Forklift Accidents

A forklift is an industrial vehicle commonly found on construction sites, warehouses, and manufacturing facilities across Westchester County, where these pieces of equipment lift, carry, and move heavy materials like bricks, steel, and lumber. Forklifts, as their name suggests, are equipped with a set of forks at the front, which can be raised or lowered to lift loads. Forklifts reduce the manual labor required to move heavy items, but their top-heavy design and their use on crowded construction sites, where there are also many workers on foot, can and does lead to accidents.

Forklift accidents are more common than many people realize, and they can result in serious injuries or even fatalities. If you’ve been injured in a forklift accident or have lost a loved one due to one, reach out to our team at The Law Office of Mark A. Siesel for a free consultation with a forklift accident lawyer who can explain any options you may have for seeking compensation.

Causes of Forklift Accidents

No two forklift accidents are the same, but many happen for similar (and preventable) reasons. Common causes for these workplace accidents include:

• Operator Error. Inadequate training, inattention, or fatigue can lead to operator mistakes. Forklift operators need to understand the machine’s limitations and how to safely navigate busy work environments.
• Poorly Maintained Equipment. Just like any heavy machinery, forklifts require regular maintenance. Worn-out tires, malfunctioning brakes, and other mechanical failures can occur if forklifts are not regularly checked and repaired.
• Unsafe Work Environments. Crowded aisles, poor lighting, and inadequate signage can create unsafe conditions. Slippery floors or uneven surfaces are also common hazards in warehouses, industrial sites, and on construction sites.
• Lack of Safety Protocols. Correct use of seatbelts, proper load balancing, and speed limits are just some of the protocols that employers should enforce to reduce the risk of injuries at work.

Types of Forklift Accident Injuries

While some forklift accidents are minor, many are catastrophic due to the size of weight of the machinery. In addition, operators and laborers working around forklifts usually have few layers of protection. Some of the most common injuries sustained in forklift accidents include:

• Crush Injuries. If a forklift overturns or a worker is caught under one, crush injuries can occur, leading to severe trauma, broken bones, or internal injuries.
• Falls. Forklift operators and nearby workers can fall from heights or be struck by falling loads, which can result in broken bones, head injuries, and other serious injuries.
• Back Injuries. Operating a forklift for long hours or with improper posture can lead to musculoskeletal injuries.

Any injury sustained in a forklift should be treated seriously. If you have been injured, contact 911 if there is any chance you may have suffered an internal injury, head injury, or other potentially serious injury. Even if you feel “fine” initially, you could still be seriously injured and getting medical help fast can improve your prognosis.

Your Legal Rights in Westchester County After a Forklift Accident

In New York, if you’ve been injured in a forklift accident, you may have the right to pursue compensation through a personal injury lawsuit. Depending on the circumstances, you might be able to seek damages for pain and suffering, past and future medical expenses, past lost earnings and loss of future earnings capacity, and any additional losses.

If you were injured in a forklift accident as part of your work duties, you may also have a workers’ compensation claim. In fact, many workers apply for workers’ compensation first, since this is a benefit provided by most employers. The challenge is that workers’ compensation only covers part of your past earnings and does not provide compensation for pain and suffering. Workers’ compensation does, however, protect employers from lawsuits, so if you have been injured on the job, consult with a forklift accident lawyer. An experienced attorney can explain whether you have a personal injury claim, which allows you to pursue fuller compensation.

Challenges Workers Face When Seeking Compensation for a Forklift Accident

Workers often encounter several hurdles that can affect the amount of compensation they receive. In many forklift accident cases, for example, it can be difficult to pinpoint exactly who is at fault. The accident may involve multiple potentially liable parties, such as the forklift operator, the employer, or even the manufacturer of the equipment. In many cases, it is not immediately clear who or what caused the accident.

 To successfully seek compensation through a personal injury claim, workers must also prove that negligence played a role in the accident. This is made even more complicated by the fact that employers are protected from liability through workers’ compensation insurance. It is only in specific cases that an injured worker may have a third-party claim.

Another challenge that workers in Westchester County face is insurance companies. Insurers may try to reduce the amount of compensation offered or deny claims altogether. In many cases, for instance, injuries sustained in forklift accidents may not always be immediately apparent. Insurance adjusters and employers may use any delay in seeking medical treatment or any delay in diagnosis to argue that the injury was not as serious as initially claimed.

Many workers are also afraid to file a claim for fear of retaliation. This situation is made worse by the complexity of New York’s workers’ compensation laws and personal injury laws. Workers often struggle to understand what is covered under workers’ compensation and struggle to grasp whether they have personal injury claims.

All of these challenges are why it is important to consult with a forklift accident attorney soon after your injury. An experienced attorney can investigate your accident to find any liable parties and can explain whether a workers’ compensation claim or third-party claim makes sense in your situation. An experienced lawyer will negotiate with insurance companies for you and will build a strong case so insurance companies cannot easily deny or minimize your claim.

What to Do After a Forklift Accident on a Construction Site

It can be difficult to stay calm after a serious accident on a construction site, but it is important to about a strategy. Here is what you will want to do:

• Seek medical help. Always seek medical attention, even if your injuries seem minor. Only a doctor can properly diagnose any possible injury, and the sooner you seek medical attention the more firmly you can establish the connection between a workplace incident and your injury. If you are seriously injured at work, have someone at work call 911 for you so you can get emergency help.
• Report the incident. Notify your supervisor, employer, or site manager about the accident as soon as possible. This starts the legal process, and any delay at this stage can be used against you later.
• Keep evidence. If you can, take photos of the scene, your injuries, and any equipment involved in your workplace injury. Also, collect the contact information of any witnesses. When you visit doctors, get records and test results, if you can. Keep detailed records of your injuries, treatments, expenses, time missed at work, and doctor visits.
• Contact a lawyer. A lawyer can help you establish how much your injuries may end up costing you and may be able to help you pursue fairer compensation. It can be valuable to at least get an attorney’s opinion about what you can do to secure the resources you need to pay your bills after a serious injury.

After an injury at work, it’s important that you avoid making any statements that could be interpreted as an admission of liability or that could be used against you. Even automatically saying “I’m okay” after falling at work can be used by the insurance company to try to minimize your claim. Try to avoid saying much and document every impact your injury has on your life.

You will also want to avoid signing any documents or making any statements until you speak with a workplace accident injury lawyer. A lawyer can explain exactly what you should say or do to avoid hurting your claim.

How a New York Forklift Accident Lawyer Can Help

Forklift accident cases can involve multiple liable parties and your employer will enjoy significant protections through workers’ compensation and other insurance policies. At the same time, while workers’ compensation benefits are meant to provide you with a lifeline when you’re injured, many employees find they encounter problems when they seek their benefits. Benefits may be denied or delayed. In some cases, benefits do not pay for the bills or for all injury-related expenses, potentially leaving you in financial trouble.

A personal injury lawyer with experience in construction accident and forklift accident cases may be able to help. An attorney with this experience can investigate your accident, determine whether you have a third-party claim, and take care of negotiation with insurance companies for you. Should you have a third-party claim, your attorney can aggressively pursue full compensation, so you have the resources you need to take care of yourself after your injury.

Contact a New York Forklift Accident Lawyer Today

Have you been injured in a workplace accident or diagnosed with an occupational injury? If you’re anywhere in Westchester County, New York City, the Hudson Valley, or surrounding areas, contact The Law Office of Mark A. Siesel for a free consultation. Our law firm stands out for our decades of experience. Many of our clients become friends because we genuinely care and our founder, Mark A. Siesel, works directly with clients on their cases.