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NYC Forklift Accidents

Forklifts, also known as lift trucks or powered industrial trucks, are essential in workplaces, warehouses, and construction sites across New York City. They are commonly used to move materials, boxes, crates, pallets, and containers. However, without proper safety training, forklift operators risk causing serious workplace accidents.

Many forklift accidents occur due to inadequate safety training, leading to dropped loads and collisions with pedestrians. These incidents rank among the most common causes of serious workplace injuries.

Types of Forklift Accidents

Types of Forklifts & Forklift Accidents

Forklift accidents can result in severe injuries or fatalities. Some common types include:

Tipping Over

Forklifts can tip over if they are overloaded, operated on uneven surfaces, or driven too quickly around corners. When a forklift tips over, it can crush the operator or nearby workers, leading to severe injuries or death.

Struck by Forklift

Workers on foot in the vicinity of forklifts are at risk of being struck by the vehicle, particularly if the operator fails to see them or if proper safety precautions are not followed.

Falling Objects

Forklifts are often used to lift heavy loads, which can become unstable or fall if not properly secured. Workers below are at risk of being struck by falling objects, resulting in serious injuries.

Common Types of Forklifts & Associated Risks

Forklifts also come in various types, each posing unique risks and hazards. Understanding these hazards is crucial for preventing accidents and ensuring workplace safety. Here are some common forklifts and their associated risks:

Electric Motor Rider Trucks

Electric motor rider trucks are commonly used in warehouses and industrial settings for their efficiency and maneuverability. However, they pose risks such as:

  • Tip-over accidents: These forklifts have a higher center of gravity, making them prone to tipping over when carrying heavy loads or navigating uneven terrain.
  • Collision hazards: Due to their quiet operation, electric motor rider trucks can be difficult to hear in busy work environments, increasing the risk of collisions with pedestrians or other equipment.

Electric Motor Narrow Aisle Trucks

Electric motor narrow aisle trucks are designed to operate in confined spaces, maximizing warehouse storage capacity. However, they present unique hazards:

  • Limited visibility: Narrow aisle trucks have restricted visibility, increasing the risk of collisions with stationary objects, racks, or other forklifts.
  • Pinching hazards: Workers may be at risk of getting caught or pinned between the forklift and narrow aisles or shelving units, especially during tight maneuvers.

Electric Motor Hand Trucks (Pallet Jacks)

Electric motor hand trucks, also known as pallet jacks, are commonly used for moving palletized loads over short distances. Hazards associated with these forklifts include:

  • Manual handling risks: Workers may be at risk of musculoskeletal injuries due to repetitive lifting and maneuvering of heavy loads using hand-operated controls.
  • Crushing injuries: Inadequate training or improper use of hand trucks can result in crushing injuries if the load shifts or falls unexpectedly.

Internal Combustion Engine Trucks (Solid Tires)

Internal combustion engine trucks with solid tires are commonly used in outdoor environments and rough terrain. However, they present hazards such as:

  • Overturning risks: These forklifts may be unstable on uneven surfaces or slopes, increasing the risk of tip-over accidents.
  • Vibration hazards: Prolonged exposure to vibrations from rough terrain or uneven surfaces can cause musculoskeletal disorders in operators.

Internal Combustion Engine Trucks (Pneumatic Tires)

Internal combustion engine trucks with pneumatic tires are versatile and can operate both indoors and outdoors. However, they pose the following:

  • Tire blowouts: Pneumatic tires are susceptible to punctures or blowouts, especially when operating in rough terrain or around sharp objects, posing risks to both operators and nearby workers.
  • Visibility challenges: Dust, debris, or inclement weather conditions can obscure visibility, increasing the risk of collisions or accidents.

Electric & Internal Combustion Engine Tractors

Electric and internal combustion engine tractors tow heavy loads or transport materials over longer distances. Hazards associated with these forklifts include:

  • Roll-over accidents: Tractors towing heavy loads may be prone to roll-over accidents, especially when navigating tight turns or slopes.
  • Coupling hazards: Improper coupling or uncoupling of trailers can result in crushing injuries or accidents during loading and unloading operations.

Rough Terrain Forklifts

Rough terrain forklift trucks are designed for outdoor use on uneven or unpaved surfaces. However, they present hazards such as:

  • Stability challenges: These forklifts may be less stable on rough terrain, increasing the risk of tip-over accidents or loss of control.
  • Environmental hazards: Operating in outdoor environments exposes operators to various hazards, such as extreme weather conditions, uneven terrain, or obstacles, increasing the risk of accidents or injuries.

Common Forklift Injuries

Forklift accidents can lead to a wide range of injuries, including:

  • Crushing Injuries: Often severe, these injuries occur when individuals are trapped beneath forklifts or loads.
  • Traumatic Brain Injuries: Result from collisions or being struck by loads, potentially leading to long-term impairment.
  • Amputations: Heavy loads and machinery can cause irreversible damage.
  • Musculoskeletal Injuries: Sprains, fractures, and overexertion injuries are common.
  • Soft Tissue Injuries: Cuts, bruises, and lacerations occur from contact with moving machinery.
  • Psychological Trauma: PTSD, anxiety, and depression may result from forklift accidents.
  • Fatal Injuries: Tragically, forklift accidents can result in fatalities, highlighting the need for strict safety measures.

