Content reviewed by:
Alex Shulman
Shulman & Hill Injury Lawyers has represented injured New Yorkers since 2013, with more than 200 years of combined experience and over $1 billion recovered for clients.
Forklift cases often involve more than one claim. You may have a workers’ compensation claim through your employer, and you may also have a third-party personal injury claim against a property owner, contractor, or maintenance company. Our Greenburgh forklift accident lawyers identify every available claim and pursue the full recovery New York law allows.
If you were injured in a warehouse, loading dock, retail stockroom, distribution center, or construction site, contact us today for a free consultation with a Greenburgh workers’ compensation lawyer.
Types of Claims Our Greenburgh Forklift Accident Lawyers Handle
A forklift injury in Greenburgh can happen in a warehouse, construction site, retail store, municipal facility, truck yard, or distribution center. We review how the incident happened, who controlled the work area, and which insurance policies apply.
Our Greenburgh personal injury lawyers handle forklift claims involving:
- Workers struck by forklifts in aisles, loading zones, or walkways.
- Forklift tip-overs caused by uneven surfaces or unsafe loads.
- Workers pinned between forklifts, trucks, racks, walls, or pallets.
- Falls from forklifts, platforms, forks, or improperly used attachments.
- Dropped loads, falling pallets, and unsecured materials.
- Poor lighting, missing spotters, blind intersections, and unsafe traffic routes.
- Fatal forklift injuries involving workers, contractors, or visitors.
How New York Workers’ Compensation Applies
If you were injured while working, workers’ compensation may cover medical care even if you do not miss time from work. Many injured workers in Greenburgh keep working while still receiving treatment for a job-related injury.
Lost wage benefits may apply if the injury keeps you from working for more than seven days, lowers your pay because of restrictions, or causes a permanent impairment. Medical care generally must come from providers authorized by the New York Workers’ Compensation Board.
Workers’ compensation may provide:
- Medical treatment for the work injury.
- Physical therapy, testing, medication, and approved medical equipment.
- A portion of lost wages.
- Reduced earnings benefits if you return to lighter or lower-paid work.
- Schedule loss of use awards for certain permanent arm, hand, leg, foot, or vision injuries.
- Permanent disability benefits in qualifying cases.
- Death benefits and funeral expense contributions for eligible survivors.
Weekly wage benefits are generally based on two-thirds of your average weekly wage, adjusted by your disability rate and subject to a state maximum. That maximum changes every July 1, and the rate that applies usually depends on your date of injury.
Third-Party Claims Beyond Workers’ Compensation
Workers’ compensation usually prevents a personal injury lawsuit against your direct employer. It does not protect careless non-employers from legal claims.
You may have a separate third-party claim against:
- A property owner that allowed unsafe loading docks, lighting, ramps, or traffic routes.
- A general contractor or subcontractor that created a dangerous work area.
- A forklift rental company that supplied unsafe equipment.
- A maintenance company that failed to repair brakes, steering, alarms, hydraulics, or other parts.
- A forklift, pallet, rack, or attachment manufacturer when a defect caused the injury.
- A delivery company or outside driver that caused or contributed to the incident.
A third-party claim can seek damages that workers’ compensation does not pay, including pain and suffering, full lost income, future loss of earnings, and the long-term effect of the injury on your life.
Insurance Problems We Handle
Insurance carriers often try to limit forklift claims. They may argue that your pain comes from an old injury, that you can return to work before your doctor clears you, or that the forklift operator alone caused the incident.
Our Greenburgh forklift accident attorneys respond with medical records, job-duty proof, witness accounts, safety documents, and testimony. We also prepare you for Independent Medical Examinations, hearings before the Workers’ Compensation Board, depositions, and settlement discussions.
If a third-party case produces a recovery, the workers’ compensation carrier may claim a lien for benefits it paid. We address lien and offset issues early so you understand how each claim affects your net recovery.
New York Deadlines for Forklift Accident Claims
Deadlines can determine whether you keep or lose certain legal rights. Do not wait for your employer, a supervisor, or an insurance carrier to tell you what to file.
Common New York deadlines include:
- Employer notice: You generally must notify your employer within 30 days of a work injury.
- Workers’ compensation claim: You generally have two years from the accident to file with the Workers’ Compensation Board.
- Personal injury lawsuit: Most New York negligence claims must be filed within three years.
- Wrongful death lawsuit: A wrongful death claim is generally due within two years from the date of death.
- Public entity claims: Claims involving a municipality or other public corporation may require a notice of claim within 90 days.
Different rules may apply to claims involving the State of New York, municipal agencies, public authorities, minors, prior injuries, or late-discovered harm. The safest step is to have us review the facts right away.
How Shulman & Hill Builds Your Claim
We start by listening to what happened and identifying every possible claim. Then we move to preserve evidence, notify involved parties, gather medical proof, and obtain wage records.
Our firm does not treat a serious forklift injury like a routine file. We prepare each claim with the proof needed for hearings, settlement talks, and litigation when a third-party lawsuit is available.
Our work may include:
- Filing or correcting your workers’ compensation claim.
- Preparing you for Board hearings and medical exams.
- Obtaining site safety, maintenance, and training records.
- Coordinating your workers’ compensation and third-party claims.
- Calculating wage loss, future medical needs, and permanent limitations.
- Pursuing claims against owners, contractors, vendors, or manufacturers when the law allows.
Talk to a Greenburgh Forklift Accident Attorney Today
Shulman & Hill helps injured workers, contractors, and families pursue the benefits and compensation available under New York law.
If you were hurt in a forklift incident, we can review your options and take action quickly. Contact our office today for a free consultation with one of our forklift accident attorneys in Greenburgh. New York, We Got You.