Every year, loading dock accidents result in serious injuries to thousands of workers. On loading docks, there are various risks for workers, such as crowded work areas, awkward cargo, moving large vehicles, noisy settings that interfere with communication, bad weather, and working too fast at heights. There are safety regulations in place to protect workers from injuries, but loading dock accidents still occur.
If you or someone you know was injured on a loading dock accident in New Jersey, it's important to seek medical attention first. After, you should consult with an experienced NJ workers' comp lawyer, such as the team at Brandon J. Broderick, Attorney at Law. We have the experience to help you determine your options and obtain compensation.
Types of Loading Dock Accidents
Around 1/4 of all workplace injuries at warehouse locations are caused by loading dock accidents. Loading docks are built to make it possible to move shipments between vehicles and different types of buildings, like a warehouse or an industrial structure. On loading docks, the following kinds of accidents occur:
- Caught Between: Workers could be crushed under loads that are not secured, jammed between a loading dock and a tractor trailer, or caught between a forklift and a pallet.
- Struck-by: Workers run the risk of being hit by flying debris or pallet jacks that fall on them.
- Falls: If a person slips and falls off the loading dock, they could get seriously injured.
- Loading docks are built at the height of a semi-trailer in order to facilitate the fastest possible transfer of products. As a result, there is no longer a need to roll the items up and down a ramp to get from the trailer's back to the ground. In North America, a loading dock's conventional height is 48 inches, while heights of up to 55 inches are not unusual.
Height is also a significant risk in and of itself. When a forklift slips through a crack between the dock and the truck, some of the most severe loading dock accidents take place. This may happen if the truck driver separates the trailer too soon after the loading or unloading process.
How Do Trailers Separate?
One of the most dangerous situations for workers on a loading dock is trailer separation. Forklift drivers falling over a loading dock cause thousands of accidents per year. When a trailer abruptly splits, this can happen.
Trailer separation happens usually because:
- Miscommunication between workers and truck drivers. It could be challenging for drivers and handlers to communicate to each other when the trailer should move because of the busy loading dock environment.
- Trailer creep: Because of the weight of the forklift entering or exiting the trailer, a trailer may move away from the dock.
- No safety equipment: Vehicle restraints and industrial wheel locks are two examples of safety equipment. Hydraulic devices located beneath the loading dock called vehicle restraints automatically fasten to the rear impact guard of a tractor trailer to keep it from detaching.
- Ignoring safety rules: Regulations for safety must be rigorously followed.
Load Safety: Who is Responsible?
Inadequate load safety can also be a factor in accidents. In general, the truck driver is in charge of inspecting the cargo to make sure it is safely loaded and properly secured. However, the type of freight that a truck driver picks up at a loading dock is frequently beyond his or her control. This is especially accurate for trucking companies that transport mixed freight, generally known as less-than-truckload (LTL) transportation. In this instance, securing cargo and adhering to the necessary loading safety measures fall under the responsibility of the warehouse or manufacturing facility.
Typically, steel racks or wooden pallets are used to store goods in warehouses. If storage racking is not installed correctly or if it is broken and not repaired, accidents may occur. Accidents can also occur when these businesses disregard set safety rules.
Steps To Take After A Loading Dock Accident Injury
Even if they think the accident was not serious, loading dock workers should always seek medical care. Injured workers should also take the following actions as soon as they can:
- Inform your employer about the accident. Employees may not be eligible for benefits if they fail to provide notice within the required time frames.
- Follow your company's process for both giving them notice and seeking medical care. Employees may have to visit a doctor that their employers have chosen.
- Consult with a workers' compensation attorney. A good attorney can make sure that all required paperwork is submitted correctly to maintain the employee's eligibility for benefits.
Regardless of who was at fault for an accident, workers' compensation is designed to cover medical costs and lost wages. However, pain and suffering and other damages are not covered by workers' compensation. Accidents at work are sometimes the result of negligence on the part of a third party. In these circumstances, an injured employee has the option to file a third-party personal injury claim in order to get accident-related damages.
Third Parties That Could Be Liable
The following third parties could be held accountable for a loading dock accident:
- Manufacturers or sellers of equipment. A worker may have the right to launch a product liability claim against the business that created or distributed the product if the worker is hurt by a forklift or other piece of equipment that lacks essential safety measures.
- Factory or warehouse owner. If a dangerous condition, such as faulty steps or another avoidable hazard, was known to have existed on the property, injured workers may have grounds for filing a premises liability claim against the owner of the loading dock.
- Transport businesses. If the accident was caused by a trailer separation and the injured person worked for the warehouse or manufacturing site, the trucking company may be held accountable if the truck driver failed to follow safety procedures when docking the truck.
- Outside contractor: It's possible that an outside contractor, not an employer, created a dangerous situation or disregarded safety regulations.
Contact Brandon J. Broderick For Help
If you've suffered injuries in a loading dock accident in New Jersey, you may be entitled to damages. Call the team at Brandon J. Broderick, and together, we can make sense of the situation and determine what the necessary steps to take are.
We offer free consultations. Call us today to schedule an appointment.