Forklift Accident Lawyer in Fairfax, VA
Over 30 Years Pursuing Full Compensation for Injured Workers in Virginia
Forklift injuries can end careers, shatter families, and leave workers navigating a claims process designed more to protect employers than injured people. At Law Office Of Andrew S. Kasmer, we represent workers hurt in forklift and other workplace accidents throughout Fairfax County and Prince William County, Virginia, pursuing every available path to compensation that may be available. With over three decades of experience in personal injury and workers’ compensation law, we’ve built a record of results by preparing each case as if it’s going to trial, whether it settles or not.
That approach matters. Insurance carriers and opposing counsel make different decisions when they know we mean business, and our clients benefit from that posture at every stage.
If you or a family member was hurt in a forklift accident in Fairfax County or Prince William County, call us today at (571) 350-8562. The consultation is free, and you pay nothing unless we win.
What Sets Our Firm Apart
We don’t settle for whatever an insurer offers first. Our goal is compensation that reflects what the injury has actually cost: lost wages, medical bills, pain, and the long-term impact on your ability to work and live. Every client’s situation is different, and our legal strategy reflects that.
We combine aggressive negotiation with real litigation experience and back our advocacy with genuine attention to each client’s circumstances. We also offer services in Spanish because a language barrier shouldn’t stand between an injured worker and the legal support they deserve.
Why We're Your Trusted Choice
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More Than $10 Million WonOur law firm is known for winning, and winning big.
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Offering 100% Free ConsultsGet started on your case with a free consultation. Contact us today!
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We Prepare All Cases for TrialFrom beginning to end, we always help our clients prepare to win.
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You Don't Pay Unless We WinIt costs you nothing unless our firm wins your case.
Workers’ Compensation vs. Third-Party Claims After a Forklift Injury
Most injured workers know they can file for workers’ compensation. Fewer know that a separate civil claim against a non-employer party may also be available and that the two paths aren’t mutually exclusive. Understanding which applies to your situation is one of the most consequential decisions in a forklift injury case.
Virginia’s No-Fault Workers’ Compensation System
Virginia’s workers’ compensation system is no-fault, meaning benefits are available regardless of who caused the accident. Even if your own actions contributed, you can still qualify. Those benefits generally cover medical treatment and approximately two-thirds of your average weekly wages while you’re unable to work. Notifying your employer alone doesn’t satisfy the filing requirement. A separate Claim Form must be filed with the Virginia Workers’ Compensation Commission, generally within two years of the injury date.
When a Third-Party Claim Is Also Available
Virginia law generally bars an injured employee from suing their own employer directly, but it doesn’t bar claims against other parties whose negligence may have contributed to the accident. Common third parties in forklift injury cases include equipment manufacturers, maintenance contractors, property owners, and operators from another company working on a shared job site. A successful third-party claim may allow recovery of full lost wages and compensation for pain and suffering, going beyond what workers’ compensation alone provides. These claims require proving that another party’s carelessness caused the injury.
One important distinction: Virginia applies a contributory negligence rule in civil claims, meaning a plaintiff found even slightly at fault can be barred from recovery. That bar doesn’t apply to no-fault workers’ compensation claims. Navigating both paths simultaneously requires careful strategy, which is exactly what we provide.
Where & Why Forklift Accidents Happen
Forklifts, classified as powered industrial trucks under federal safety standards, operate in warehouses, distribution centers, retail stockrooms, and construction sites throughout Northern Virginia. OSHA forklift operator certification requirements exist for a reason: these machines weigh several times what a passenger vehicle weighs and move unpredictably in tight spaces.
Common causes of accidents include tip-overs, pedestrian strikes, inadequate operator training, and poorly maintained equipment. Nationally, forklifts were linked to 84 work-related deaths in 2024 and more than 25,000 nonfatal injury cases across 2023 and 2024 combined, according to National Safety Council data. Fairfax County has seen these incidents firsthand, including a fatal accident at a retail location in the Merrifield area that drew a Fairfax County Police investigation and Virginia occupational safety involvement.
