Montana Forklift Accident Lawyer

Injured in a Forklift Accident in MT?

A forklift accident can change your life in an instant. One moment you are doing your job, the next you may be facing painful injuries, time away from work, and pressure from supervisors or insurance adjusters. If you were hurt in a forklift incident here in Montana, you deserve clear answers and real support.

At Hoyt & Blewett PLLC, we represent injured workers and families across the state after serious workplace and equipment accidents. We are a third-generation Montana personal injury firm that insurance companies know by name because we have taken many cases to trial and secured record-setting results for our clients.

Our goal is simple. We work to pursue every dollar available under Montana law for people whose lives have been turned upside down by preventable injuries, including those involving forklifts and other industrial equipment.

Contact us today at (406) 233-1302 to schedule a free consultation.

What is a Forklift?

A forklift is a powerful industrial vehicle used to lift and move materials over short distances. While most people picture the standard counterbalanced sit-down rider, the term "forklift" covers a wide range of machinery regulated under OSHA’s 29 CFR 1910.178 standards. These include:

• Warehouse Forklifts: The most common type, used for loading and unloading pallets.
• Telehandlers: Often found on Montana construction sites, these have telescopic booms for reaching high areas.
• Order Pickers: Designed to lift the operator up to reach high shelves.
• Side Loaders: Used for heavy or wide loads like timber or piping.

Despite their utility, forklifts are incredibly heavy—often weighing two to three times as much as an average passenger car—and frequently have obstructed sightlines, making them one of the most dangerous pieces of equipment in any workplace.

Common Types of Forklift Accidents

Forklift accidents rarely result in "minor" injuries. Because of the weight and power involved, the impact is often life-altering. Some of the most frequent incidents we see in Montana include:

Forklift Overturns (Tip-overs)

This is the leading cause of forklift-related fatalities. A tip-over can occur if the operator turns too sharply, carries a load too high, or drives on an uneven surface. In a rollover, the operator’s instinct is often to jump, which frequently leads to them being crushed by the overhead guard.

Pedestrian Collisions

In a busy warehouse or lumber yard, pedestrians and forklifts often share the same floor. If a driver is distracted or a facility lacks clear pedestrian lanes, a worker on foot can be struck or pinned against a wall or racking system.

Falling Loads

If a load is not properly balanced or exceeds the forklift's lifting capacity, it can slip off the tines. Falling pallets can crush workers below or cause the forklift itself to become unstable.

Falls from Heights

In some instances, workers are improperly lifted on the forks to reach a high shelf or perform maintenance. Without an OSHA-approved work platform, this often results in fatal falls.

Common Causes of Forklift Accidents

Determining the cause of the accident is the first step in building a strong legal claim. While "operator error" is frequently cited, deeper issues are often at play:

• Inadequate Training: Many Montana employers fail to provide the required certification or refresher training for their operators.
• Poor Maintenance: Failing brakes, worn tires, or leaking hydraulic lines can turn a forklift into a "rolling hazard."
• Speeding: To meet high quotas, operators may drive at unsafe speeds, making it impossible to stop in time to avoid a collision.
• Obstructed View: Large loads can block an operator's forward vision, requiring them to drive in reverse—a maneuver that increases the risk of hitting a coworker.
• Workplace Environment: Cluttered aisles, slippery floors from oil or ice, and poor lighting are significant contributors to accidents in MT industrial settings.

Workers' Compensation & Third-Party Claims

In Montana, if you are injured at work, you are generally entitled to workers' compensation benefits regardless of who was at fault. This system covers:

• Reasonable and necessary medical treatment.
• Wage loss benefits (typically two-thirds of your average weekly wage).
• Permanent partial or total disability benefits.

However, workers' comp does not cover pain and suffering, and it rarely accounts for the full extent of your financial loss. This is where a third-party claim comes in.

When Can You Sue?

While you generally cannot sue your employer in Montana, you may be able to file a personal injury lawsuit against a third party if their negligence contributed to your accident. Examples include:

• The Manufacturer: If the forklift had a design or manufacturing defect (e.g., faulty brakes).
• A Maintenance Company: If an outside contractor failed to properly repair the machine.
• The Property Owner: If the accident happened on a job site owned by a separate entity that maintained dangerous conditions.

A third-party claim allows you to seek "non-economic" damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, which are not available through workers' comp.

Forklift Accident FAQs

How long do I have to file a claim in Montana?

For workers' compensation, you must report the injury to your employer within 30 days and file a formal claim within one year. For a third-party personal injury lawsuit, the Montana statute of limitations is generally three years from the date of the accident.

Can I be fired for filing a workers' comp claim?

No. It is illegal for a Montana employer to retaliate against you for seeking the benefits you are legally entitled to.

What if the accident was partially my fault?

Under Montana's workers' comp system, fault does not matter; you are still eligible for benefits. In a third-party lawsuit, Montana follows a comparative negligence rule, meaning you can still recover damages as long as your fault is not greater than the defendant's.

Why People Choose Us

When a forklift accident causes serious harm, the stakes are high. Medical care can be extensive, time away from work can be long, and the companies involved often have significant resources to defend themselves. In these cases, you need more than a name on a billboard. You need a trial-tested team that defendants and insurers know will not back down.

Hoyt & Blewett PLLC is that team. Our firm is built on the Blewett family legacy that began in Montana in 1938. Zander Blewett is the only attorney in the state admitted to the Inner Circle of Advocates and the Lawdragon Hall of Fame, and all four of our partners were named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers in America. Those honors reflect decades of work in complex, high-stakes cases.

Our results tell the same story. We secured the largest reported individual personal injury settlement in Montana history at 27 million dollars for a brain injury case. We have obtained many of the top verdicts and settlements in the state, including a 21.35 million verdict, an 11 million construction accident settlement, a 9.79 million railroad crossing verdict, a 7 million personal injury verdict, and a 6.5 million wrongful death settlement.

These numbers are not statistics to us. Each one represents a family that needed enough compensation to move forward after a devastating injury or loss. Our reputation for trying cases and winning means insurers understand that a low offer is not acceptable when our clients face lifelong consequences. That reputation also brings us many attorney referrals and has helped us collect over 150 5-star reviews from clients who trusted us with their cases.

We are selective about the Montana injury claims we accept, including forklift incidents. When we agree to represent you, it is because we believe the case has merit and we are prepared to invest the time and resources needed to pursue a full and fair result.

To talk with our team about your potential case, call (406) 233-1302 today.