New York Forklift Accidents Lawyer
If you have been injured at a construction site by a forklift, contact Frekhtman & Associates today at (866)2888-2929 to speak with an attorney.
One type of machinery often seen on constructions sites is a forklift. Forklifts are helpful in construction projects as they allow for the transport of heavy materials without individual workers having to lift and carry them. This relieves stress on their bodies and allows for more efficient construction work.
Operators of forklifts must be trained on how to safely use this construction equipment. In New York City, owners and general contractors are under pressure to get the job done quickly. This leads to shortcuts in terms of safety, training, supervision, inspections, and monitoring. Shortcuts, unfortunately, lead to forklift accidents. OSHA statistics report nearly 700,000 forklift accidents each year in America.
Types of Forklift Accidents
- worker struck by falling load
- worker run over or struck by a forklift in operation
- forklift overturning
- electrocution
- fall from a forklift
Common Types of Forklift Injuries
- crush injuries
- orthopedic injuries
- degloving injuries
- brain injury
- spinal cord injury
- fractured bones
- paralysis
Another common cause of forklift accidents is the construction site work area design and layout. Examples of hazardous job conditions include:
- construction debris
- failure to clear passageways and aisles
- narrow passageways and or aisles preventing a forklift from passing
- lack of space for a forklift to turn
- lack of safety monitors or flagmen to direct the forklift while it is turning or reversing
- vertical columns, poles, and other obstructions
- ramps, inclines, holes, height differentials, and other construction floor or ground hazards
- poorly maintained loading docks
Other common causes of forklift accidents include
- failure to communicate with other construction workers who are walking near the forklift
- failure to adequately warn others of what the forklift will be doing: reversing, lifting or dropping loads, turning, etc.
- improper or inadequate training of the forklift operator and other personnel
- forklift driver error
- Speeding
- negligent driving
- failing to follow safety rules
- inadequate lighting
- tight intersections in a busy construction site; blind spots
- carrying a load that is too heavy; tip-over accidents
A forklift accident can also occur due to a failure to repair, maintain, and inspect the forklift itself leading to problems with the brakes, mechanics, clutch, and other elements of the machinery.
Who is at fault in a forklift accident?
- Workers’ compensation insurance will pay the injured worker lost wages and medical bills
- A third-party lawsuit can be filed in New York against the individual or company that was at fault as long as it is not the plaintiff’s employer
- The New York State Labor Law statute may be implicated in forklift accidents
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. According to studies, victims represented by a personal injury lawyer receive higher settlement amounts compared to those who handle their cases independently. Here are some of the practice areas we handle: