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Posted Mar 19th, 2011
My husband was backed over by forklift that did not have an audible backup horn working at time of
injury. According to OSHA regulations 1926.602(a)(9)(i), all bidirectional machines are suppose to
be equipped with an operable horn that should operate when machine is moving in any direction. He
has a catastrophic injury that will not allow him to return to work and do his normal job. My
question is, can the company be held liable for not being in compliance with OSHA regulations and a
personal injury suit filed in addition to workman comp claim?

Additional Details:
My husband was backed over by forklift that did not have an audible backup horn working at time of
injury. According to OSHA regulations 1926.602(a)(9)(i), all bidirectional machines are suppose to
be equipped with an operable horn that should operate when machine is moving in any direction. He
has a catastrophic injury that will not allow him to return to work and do his normal job. My
question is, can the company be held liable for not being in compliance with OSHA regulations and a
personal injury suit filed in addition to workman comp claim?
Legal Topic Area: Environmental Law in GA

In Georgia, the workers' compensation law is almost impossible to penetrate. The remedy you would have is for a defective product, namely the forklift which was missing the safety device. You can bring a case against the manufacturer of the forklift. The workers' comp bar would not stop your case against a third party for a defective product which it manufactured. I used to represent a forklift manufacturer which was regularly sued by workers injured on the job by using the product.


Answered on Aug 19th, 2011 at 11:55am