How Much Compensation Can I Receive For a Forklift Accident?

Compensation for a forklift accident is determined by several factors that include the following: Medical Costs Lost Wages Pain and Suffering

What are some typical forklift accidents?

Common accidents resulting from negligent forklift use include falling off of loading docks, collisions, tip-over accidents, loss of control, failure of forklift brakes or hydraulics, poorly trained operators, and removal of safety systems from the forklift.

What regulations and safety rules apply to the operation of a forklift?

In addition to the safety rules mandated by OSHA, the New York State Department of Labor and Department of Transportation has safety rules and standards for the operation and maintenance of a forklift. The requirements include weight limits, prohibitions on passengers, safety equipment, maintenance checks, and age requirements.

What parties may be liable for an injured party’s damages following a forklift accident?

Potential liable parties include: The forklift’s operator or that operator’s employer Other contractors who are responsible for forklift operations and safety at a job site The manufacturer of the forklift or the persons or entities responsible for its maintenance and repairs Various third parties whose negligence contributed to the forklift accident.

Forklift Accident Lawyer in New York | Construction Site Accidents

The power of forklifts allows construction workers to lift and move loads exceeding 100,000 pounds. However, forklift rollovers, mechanical failures, elevated loads, and improper training can cause severe injuries and fatalities. If you have been injured in a forklift accident on a construction site in New York, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.

For over 50 years, Friedman, Levy, Goldfarb, Green & Bagley, P.C., has championed the rights of injured New Yorkers. In the aftermath of a serious building site injury, a skilled construction accident lawyer can protect your interests and work diligently toward obtaining meaningful compensation on your behalf. Litigation against negligent third parties is often essential for securing the financial resources needed for immediate and long-term medical care. Our dedicated attorneys will leave no stone unturned to get you the best results.

Common Causes of Forklift Accidents

A personal injury claim from a forklift accident means we must thoroughly investigate causation and liability to build a successful case on your behalf. Some of the most common causes of forklift accidents include:

Excessive or unbalanced loads
Loads falling off a forklift
Collisions with workers or other construction vehicles
A forklift falling off a loading dock or other raised area
A forklift tipping over and ejecting the operator from the cab
Failures in forklift maintenance
Faulty components

Guidelines from the Occupational Safety and Health Administration (OSHA) require operators of powered industrial trucks–commonly known as forklifts–to undergo training once every three years. Training includes exercises in stacking, unstacking, driving in different environments, conducting visual and operational checks, and other challenges a forklift driver can expect to encounter on the job. No one under 18 can legally operate a forklift in New York.

In exploring your legal options, our New York construction accident lawyers will investigate the cause of the accident to determine if a construction site owner, general contractor, or other party violated safety protocols.

Common Injuries in a Forklift Accident

A serious forklift accident can result in catastrophic injuries. According to the National Safety Council (NSC), forklifts were the source of 73 work-related deaths in 2022. Common injuries include the following:

Brain injuries: Concussions and other traumatic brain injuries are common and require immediate attention.
Broken bones: Includes broken ankles in a tip-over, crushed wrists, as well as broken ribs, legs, and arms.
Spinal cord injuries: A forklift accident can damage the nerves in the spine, leading to paralysis or chronic pain.

Nearly 70 percent of all New York construction site injuries occur in Manhattan, and workers in this dangerous industry are five times more likely to be killed on the job than in other sectors. If you’re hurt on the job, a forklift accident lawyer in New York can explain what to do along with sound legal guidance.

Forklift Construction Site Accident: Who Can Be Held Liable?

Once we have determined the cause of your forklift accident, we can begin exploring potentially liable parties. Every case presents unique factors and circumstances, but some parties that may be held liable after a forklift accident include:

Site Owners
General and Sub-Contractors
Architects and Engineers
Manufacturers of Construction Machinery or Equipment
Insurers
OSHA Compliance Officer

Insurance companies will likely mount an aggressive defense against a personal injury claim. It is essential to have an experienced forklift accident lawyer advocating for your rights. Our attorneys are well-versed in defendants’ legal strategies to limit—or even deny—compensation to injured construction workers. We use our knowledge of these tactics to launch aggressive and effective legal strategies that benefit injured parties.

What Compensation Is Available?

Workers’ compensation is a primary source of benefits for a forklift accident injury. However, you may discover that workers’ comp insurance payments fail to cover mounting medical expenses or lost income. Employers might also tell their workers that claims for a construction injury are limited to this, but that is not always true.

Sometimes, injured employees can file a personal injury claim if an employer’s intentional conduct caused a construction accident injury or they failed to carry worker’s compensation insurance. Workers can also sue third parties whose recklessness or careless actions caused their accident. Common defendants include manufacturers of defective equipment and construction site managers. A personal injury claim can seek additional compensation to cover damages outside workers’ comp.

Damages in a personal injury claim may include:

All medical bills, including past, present, and future care
Lost wages and diminished future earning capacity
Pain and suffering, emotional trauma, and reduced quality of life
Scarring and disfigurement

At Friedman, Levy, Goldfarb, Green & Bagley, a New York personal injury lawyer will leverage their extensive resources to establish liability and fight for your right to fair and reasonable compensation.

Statute of Limitations

The sooner an experienced forklift injury lawyer can begin working on your case, the better prepared they will be to build a compelling case. Evidence can fade over time. The statute of limitations for most personal injury claims in New York is generally three years. After that deadline, you will no longer have the legal standing to file a claim against the party that contributed to your injury.

Schedule a Free Consultation

At Friedman, Levy, Goldfarb, Green & Bagley, we have a wealth of knowledge and experience to place liability squarely on the shoulders of the responsible parties and recover maximum monetary damages for clients. To schedule a free consultation with an experienced forklift injury lawyer serving all five boroughs of NYC and surrounding areas, contact us today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

New York Forklift Accident Attorney