Content reviewed by:
Alex Shulman
If you were hurt in a forklift accident, you may be searching for a path forward. Talk with a forklift accident lawyer in Huntington about this incident. Depending on the situation, your attorney may advise you to proceed with a workers’ compensation claim or a third-party liability lawsuit.
The team at Shulman & Hill Injury Lawyers has over 200 years of combined experience. We help injured workers, union members, and families after forklift accidents at warehouses, construction sites, retail outlets, and distribution centers.
Our workers compensation lawyers in Huntington can evaluate your forklift accident case and explain your legal options. If you decide to proceed with a claim or lawsuit, we’re here to help. To get started, request a free case review.
When to Hire a Lawyer for a Forklift Accident Case in Huntington, New York
Forklift accident lawyers in Huntington represent operators, spotters, laborers, stock clerks, mechanics, and delivery crews injured on the job. Whether your forklift accident happened on a loading dock, a big-box store floor, or a construction site, your attorney wants to help you obtain compensation for your injury-related losses through a claim or lawsuit.
If you have lost a loved one in a fatal forklift accident, it may be beneficial to you and your family to have a wrongful death attorney examine your case. Your lawyer can let you know if you are eligible to file a wrongful death claim or lawsuit. If so, your attorney may help you pursue death benefits through workers’ comp and a lawsuit against any non-employer parties.
Types of Forklift Accident Claims in Huntington, New York
Forklifts can cause severe harm through tip-overs, falling loads, pinning, and rear-end or pedestrian strikes. Your forklift accident attorney in Huntington can assist with claims tied to training lapses, unsafe traffic patterns, defective backup alarms, and poor floor or ramp conditions.
Many forklift accident cases proceed through workers’ compensation for medical and wage benefits. Some involve a separate negligence suit against a contractor, a property owner, or a manufacturer when their conduct or product may have caused the accident.
Your Rights Under New York Workers’ Compensation System
Workers’ compensation in New York is a no-fault system. Due to this, if you were injured in a forklift accident at work, you do not have to prove that your employer did anything wrong to receive medical care and partial wage replacement.
You may qualify for workers’ comp benefits covering treatment, prescriptions, diagnostic tests, and travel to appointments. If your injury limits your ability to work, you may receive a portion of your average weekly wage based on your disability rating, up to state caps.
Proving Fault in Third-Party Forklift Accident Cases
You generally cannot sue your employer, but you can pursue a separate claim against negligent third parties. That can include a subcontractor who created a traffic hazard, a property owner that allowed poor lighting, or a manufacturer that sold a defective mast or brake system.
To prove fault, your Huntington forklift accident lawyer may look for violations of industry standards, missing training records, worn tires, failed alarms, and loads exceeding capacity. They may also examine site plans, aisle widths, speed controls, and spotter protocols.
When the facts indicate that a non-employer’s negligence may have contributed to your harm, a personal injury lawsuit can seek damages beyond workers’ comp, such as pain and suffering and full lost earnings.
What Your Workers’ Comp Benefits May Cover
In New York, workers’ comp medical benefits can include emergency care, hospital stays, surgery, physical therapy, and prescriptions tied to the injury. Mileage to medical visits is often reimbursable as well.
Cash benefits will depend on your average weekly wage and your level of disability. Payments may be available for temporary total, temporary partial, or permanent disability. Certain injuries may qualify for schedule loss of use awards.
Vocational services can support a return to work when restrictions apply. If you have lost a loved one in a fatal forklift accident, you may be able to get death benefits and compensation for funeral and burial expenses.
Time Limits and Notice Rules in New York
You typically have to give your employer notice of a work injury within 30 days. Outside of this, you may have up to two years to file your workers’ compensation claim with the Board. Third-party personal injury claims usually carry a three-year statute of limitations.
Claims against public entities can have a 90‑day notice of claim and a one-year and 90-day filing period. Wrongful death actions have a two-year statute of limitations. Specific facts can change these timelines. Because of this, having a Huntington forklift accident attorney review your case right away may help you avoid missing the filing deadline for your claim or lawsuit.
How Third-Party Forklift Accident Claims in Huntington, New York Can Expand Your Recovery
Workers’ compensation does not pay for pain and suffering, but a negligence case against a responsible third party may allow you to recover these non-economic damages. Third-party lawsuits can also be used to seek full wage loss, loss of future earning capacity, and other damages not available through workers’ comp.
Your personal injury lawyer in Huntington can teach you about third-party forklift accident lawsuits and who you may be able to sue. Common defendants in forklift accident lawsuits include site contractors directing traffic flow, property owners responsible for unsafe dock design, or manufacturers of defective components.
Our Forklift Accident Attorneys in Huntington Want to Turn Challenges into Opportunities
Getting injured in a forklift accident can put you in a bind financially. As you try to figure out what to do from here, meet with Huntington forklift accident lawyers. That way, you can get information about workers’ comp claims and third-party lawsuits. If warranted, your attorney can walk you through the process of pursuing compensation for your injury-related losses.
At Shulman & Hill, we strive for excellence, and we work tirelessly to protect our clients’ rights and secure compensation for them. We will take your forklift accident case seriously and explore many legal avenues to help you get the outcome you want.
Our attorneys are ready to fight for you at each stage of your forklift accident case and position you to get maximum compensation through a claim or lawsuit. To learn more, schedule a free case review.