Forklift Accident Lawyers
Accidents happen for various reasons. Sometimes, the equipment used fails or those who operate that equipment make mistakes. Forklifts, for example, are highly powerful machines that can cause significant injury if used improperly. Forklifts are an important part of many industries including within warehouses and distribution centers, retail locations, commercial and residential construction, utilities, and many others. Yet, proper operation is essential to keeping everyone safe.
If you’ve suffered a forklift injury, our personal injury attorneys can help you. These types of injuries can happen to workers or bystanders. We are happy to offer you a free case review to discuss your incident at length. Contact us to discuss your case.
Types of Forklift Accidents
Workplace accidents, in general, are rather common. According to the Bureau of Labor Statistics, 2.9 million workplace injuries and illnesses were reported in 2016. There are many of these incidents that involve falls or equipment mistakes. Forklift accidents are a part of this.
Individuals who suffer from any type of accident like this can suffer from broken bones, loss of a limb, or even death. That is why OSHA has specific rules on when these can be used and how. OSHA’s powered industrial trucks rules, which includes forklifts, must be operated by those who are properly trained. And, the equipment must be properly maintained.
Forklift injuries and deaths occur for many reasons. This includes:
- Poor training or ongoing training for employees
- Poorly stacked loads, sometimes done to rush through the job
- Unsafe speed of operation
- Distracted operators
- Older or poorly maintained equipment
- Unsafe use due to a lack of the proper tools
Even when everything is operating normally, accidents can occur. This can create a situation of negligence for anyone involved.
What Determines Negligence in Workplace Injuries?
When an injury occurs at work as a result of using a forklift, no matter who causes it, this often files under workers compensation coverage. Workers should be able to file a workers compensation claim with the employer. From there, individuals can seek out compensation for losses. This includes compensation for lost time at work, medical bills, and other losses that occur as a result of the incident.
If you are an employee and you suffer an injury as a result of a forklift operated during work hours or for work purposes, you should be given the right to file a workers compensation claim. If this does not happen, contact a personal injury or workers compensation attorney immediately.
What If You’re a Third Party Bystander Who Is Injured?
Another type of incident can occur when a non-employee is hurt as a result of a forklift. For example, a company may be operating the forklift in an area where pedestrians are located. This would create an unsafe situation. If a third party individual – who is not an employee or affiliated with the company – is hurt as a result of a forklift incident, that individual has the right to file a claim for losses through the company’s liability insurance.
What Steps Should You Take If You’ve Suffered a Forklift Accident in NY?
After a forklift incident occurs, the first step is always to seek the necessary medical care. And, if it is a third party claim, contact the company’s insurance company to file a claim. You can also contact the police to document your case. From there, contact a personal injury attorney to discuss your case at length. That’s critical because insurance companies will try to rush you to settle – long before your medical care is met fully. There is no need to rush.
Compensated for Your Forklift Injury
If you’ve suffered after a forklift accident financially, you should be able to file a claim for your losses. To do so, gather all of your costs related to the incident. This should include all lost income and wages, all medical bills (both short and long-term) as well as any pain and suffering claims.
Then, work with our legal team. We’re happy to help you to learn what type of settlement you are owed, how to file a comprehensive claim and help you take the next step.
Contact Our New York Personal Injury Attorneys to Discuss Your Case
If you’ve suffered a forklift accident injury, contact The Law Offices of Siler & Ingber, LLP. We will provide you with a free case review to discuss your accident. We’re happy to provide you with information about whether or not you have a case and the steps you can take to obtain any compensation owed to you.