Mississippi law, a plaintiff’s own share of fault reduces a recovery rather than barring it, and the general limitation period for negligence claims without a more specific statute is three years. Wrongful death claims for negligence also run three years. Mississippi caps noneconomic damages in most wrongful death cases, but those caps do not limit economic losses like medical costs and lost earnings.
A well-run case coordinates the two tracks so that statements and settlements in one do not damage the other. The comp carrier may also hold a lien against any third-party recovery, which is one reason the claims should be handled by lawyers who understand both.
Questions Injured Workers Ask About Forklift and Crane Accidents
Do I need a lawyer after a forklift accident at work?
If the injury is minor and benefits are flowing, perhaps not. If you are facing surgery, time away from work, a denial, or a cut-off of benefits, legal help usually changes the outcome. The insurer has adjusters and lawyers working for it, and you should have someone protecting your side.
How much does it cost to hire Lunsford, Baskin & Priebe?
Nothing up front. Consultations are free, the firm advances case costs, and fees are collected only if benefits or a settlement are recovered. Attorney fees in workers’ compensation cases are limited and approved under state law.
How long do I have to report a crane or forklift injury in Mississippi?
Report it to your employer within 30 days of the accident. Do it in writing and keep a copy.
How long do I have to file a claim with the Commission?
Generally two years from the date of injury, unless disability benefits have been paid in that period. Because exceptions depend on what has been paid and when, get advice before assuming you have more time.
Can I sue my employer if its negligence caused the accident?
Generally not. Workers’ compensation is the exclusive remedy against your employer for a covered work injury, which is why identifying outside parties such as manufacturers, rental companies, and contractors matters so much.
What if the insurer says my back injury was already there?
A pre-existing condition does not automatically end a claim. If the accident caused, worsened, or accelerated the condition, benefits may still be owed. Strong medical evidence and your work history are how that argument gets answered.
Can I be fired for filing a comp claim?
Mississippi protects workers from retaliation for filing a claim. If you were let go or disciplined after reporting an injury, tell your attorney at the first consultation so the circumstances can be reviewed.
The forklift operator was a coworker. Can I still have a claim beyond comp?
A coworker’s negligence generally does not open a separate lawsuit against the coworker or employer, but comp still applies. Whether anyone else contributed, such as the equipment maker, the lessor, or a site contractor, is the question that determines whether another claim exists.
What if I was partly at fault for the accident?
Comp is no-fault, so your own mistake generally does not defeat benefits. In a third-party lawsuit in Mississippi, your share of fault reduces the recovery rather than eliminating it.
Why does equipment evidence matter so much in a crane case?
Inspection records, load charts, maintenance logs, and the failed component itself show whether the cause was an operator error, a rigging problem, or a defect. Without a prompt request to preserve them, they can be repaired, sold, or discarded.
Will my health insurance cover treatment while the comp claim is pending?
Comp should pay for authorized treatment of a work injury, and health insurers often resist covering conditions they consider work-related. If the comp carrier denies care, the dispute itself is something your attorney can take to the Commission.
What if my claim is denied?
A denial is a beginning, not an ending. Your attorney can file the petition, develop medical and witness evidence, and take the case to a hearing before an Administrative Judge, then to the Full Commission and the appellate courts if necessary.
Serving Forklift and Crane Accident Clients Across Tupelo and North Mississippi
The firm represents injured workers in Tupelo and throughout Lee County, including Verona, Saltillo, Plantersville, Guntown, Shannon, Nettleton, Baldwyn, and the communities that surround the city’s industrial and distribution corridors. We also serve workers in neighboring areas of north Mississippi, from Southaven and the Memphis-area suburbs to Hattiesburg and the Gulf Coast in the south, along with Jackson, Madison, and the Delta.
Our work extends across the state line as well, to Louisiana workers in New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and the rest of South Louisiana and north Louisiana. Wherever lifting equipment fails or is misused, the same questions follow: what the comp carrier owes, who else is responsible, and how to keep one claim from undermining the other.
Speak With a Tupelo Forklift and Crane Accident Attorney Today
If a forklift or crane has injured you, you do not have to manage the insurance company, the medical dispute, and the evidence on your own. Our Tupelo forklift and crane accident attorney team can review what happened, identify every party who may owe you, and take over the fight for your medical care and wage benefits. Phones are answered 24 hours a day, consultations are free, and you owe no fee unless we recover benefits for you. Call today and tell us what happened.
