Forklift Accidents

Forklift Accident Lawyer in Des Moines

Representing Injured Iowa Workers After Serious Forklift Accidents

Fractures, crush injuries, and nerve damage can sideline workers for months or permanently. LaMarca Law Group, P.C. represents Des Moines workers and their families when those injuries happen on the job.

According to National Safety Council data, forklifts caused 84 work-related deaths and more than 25,000 nonfatal injuries in the most recent reporting period. Behind each number is a worker whose livelihood and physical well-being were upended by equipment that should have been operated and maintained safely.

If you or a family member was hurt in a forklift accident, call our Des Moines forklift accident attorneys today at (515) 705-0233 to schedule a free consultation.

A Track Record Specific to Forklift Injuries

Our team includes attorneys, accountants, and investigators who build cases from multiple angles. We use technology to manage evidence and present complex facts clearly. That approach matters most when we’re going up against a large employer’s insurer or a national equipment manufacturer.

Our results reflect it. We obtained a workers’ compensation arbitration award of 80% industrial disability for a factory mechanic whose legs were run over by a forklift, leaving him with a hip injury and neuropathic pain. That outcome wasn’t a generic workplace injury result. It came from building a detailed record of what the forklift did, how the injury affected this worker’s body and earning capacity, and presenting that case at arbitration with precision.

Workers’ Compensation & Third-Party Claims After a Forklift Accident

Iowa operates a no-fault workers’ compensation system. An injured worker can generally receive benefits regardless of who caused the accident, but Iowa law bars a direct lawsuit against a covered employer for the injury itself. Workers’ compensation covers medical expenses and a portion of lost wages, calculated under the Iowa statutory schedule.

Forklift accidents often involve parties beyond the employer, and that’s where additional recovery may be available. A third-party claim can arise when a forklift manufacturer’s defective design contributed to the accident, when a maintenance or repair contractor failed to keep equipment in safe working condition, or when another company’s negligence played a role. These claims are governed by personal injury law rather than the workers’ compensation schedule, which means the categories of recoverable damages are broader.

One complication worth understanding: when a third-party claim succeeds, Iowa law generally gives the workers’ compensation insurer a subrogation right to seek reimbursement from the recovery for benefits it already paid. Our trial lawyers have extensive experience evaluating whether third parties share responsibility and structuring claims to account for these overlapping interests.

How Forklift Accidents Happen & What Federal Law Requires

OSHA’s powered industrial truck standard, 29 CFR 1910.178, requires operators to complete training and demonstrate competence before operating a forklift. Federal law also prohibits forklift operation by workers under 18 in non-agricultural employment. When employers skip or cut short that training, the results show up in accident reports.

Forklift overturns are the leading cause of forklift fatalities, accounting for about 25% of all forklift-related deaths. Other common causes include inadequate operator training, pedestrian-forklift collisions in shared warehouse or loading dock spaces, loads that shift or fall during transport, and mechanical failures tied to deferred maintenance. Each cause points toward a different potential theory of liability, which is why early case evaluation matters.

Iowa Filing Deadlines for Forklift Accident Claims

Missing a deadline can end a valid claim before it starts. Iowa’s general statute of limitations for personal injury and wrongful death is two years from the date of injury or death, under Iowa Code section 614.1(2). Iowa’s discovery rule can delay the start of that period when the injured person couldn’t reasonably have known about the injury and its cause at the time it occurred, though this exception is narrow and fact-specific.

Workers’ compensation timelines operate separately. Iowa generally requires that weekly benefits begin within 11 days after the injury causes the first day of disability. If a claim is denied, the insurer must explain the denial in writing. These timelines make it important to document the injury, report it promptly, and get legal guidance before accepting or challenging any benefits determination.

Local Agencies & Courts for Des Moines Forklift Accident Claims

Iowa OSHA enforces forklift safety and training requirements statewide. It operates as part of the Iowa Division of Labor Services within the Department of Workforce Development, with its main office in Des Moines. When Iowa OSHA investigates a forklift accident, its findings and citations can become important evidence in a related civil or workers’ compensation claim.

Third-party civil lawsuits connected to workplace accidents in this area are generally filed in Polk County District Court, part of Iowa’s Fifth Judicial District. We represent injured workers throughout Des Moines and West Des Moines and know the procedural landscape for these claims.

Talk to a Des Moines Forklift Accident Attorney

A forklift injury can change everything quickly. Medical bills arrive before you know your long-term prognosis. Workers’ compensation forms land in your mailbox while you’re still in recovery. We offer free consultations so you can understand your options before making any decisions about your claim.

Contact LaMarca Law Group, P.C. at (515) 705-0233 to speak with a forklift accident attorney about your situation.

How We Build a Forklift Accident Case

Every case evaluation starts with the facts: how the accident happened, what injuries resulted, what medical treatment has been needed, and what conditions existed at the work site. That review shapes which legal theories apply and which parties may share responsibility.

Building the case file typically means gathering medical records, the employer’s incident report, equipment maintenance and safety logs, operator training records, and statements from witnesses who saw what happened or knew the equipment’s condition. In a forklift case, maintenance logs and training records often tell a story the incident report doesn’t. Our investigators help locate and preserve that evidence before it disappears.

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Over 100 Years of Experience
Our dedicated Iowa attorneys have been protecting the rights of injured Iowans for decades giving us the knowledge and skill to successfully advocate on your behalf.
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We have the largest plaintiff law firm in all of Iowa meaning that at any time of the day or night, there will be someone available to answer questions regarding your case.
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Whether you were injured at work or because of someone else's negligence, our full-service law firm has the knowledge and the skill to successfully advocate on your behalf.