NYC Forklift Accident Injury

New York City’s ever-expanding infrastructure means construction is a constant, ongoing process. Working in the construction industry entails inherent risks, including serious accidents and injuries caused by forklifts—vehicles that amount to thousands of pounds of moving metal equipment.

If you’ve been injured in a forklift accident in New York City, you may wish to explore your options for financial recovery with a NYC construction accident attorney. Obtaining the compensation you deserve allows you to focus your attention on healing.

Call our firm at (212) 564-2800 today.

What Causes Forklift Accidents In NYC?

Operating a forklift requires sufficient training to meet Occupational Safety and Health Administration (OSHA) requirements as well as diligent operator attention to reduce the risks of serious accidents. The most common causes of forklift accidents include the following:

Carelessness or recklessness during forklift operation
Inadequate training
Improper safety procedures
Inadequate maintenance
Operating the forklift at excessive speed
Inadequately secured loads
Defective equipment or parts
Impaired operating

Forklift injuries most often occur among workers, including in collisions, rollovers, and crush accidents; however, a non-employee bystander or pedestrian may also be injured by a forklift in a New York City construction zone.

Understanding Forklift Injury Severity

Forklifts are made of heavy-duty steel alloy forged for the strength and durability to lift and carry heavy loads. A forklift injury can cause severe injuries, including the following:

Single and multiple fractures
Neck injuries
Back injuries
Crush injuries
Traumatic brain injuries (TBIs)
Traumatic amputations
Spinal cord injuries
Internal bleeding and internal organ injuries
Lacerations, contusions, and abrasions
Soft-tissue injuries such as sprains, torn ligaments, strains, and tendon damage

In the worst cases, a forklift injury can cause an employee’s or bystander’s wrongful death.

Who Is Liable for a NYC Forklift Accident?

Nearly all New York employers must carry workers’ compensation insurance. When an employee suffers a forklift injury on the job in New York City, this insurance generally protects the employer against a lawsuit, unless the employer’s actions were intentionally wrongful; however, an injured employee can file a workers’ compensation claim to cover their medical expenses and lost income.

If the workplace injury was caused by a non-employer, such as a contractor or subcontractor, the injured worker can file a lawsuit to recover their losses. Unlike a workers’ compensation claim, a personal injury lawsuit allows the injured party to seek additional compensation for non-economic damages, such as pain and suffering.

If a forklift injury occurs to a pedestrian, bystander, or other non-employee, the injury victim may recover the full compensation available to them through a lawsuit against the responsible employer or other entity.

What Can I Recover In a Forklift Accident Claim In NYC?

An injury victim harmed by a forklift doesn’t have to be left with the financial impacts of the accident as well as the pain, trauma, and potential disability. A successful claim can recover the following through workers’ compensation:

Payment for medical expenses and future medical costs
Over 66% of lost wages
Disability payment
Workplace fatality compensation to a spouse, parent, or child after a fatal forklift injury

Or, if the at-fault party is not the injury victim’s employer, they may also recover compensation for pain, suffering, and permanent or catastrophic injury — contact a workers’ compensation lawyer in NYC today.

How Can a NYC Forklift Accident Lawyer Help My Case?

Whether through workers’ compensation or a personal injury lawsuit, most claims are made against the appropriate insurance company. Unfortunately, an insurance company’s goals to protect its profits conflict with your goal to obtain the full compensation available to you.

Instead of leaving your forklift injury claim in the insurance adjuster’s hands, call or contact The Law Offices of Jay S. Knispel online to learn more about your legal rights.