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Forklift construction accidents can lead to head injuries, spinal cord injuries, and other life-changing injuries. Unfortunately, thousands of forklift injuries occur annually, most being completely preventable. If you or a family member has been harmed in a forklift accident, Lipsig Freund & Wisell, PLLC, would like to review your legal options. As always, our New York City forklift construction accident attorneys will move quickly to protect your rights.
Common Forklift Accidents
An estimated 75 to 100 fatalities occur due to forklift accidents each year. The most common types of forklift accidents include:
Forklift Toppling Over
A forklift can become unstable if the vehicle’s center of gravity shifts too far from the wheelbase. This can cause the vehicle to topple over. Additionally, a forklift can capsize if the operator takes a sharp turn, accelerates suddenly, or stops abruptly. The vehicle’s risk of toppling over increases if driving on a wet or uneven surface. To prevent capsizing, workers should follow OSHA-mandated speed limits and slow down around turns.
Employees Falling from Forklifts
Forklift falls are among the most common, with workers suffering catastrophic injuries and even death. Common injuries include traumatic brain injuries, spinal cord injuries, and broken bones. Causes may include not employing proper safety measures, improper operation of the forklift, or a lack of communication between the operator and another employee.
Employees on Ground Level Being Struck by a Forklift
A forklift could potentially pin a pedestrian beneath it, resulting in injuries and fatalities. With many employees working in close quarters with forklifts, this is becoming far too common. Causes of an employee being struck include improperly secured loads, operator inattention, or a lack of warning signs or signals. To prevent injury, OSHA requires that powered industrial trucks (including forklifts) not be driven up to anyone standing in front of a bench or other fixed object.
Falling Loads
A pedestrian (worker on the ground) can be struck by a falling load due to it being improperly secured or unbalanced. In some cases, frequent overloading may cause the forks of the truck to become bent. This increases the risk of a load falling and striking other workers.
Defective or Malfunctioning Equipment
In some situations, a forklift accident may be caused by a mechanical error or design flaw. This can impact steering, braking, and speed control. While defective equipment may be the root cause of your injuries, irregular maintenance may ultimately be to blame. Before taking legal action against a manufacturer or distributor, be sure to inspect maintenance records.
Workers’ Compensation versus Third-Party Claim
Which party is at fault for your forklift accident will determine whether you pursue workers’ compensation or a third-party claim. Generally, workers’ compensation covers injuries that occur in the scope of your employment, regardless of fault. Although you have two years from the date of injury to file a workers’ compensation claim in New York, you must notify your employer within 30 days.
In contrast, a third-party claim may be pursued if liability lies with an equipment manufacturer, subcontractor, or property owner. In New York City, it is possible to pursue both claims simultaneously. To determine which course of action is most appropriate, you should speak with our New York City injury attorneys.
Injured? Reach Out to Our New York City Forklift Construction Accident Lawyers
At Lipsig Freund & Wisell, PLLC, we know that a forklift accident on a construction site can be terrifying. Even if you take proper measures, forklift accidents can take place when you least expect them. To discuss what legal remedies may be available to you, contact our New York City forklift construction accident attorneys online or by calling (212) 285-3300 today.