Content reviewed by:
Alex Shulman
Founded in 2013, Shulman & Hill Injury Lawyers represents workers injured in warehouses, construction sites, loading areas, shipping facilities, and other New York workplaces. Our Bronx forklift accident lawyers have more than 200 years of combined experience handling workers’ compensation claims and related personal injury cases.
We can investigate the accident, file your workers’ compensation claim, challenge disputed benefits, and determine whether an outside company may also be liable. Contact us for a free consultation with a Bronx workers’ compensation lawyer.
How Forklift Accidents Happen
Forklifts often operate in tight work areas near employees, delivery trucks, storage racks, and heavy materials. Limited visibility and the weight of the machine can make even a low-speed collision dangerous.
Forklift accidents may occur when:
- A forklift overturns on an uneven surface.
- A driver backs into a worker or pedestrian.
- Cargo falls from raised or overloaded forks.
- A worker is pinned against a wall, shelf, or vehicle.
- The forklift falls from a loading dock.
- Materials block the operator’s view.
- Workers do not receive adequate training.
- A contractor creates an unsafe traffic pattern.
- The work area lacks barriers between forklifts and pedestrians.
Our Bronx personal injury lawyers examine where the machine was operating, who controlled the work area, and what happened before the incident.
Common Forklift Accident Injuries
Forklift collisions, tip-overs, and falling loads can cause injuries that require surgery, rehabilitation, or long-term care.
Common injuries include:
- Traumatic brain injuries and concussions.
- Neck, back, and spinal cord injuries.
- Broken arms, legs, ribs, or pelvic bones.
- Crush injuries to the hands, feet, or torso.
- Internal bleeding and organ damage.
- Amputations.
- Shoulder and knee injuries.
- Severe cuts, scarring, or disfigurement.
- Permanent loss of movement or physical function.
Seek medical attention promptly and tell the provider that the injury happened at work. Describe every symptom, even when one injury seems more painful than the others. Your treatment records will help establish your diagnosis, physical restrictions, and ability to work.
How a Bronx Forklift Accident Attorney Can Help
Your employer and its insurance carrier may begin reviewing the accident soon after it occurs. We conduct our own investigation rather than relying only on the employer’s incident report.
Our legal team may:
- Obtain incident reports and witness statements.
- Request surveillance and job-site video.
- Review forklift inspection and maintenance records.
- Examine training documents and work assignments.
- Preserve photographs and physical evidence.
- Gather medical reports and wage records.
- File workers’ compensation forms.
- Respond to benefit or treatment disputes.
- Represent you at Workers’ Compensation Board hearings.
- Investigate whether an outside company contributed to the accident.
- Review settlement proposals.
We also explain each stage in plain language so you understand what the insurance carrier is doing and what we need from you.
Workers’ Compensation Benefits After a Forklift Injury
New York workers’ compensation generally provides benefits for an employee injured while performing job duties. You usually do not need to prove that your employer acted negligently.
Available benefits may include:
- Necessary medical care for the established injury.
- Temporary wage benefits when the injury prevents you from working.
- Partial wage benefits when your restrictions cause you to earn less.
- Permanent disability benefits for lasting impairments.
- Vocational rehabilitation or return-to-work assistance.
- Death benefits for eligible family members after a fatal accident.
The carrier may dispute whether the accident occurred at work, whether your diagnosis is related to the accident, or whether you can return to your regular position. A Bronx forklift accident attorney can obtain medical and employment evidence that addresses those arguments.
Workers’ Compensation Reporting and Filing Deadlines
Tell your employer about the accident as soon as possible. New York generally requires injured employees to provide notice within 30 days. Written notice is often best because it creates a record of when the injury was reported.
You generally must also file Form C-3 with the New York State Workers’ Compensation Board within two years of the accident. Your employer’s report does not replace your own claim filing.
Exceptions may apply, but relying on one can place your benefits at risk. We can prepare the filing and identify the deadlines that apply to your situation.
When an Outside Company May Be Liable
Workers’ compensation generally prevents you from suing your employer or a coworker for an ordinary workplace accident. You may still have a personal injury claim against a separate person or business whose conduct caused your injuries.
A third-party claim may be available when:
- A subcontractor created an unsafe work area.
- A property owner failed to address a dangerous condition.
- An outside maintenance company performed unsafe repair work.
- A delivery company or visiting driver caused the collision.
- Another company controlled the forklift or operator.
A third-party lawsuit may allow you to seek compensation for pain and suffering and other losses that workers’ compensation does not fully pay.
The workers’ compensation carrier may assert a lien against part of a third-party recovery. A settlement may also require the carrier’s consent. We coordinate the claims to protect your workers’ compensation benefits and your right to pursue compensation from an outside party.
Why Forklift Cases May Involve Two Claims
An injured employee may have a workers’ compensation claim and a third-party personal injury case arising from the same accident.
Workers’ compensation can provide medical and wage benefits without requiring proof of employer negligence. A personal injury lawsuit requires evidence that an outside party was legally responsible, but it may provide additional forms of compensation.
Shulman & Hill handles both types of cases. We investigate who employed the forklift operator, who owned or controlled the location, and which companies were working in the area.
Speak With a Bronx Forklift Accident Lawyer
Shulman & Hill represents injured workers throughout the Bronx and across New York City. We can file your claim, address disputes with the carrier, and investigate whether an outside company is responsible.
Contact us today for a free consultation with a forklift accident attorney in the Bronx. There is no attorney’s fee unless compensation is awarded in your workers’ compensation case or we obtain a recovery through a related personal injury claim.
