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A staple of most construction sites is the forklift. They are most often used to transport heavy materials that would otherwise be difficult, unsafe, or impossible for construction workers to carry themselves. They are a valuable resource used to ensure that construction projects are completed quickly and safely, but they also pose a risk to anyone on a construction site. Forklift operators undergo strict training and must adhere to stringent guidelines. However, this does not always result in a safe work site. Accidents can occur due to lack of training, negligence, or faulty equipment. Though forklift accidents are rare (less than 1% of all workplace accidents), they account for nearly 10% of all injuries that occur on the construction site. If you have suffered a forklift injury as a result of an accident on the job, you may be entitled to worker’s compensation benefits and/or have the ability to sue a third-party that caused the accident. Working with a prominent construction accident lawyer in New York can help to ensure that you receive fair compensation for your injuries, not just a quick payout. Don’t wait until it is too late to pursue worker’s compensation benefits or file a personal injury suit in court (if necessary). Give our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP a call to schedule your free initial consultation today.
HOW A FORKLIFT INJURY OCCURS
Forklifts are powerful machines. If the operator mishandles it, there is a malfunction, or hazardous site conditions prevalent, it could lead to severe injuries. Though not all injuries can be prevented, being aware of how a forklift injury is most likely to occur will increase your vigilance and potentially keep you out of harm’s way. Forklift injuries happen most often for the following reasons:
- Hazardous construction site conditions
- Load falling off of a forklift
- A worker being struck or run over by a moving forklift
- Failure to properly inspect, maintain, repair, or replace an aging forklift
- Falling from a forklift
- Forklift defect or malfunction
- Forklift driver speeding or driving recklessly
- Lack of posted safety rules or failure to follow the rules
- Lacking communication between forklift operator and other construction workers
COMMON TYPES OF FORKLIFT INJURIES
A forklift injury is not like most other types of workplace injuries. It involves an accident with a heavy and dangerous vehicle that can be very unforgiving to unsuspecting victims. There are countless types of forklift injuries that can occur on a construction site. However, the most common injuries include:
- Injuries related to being crushed
- Head and traumatic brain injuries
- Neck and spinal cord injuries
- Broken bones
- Electrocution and burns
- Loss of hands, legs, or arms
WHO IS AT FAULT IN A FORKLIFT ACCIDENT?
In most cases, employees are covered by worker’s compensation (which all construction company’s in New York must carry). Worker’s compensation will pay for lost wages as well as medical bills incurred as a result of the forklift injury. In some cases, a third-party may be at fault. A third-party lawsuit can be filed only if the individual or company at-fault is not the injured worker’s employer. Additionally, if labor laws were broken or not adhered to by your employer, you may be able to seek additional compensation. Worker’s compensation laws can be complex. If you have suffered a forklift injury, seek the counsel of an experienced construction accident lawyer in New York at your earliest convenience.
WHEN TO CALL A CONSTRUCTION ACCIDENT LAWYER IN NEW YORK
Suffering an injury on the construction site can be life-changing. There is a chance that you will miss work, lose wages, and potentially lose your ability to live as you once did. With the stakes so high, it is recommended that you connect with a proven construction accident lawyer in New York before you pursue a worker’s compensation claim. A reputable attorney will help you to identify the at-fault party and advise you on the worth of your case. All too often, insurance companies make an initial “low ball” offer that does not cover all of your lost wages and the full extent of your medical bills. Don’t be tempted to take an offer that is not up to par. Give our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP a call to discuss your case and schedule your free initial consultation today.