Steps to Take After a Forklift Injury in Virginia
The actions you take in the days after a forklift injury directly affect your claim. Virginia requires injured workers to report the injury to their employer no later than 30 days from the date of the accident, or 60 days for an occupational disease. Missing that window can cost you your right to benefits entirely.
After reporting, your employer must provide a panel of at least three medical providers for you to choose from. We help clients navigate that process, connect with appropriate care, and file their Claim Form with the Virginia Workers’ Compensation Commission correctly and on time. One thing we consistently advise: don’t speak with an insurance adjuster before talking to us. Statements made early in the process can be used to deny or reduce a claim.
Hear From Our Happy Clients
At Law Office Of Andrew S. Kasmer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"His team was able to keep me updated throughout the process."I had experienced a rear-end hit and run. I was able to snap a photo of the license plate. I sought litigation and was able to work with attorney John R. Kelly. I am very pleased with his work! I was able to focus on my recovery and was confident he was handling my case. His team was able to keep me updated throughout the process. They were very flexible with my schedule. I have a high demand schedule. Their methods of communication worked for me. The paralegals did change throughout my case. I highly recommend working with John. He was able to settle my case. In the end he was also able to earn extra funds for me. I feel very blessed to end this journey and will definitely reach out to work with attorney John R. Kelly again! I definitely recommend working with him!
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"They did an excellent job for me without any complications."I can recommend attorney Andrew Kasmer and attorney Adriana Segovia. They did an excellent job for me without any complications. They are very good; my experience with them was 10 out of 10. So if anyone is looking for good lawyers, I highly recommend them
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"Truly a 5-star Experience!"Exceptional Service – Especially Thanks to Berta! I had an outstanding experience with this law firm after my car accident. From start to finish, they handled everything with professionalism, care, and attention to detail.- Oscar A.
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"Satisfaction Guaranteed"Mr. Andrew Kasmer is the best lawyer of all time. I will refer anyone involved in a car accident, or at work to contact the Law Offices of Andrew Kasmer.- Milan F.
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"Lawyers That Truly Care"I highly recommend this law firm. Mr. Holston helped navigate my worker's comp case to a more than satisfactory settlement that would not have been reached on my own.- Melanie C.
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"Work Hard to Get What You Deserve"A wonderful group of attorneys. They worked very hard in my case and set proper expectations to start. I was advised along the way and while my meetings were short and direct to the point, I didn't feel like any of my questions didn't go unanswered.- Frank S.
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"Worth Every Penny"I hired Mr. Kasmer two years ago for a DUI-related incident. He went above and beyond to make sure that I was well-informed and involved in what was going on. I have never had a better experience with a lawyer. I was very confident in his ability.- Jessica T.
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"This Lawyer Is a Winner"Andrew Kasmer is the best lawyer! I do not say that lightly. Mr. Kasmer worked so diligently on my workers' compensation case. He never gave up, counseling me and guiding me through.- Nicole M.
Full Scope of Compensation After a Serious Forklift Injury
The most visible costs of a forklift injury are medical bills and missed paychecks. But serious injuries often carry longer consequences that injured workers don’t always anticipate.
- Permanent Partial Disability: If your injury causes lasting impairment that limits your ability to work, you may be eligible for ongoing benefits based on the documented degree of disability, assessed through the Virginia Workers’ Compensation Commission.
- Vocational Rehabilitation: If the injury prevents you from returning to your previous job, vocational rehabilitation services can help you transition to suitable work, and those services may be covered as part of your claim.
- Death Benefits and Wrongful Death Claims: If a forklift accident results in a fatality, surviving family members may receive death benefits through the employer’s workers’ compensation insurance. Where a negligent third party contributed to the death, a separate wrongful death claim may also be available against that party.
Talk to a Prince William County or Fairfax Forklift Injury Attorney at No Cost
You don’t need to figure out which claims apply or how to file them on your own. We handle the legal complexity while you focus on recovery. We take forklift injury and workers’ compensation cases on a contingency basis: you pay nothing unless we recover compensation for you.
Call Law Office Of Andrew S. Kasmer at (571) 350-8562 or contact us through our website to schedule your free consultation. We serve injured workers throughout Fairfax County and Prince William County, and we offer services in Spanish.