West Fargo, ND — A construction worker identified as Chad Miller was injured in a forklift accident in West Fargo, North Dakota, on Tuesday, April 28, 2015. The accident happened on 34th Avenue, around 3:45 in the afternoon.
Reports say that Miller was inside the basket of a forklift when coworkers below attempted to reposition it. The forklift tipped over and Miller on top of another forklift.
Reports go on to say that a load of shingles fell on top of the man, causing him significant injuries. The man was taken to Essentia Health, although there’s been no update on his exact condition.
The accident is currently under investigation.
Scene of the Accident
Commentary
I think it’s a pretty sure bet that this accident would be covered by the employer’s workers’ comp policy. However, I have to say that I’m surprised that the workers involved would attempt something like this. It seems like the forklift falling over and the man inside being injured wasn’t exactly some unforeseen outcome.
Normally, workers’ comp laws forbid an employee from filing a claim against their employer, however, there are certain exceptions that can be made in the case of gross negligence. Gross negligence is usually defined as something that the employer knew posed a danger to employees, yet did it anyway. I’m not entirely sure what the specifics of North Dakota workers’ comp law are, but it’s possible that something like this may qualify. In any case, I think further investigation would definitely be worth it.
— Grossman Law Offices