Forklift Construction Accident

According to the Occupational Safety and Health Administration (OSHA), forklifts are the cause of 85 deaths every year. Forklifts are quite useful. However, they are also quite dangerous and accidents could be fatal. 

Who is liable in a forklift accident? How much is your forklift accident claim worth? Can you sue the forklift rental company?

These are questions our New York forklift accidents lawyers can help you with. We helped many New York residents recover the compensation they deserve. Get in touch today to speak with a qualified lawyer.

Federal law regulating forklift operation in the state of New York

It is unlawful under federal law for a person who hasn't attained the age of eighteen years to operate a forklift or for a person who is over the age of eighteen years of age to operate a forklift without proper certification or qualification. Employers are expected to ensure that an operator of a forklift is competent.

Causes of forklift accidents

• Speeding: This happens when forklift drivers drive too fast. 

• The forklift is operated with an elevated load: When a worker drives a forklift with an elevated load, it makes it difficult to see , thus makes it quite hard for the forklift to be operated and could cause crashes.

• Where the forklift operator is not qualified: Training of forklift drivers is necessary to ensure forklift safety. When a driver is not properly trained in the operation of a forklift, accidents are bound to happen.

• Using the forklift for things which it is not meant for by the operator.

• When the Operator does not park the forklift properly

• When a mechanical failure occurs

Being the powerful monstrosities that they are, there are a variety of ways forklifts can cause accidents. These are some of the accident scenarios with a forklift: 

• Where a worker in the site is struck by the forklift.

• Where the operator falls from the forklift.

• Where a worker is struck by a heavy load which falls from the Forklift.

• Where a back-up collision occurs

• Where the forklift falls off the dockside

• Where a worker is electrocuted by the forklift.

Injuries caused by forklift accidents

Forklifts can also cause a variety of nasty injuries. Some of them include:

• Paralysis
• Brain injury
• Spinal cord injury
• Amputation
• Fracture
• Internal organs injuries
• Death

Steps to take if you've been hurt in a forklift accident

You should take the following steps after suffering a forklift accident: 

Get medical care

It is important to get medical attention as soon as possible even if you've not been hurt or your injuries are not obvious. You might be injured without you knowing, so it is advised you visit the hospital where a thorough check up will be done to ascertain your condition.

Report your injury

Usually, workers are afraid of reporting their injury due to retaliation from their employers. However, you are entitled to report your injury no matter how minor. Federal Law protects you in situations like this.

Hire the services of a personal injury lawyer

This is very important. An experienced personal injury lawyer will help you through the process and make sure you get adequate compensation.

Who is liable in a forklift accident?

When a forklift accident occurs, any or all of the following people could be liable: 

• Your Employer
• The Manufacturing company
• The Rental Company
• The Maintenance Company

An experienced New York construction law attorney will help you in the process of determining who would be liable for the injuries and loss you've suffered from the forklift accident

Contact us to help you

Getting compensation for the loss and injuries suffered is not always straightforward. Employers and contractors would want to put the blame on you in order to avoid responsibility.

At Oshan and Associates, P.C. our New York construction law attorneys will help you put together a winning claim. We have the experience and the legal expertise to help you secure a befitting compensation.

Get in touch with us online for a free 'no obligation' consultation here or call us at (206) 335-3880 or (646) 421-4062.

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