Forklift construction injuries can be devastating, often resulting in severe physical harm and financial strain for injured New York workers and their family. These accidents can occur due to a variety of factors, including equipment malfunction, operator error, or inadequate safety measures on construction sites. In such difficult times, it's essential to have a dedicated forklift injury attorney by your side to ensure your rights are protected and that you receive the compensation you deserve.
However, forklifts are also the cause of over 100 deaths and thousands of injuries on construction sites each year. When negligence on the part of a third party caused you to be injured by a forklift, you can hold the liable party responsible for compensating you through an injury lawsuit. We explain what might constitute negligent use of a forklift.
The forklift injury attorneys at Hofmann and Schweitzer have a proven track record of successfully representing construction accident victims. With their extensive experience in personal injury law, they are well-equipped to navigate the complexities of forklift injury cases and fight for justice on behalf of their clients. If you or a loved one has suffered a forklift-related injury in New York, Hofmann and Schweitzer can provide the legal expertise and support needed to help you on the road to recovery.
Types of Construction Forklift Injuries Our New York Attorneys Handle
Accidents involving forklifts are often caused by
user error and poor maintenance. Construction workers must be appropriately trained in order to operate a forklift on a construction site, and the equipment must be maintained to high safety standards. Forklift accidents on construction sites can vary in nature, but here are some common types:
Forklift Overturns
Fork lifts can tip over due to uneven terrain, excessive speed, or improper loading, potentially crushing the operator or causing nearby workers to be struck by the falling vehicle.
Falls from Fork lifts
Workers may fall from the elevated platforms of forklifts, such as the operator's cab or a pallet, if they are not secured properly, resulting in serious injuries.
Struck-By Accidents
Forklifts can collide with pedestrians, other vehicles, or structures on the construction site, leading to injuries or fatalities for both operators and bystanders.
Load Handling Accidents
Mishandling loads can cause materials to fall from the forklift, posing risks to anyone nearby. These accidents may also occur during loading and unloading processes.
Mechanical Failures
Forklifts with mechanical issues, such as brake failures or steering malfunctions, can become uncontrollable hazards, potentially causing accidents and injuries.
It's crucial to implement stringent safety measures and training protocols to mitigate the risks associated with forklifts on construction sites and reduce the likelihood of these types of accidents.
These types of accidents can be avoided when construction companies and contractors adhere to New York state safety regulations for the operation of lift and fork trucks.
Safety Regulations for Forklifts on Construction Sites
New York state industrial code outlines rules for the
safe operation of lift and fork trucks on construction sites. A brief summary of these rules includes the following:
Capacity
Every forklift must be labeled with a legible capacity rating, and a forklift cannot be loaded beyond its capacity rating.
Safety features
Forklifts must be equipped with lockable brakes for the truck and for the load-elevating mechanism. Pallet trucks with hand-lift handles must also have an automatic device to secure the raised load.
Operating surfaces
Forklifts must not be operated on uneven surfaces that could cause the machine to tip over.
Packaging of loads
Masonry units must be packaged securely. If wire or tape binding around a masonry unit is broken, the load should not be handled by a forklift. Loaded pallets must be kept level at all times.
Protection of operator
Forklift trucks must have an overhead canopy or screen to protect the driver from falling objects.
Prohibited uses
Forklifts must not be driven with loads lifted higher than is necessary to clear floor obstructions. Standing or riding on the forks of a moving truck is prohibited.
Warning devices
Forklifts must be equipped with a warning signal device that can be controlled by the operator and can be heard above the normal noise level of a worksite.
If you believe that violation of one or more of these rules led to the forklift accident that caused your injuries, you might have grounds for a personal injury lawsuit to recover your damages.
Who Is Responsible for Compensating You for Your Injuries?
If you were injured by a forklift while performing work duties and either you or your employer is to blame for the accident, you would file a workers’ compensation claim to recover medical expenses, lost wages, and disability benefits. However, if a negligent third party caused your accident, you could sue to recover:
- Unpaid medical costs
- Loss of past and future income
- Pain and suffering
A skilled New York construction accident lawyer can help you access the compensation you deserve.