{ "@context": "https://schema.org", "@type": "FAQPage", "name": "I got hurt by a forklift on the job but it's a workers comp only state, can I sue anyone?", "description": "No suit against employer, but sue third parties like other operators, manufacturers, or contractors if negligent.", "url": "https://justworkcomplaw.com//faq/general-i-got-hurt-by-a-forklift-on-the-job-but-it-s-a-workers-comp-only-state-can-i-sue-251", "mainEntity": [ { "@type": "Question", "name": "I got hurt by a forklift on the job but it's a workers comp only state, can I sue anyone?", "acceptedAnswer": { "@type": "Answer", "text": "No suit against employer, but sue third parties like other operators, manufacturers, or contractors if negligent.", "description": "**In most states including Utah and Idaho, workers' comp is your primary remedy barring lawsuits against your employer, but third-party claims are possible.** If a co-worker from another company, defective equipment manufacturer, or negligent contractor caused it, you can sue them separately.[5][6] Key factors: Prove negligence via surveillance, OSHA citations, or maintenance failures; gross negligence by employer might allow exceptions; examples include $20M verdict for runaway forklift and $5.3M for malfunction.[2][4] Preserve evidence like videos and expert reports. Hire an attorney to identify liable parties beyond workers' comp for pain/suffering damages. Acting fast preserves options." } } ] }