Types of Forklift Accidents

Forklift Safety Regulations in New York

OSHA mandates that forklift operators slow down and sound their horn at cross aisles or areas with obstructed vision. In New York, all forklift operators must be licensed and receive proper training before operating the machinery. Employers are responsible for ensuring compliance with safety guidelines to prevent accidents.

Despite these regulations, poor operator training and disregard for safety standards contribute to many forklift accidents. Employers must prioritize safety training to reduce risks and protect workers.

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Liability in NY Forklift Accidents

Determining liability in a forklift accident can be complex, as multiple parties may be responsible:

  • Employers: Employers in NY have a legal obligation to ensure a safe working environment for their employees, including providing adequate training, maintenance, and safety equipment for forklift operators.
  • Forklift Operator: If the accident was caused by the forklift operator’s negligence or reckless actions, they may be held liable for any resulting injuries or damages.
  • Forklift Manufacturer: If the accident was caused by a defect in the forklift or its components, the manufacturer or distributor of the forklift may be held liable for any injuries or damages caused by the defect.

Forklift Rental Companies

If your employer rents a forklift from a rental company and you are injured, it may be the rental company’s fault. They are supposed to provide regular maintenance for forklifts and ensure those who use them are properly trained.

The largest forklift rental companies in New York include:

Proving Fault in a Forklift Accident Case

To establish fault in a forklift accident, you must prove that another party—such as an employer, property owner, or equipment manufacturer—was negligent. This involves demonstrating the following elements:

  • Duty of Care: The responsible party had a legal obligation to ensure a safe environment.
  • Breach of Duty: They failed to uphold this duty through negligent actions or inaction.
  • Causation: Their negligence directly led to the forklift accident.
  • Damages: You suffered injuries and financial losses as a result.

To support your forklift accident claim, you will need strong evidence, such as:

  • Eyewitness statements
  • Workplace safety reports
  • Training records
  • Expert testimony
  • Photographic or video evidence

For example, if your employer failed to provide proper forklift safety training, and this negligence resulted in an operator error causing your injuries, you may have a valid claim.

Compensation & Damages after a Forklift Accident

In the aftermath of a forklift accident, understanding the compensation available for your injuries is crucial. You may pursue compensation for various damages, including:

Medical Expenses

This covers the costs of medical treatment, hospitalization, surgeries, rehabilitation, medications, and other healthcare-related expenses incurred due to the accident.

Lost Income

If your injuries prevent you from working, you may receive compensation for lost wages, including both past earnings and potential future income that you are unable to earn due to your injuries.

Pain and Suffering

Compensation may be awarded for the physical pain, emotional distress, and mental anguish caused by the accident and your resulting injuries. This aspect of compensation aims to address the intangible suffering experienced due to the accident.

Disability

If the accident results in a permanent disability that impacts your ability to work or carry out daily activities, you may be entitled to compensation for the loss of earning capacity and the decrease in your overall quality of life.

You can pursue fair compensation to cover your medical bills, lost wages, and other losses resulting from the accident through legal action. It’s essential to consult with an experienced forklift injury attorney to understand your legal rights, assess the value of your claim, and navigate the best way to secure everything you’re legally entitled to recover.

How a NY Forklift Accident Lawyer Can Help

If you’ve been injured in a NYC forklift accident, you are protected by New York Labor Law. But many injured workers do not realize that they also may be eligible to file a third-party claim against at-fault parties other than their employer.

At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., we will evaluate what you endured and which parties are liable, determine your current and future losses and help you recover.

A New York forklift accident attorney with our firm can help you collect all relevant records and information and help identify all the at-fault parties that contributed to the accident.

NYC Forklift Accident FAQs

 Is There a Statute of Limitations for Filing a Forklift Accident Claim in New York?

Yes, in New York, the statute of limitations for personal injury claims, including forklift accidents, is generally three years from the date of the accident. However, it’s essential to consult with an attorney to understand specific deadlines that may apply to your case.

Can I Be Partly Responsible for a Forklift Accident and Seek Compensation?

Yes, New York follows a comparative negligence rule, which means you can still seek compensation even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault.

What Should I Do Immediately After a Forklift Accident?

Seek medical attention for any injuries, report the accident to your employer, gather evidence (such as witness statements and photographs), and consult with a personal injury lawyer as soon as possible to protect your rights and preserve evidence.

Can I File for Workers’ Comp After a Forklift Accident?

Yes, if you were injured while performing work-related duties, you may be eligible to file a workers’ compensation claim to receive benefits such as medical treatment, disability payments, and vocational rehabilitation.

Workers’ compensation is a no-fault system, meaning you can typically receive benefits regardless of who was at fault. However, workers comp may not cover everything, and a lawsuit may be necessary to get the compensation you need.

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Contact HKD for Help After a NYC Forklift Accident

If you’ve suffered injuries or losses in a forklift accident anywhere in NYC, turn to Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. Our experienced attorneys are committed to securing the maximum compensation you deserve, backed by decades of success in serious construction and workplace injury cases.

With no up-front costs and payment only upon successful recovery, contact HKD at 212-490-5700 for a free consultation.

 

 

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