Brooklyn Forklift Accident Attorney
Were You Involved in a Forklift Accident in New York?
In industrial and construction settings, forklifts are frequently utilized for a variety of important jobs. They are among the most dangerous pieces of machinery on construction sites because they are powerful and large devices that can carry heavy loads overhead. In the United States, forklift accidents cause tens of thousands of fatalities and severe injuries each year, many of which are avoidable.
OSHA estimates that each year in the United States, accidents involving powered industrial trucks result in the deaths of around 85 workers and the serious injuries of another 34,900. Unsuitable training is thought to be a contributing factor in 20 to 25 percent of accidents.
An attorney at Brandon J. Broderick can assist with the accident investigation to determine whether workplace safety measures were in place at the time of the accident and if they complied with OSHA or New York State law.
If you've been injured on a Brooklyn construction site or other commercial setting associated with the use and/or operation of a forklift – whether you are the operator working in close proximity to an operator and a forklift – it's very important that you contact us today to help evaluate your case and determine whether you have a case beyond a typical worker's compensation claim.
Most Common Factors Leading to Forklift Accidents
There are a variety of reasons why a forklift accident may occur. From faulty equipment to improper use, forklift accidents can happen when you’re least expecting it. Here are some of the most commons reasons why:
- Improper forklift operator training
- Forklift maintenance issues
- Pressure on workers to perform tasks faster
- Unsafe forklift operation or workplace design
- Vehicles moving too quickly
- Unstable or incorrectly stacked pallets
- Heavy loads.
Forklifts are incredibly helpful, but if they are used improperly, there is a high risk of injury or death. Their lives are in danger when workers are improperly trained. Inadequate training can have an impact on seasoned workers as well. Responsible employers are aware of the laws and invest in educating their workforce.
Can a Personal Injury Claim be Filed for a Forklift Accident?
Workers frequently have the option to initiate personal injury cases against negligent parties other than their employer, even though workers' compensation is usually the exclusive remedy for those injured on the job. For example, injured workers in Brooklyn may be able to file a personal injury claim for:
- Negligence on the part of a third party, such as that of a property/premises owner or a product manufacturer.
- Violations of New York Labor Law 200, which mandates that site owners and contractors take reasonable precautions to establish safe work environments and guarantee the safe operation of machinery utilized on projects.
- Violations of New York Labor Law 240, which provides for “strict liability” upon owners, contractors, and their agents for failing to adequately protect workers who face dangers associated with operating at heights and other gravity-related risks.
- Violations of NY Labor Law 241(6), which requires that contractors and site owners provide workers on construction, demolition, and excavation sites with reasonable and appropriate protection and safety and establishes liability for such violations of the New York State Industrial Code.
The range of potential damages for victims of forklift accidents can be considerably increased by filing a personal injury claim. Personal injury lawsuits give victims the opportunity to recover the full amount of financial compensation they are owed for their losses, whereas workers' compensation payments are often restricted to medical coverage and a portion of lost wages (disability).
In a personal injury case, you may be entitled to the following damages:
- Loss of quality of life and emotional distress
- Pain and suffering
- Past and future lost wages and benefits
- Past and future medical bills and costs of lifetime care
- Loss of consortium by the spouse
Workers' comp insurers may be entitled to reimbursement of a portion of any benefits granted due to the complicated link between workers' compensation and personal injury claims. For these reasons, you should have an experienced construction accident attorney assess your possible claim and recommend the best course of action.
Our attorneys at Brandon J. Broderick have successfully represented many clients in workers' compensation and personal injury cases in Brooklyn, New York, and can help guide you in determining how to pursue the financial recovery that you and your family are entitled to. We look forward to working for you and helping you during this difficult time.
Forklift Injuries that Typically Happen
Construction workers who are injured in forklift accidents might sustain a wide variety of injuries. Among the possible injuries are:
- Traumatic brain injuries
- Loss of limbs
- Back Pain
- Permanent or partial disability
- Fractured and or broken bones
- Spinal Cord injuries
- Neck pain
We want to help you if your injuries led to lost wages, medical expenses, or a decline in your ability to perform your job at levels prior to the accident. After a forklift accident on a construction site, a Brooklyn forklift accident and injury lawyer from Brandon J. Broderick will fight for your rights.
Speak with Brandon J. Broderick About Your Forklift Accident and Receive a FREE Case Assessment Today
Please do not wait if you are prepared to seek legal representation and pursue compensation for your forklift-related injuries. Ready to assist you is Brandon J. Broderick. Our legal team will fight to get you the money you're entitled to. We offer free case evaluations so that potential clients can learn more about our services and ask any questions they may have.
Call right away to arrange for a free case review. (877) 740-7603.