New York City Forklift Accident Lawyer
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Content reviewed by: Alex Shulman
- Last updated: Oct. 25, 2024
Forklift accidents in New York City can cause devastating injuries that take a heavy toll on victims and their families. If you or a loved one were hurt in such an incident, we understand the pain, stress, and uncertainty you’re likely facing.
At Shulman & Hill, our experienced team is committed to supporting accident victims. Under the leadership of founding partners Alex Shulman and JJ Hill, our skilled Workers’ Compensation and personal injury lawyers have recovered hundreds of millions of dollars in high-value case results for injured workers throughout New York.
We offer compassionate legal guidance throughout your recovery while vigorously pursuing the full and fair compensation you deserve. During your free consultation, our goal is to ease your burden and make sure you know your rights at no cost to you. Call (866) 828-6991 or contact us online to schedule yours today.
How Shulman & Hill can Help your Forklift Case
Our legal team will work with you to build the strongest case possible and fight for the full compensation you are entitled to under the law. We will carefully evaluate all aspects of your case to determine the full extent of your losses. Important factors include:
- How the accident occurred and who was at fault.
- The nature of your required medical treatment.
- The extent and severity of your injuries.
- Your pain, suffering, and lowered quality of life.
- The amount of time you missed at work.
- Your wages before and after the injury.
- Your lowered earning capacity due to long-term disabilities.
- Your medical bills and other expenses related to the accident.
When you choose Shulman & Hill to handle your claim, we will conduct a thorough, independent investigation to gather all available evidence and pursue your full compensable damages.
Causes of New York City Forklift Accidents
There are many common causes of forklift accidents, including:
- Drivers who are not well trained. If the driver of a forklift does not know how to do their job, an accident is likely.
- Speeding. Sometimes a driver is rushed and will need to drive quickly to meet deadlines. Excessive speed reduces reaction time and can lead to a major accident.
- Operating with an elevated load. This impairs the driver’s vision and makes it harder for the equipment to be controlled.
- Insufficient space. If the workplace is not designed for a forklift, this can cause accidents and lead to injury.
- Loads that are unbalanced or not secure. If the load being carried is unbalanced, it can cause problems for the driver. The load must be secure and balanced so that it will not fall off or knock the lift out of balance.
- Mechanical failure. If a forklift is not working properly and the issues are not caught during inspections, it can cause an accident.
- Improper turning. A forklift can turn a little bit differently than other vehicles. If the driver is inexperienced and cannot maneuver well, the result can be an accident that injures someone.
- Giving rides or riding on a forklift. This may seem like a harmless thing to do, but joy riding on a forklift can often lead to serious injury.
Pursuing Compensation for a Forklift Accident Injury
If you are in a forklift accident, you may be entitled to compensation for your losses that are related to the accident. Each case is different, and the amount that you may receive for your injuries, pain, suffering, and time off work may depend on a variety of factors.
For example, if you are injured but only have a few medical bills and miss just a few days of work, your compensation may be much less than it would if you were severely injured and spent considerable time out of work recovering. If you lost a loved one due to a forklift accident, you may still be entitled to compensation. Families may be able to recover compensation for loss of support and funeral expenses.
Our team at Shulman & Hill can work with you to fight for a fair amount of compensation that is reasonable for your case. We can analyze all aspects of your case to determine the full extent of your losses. Here are some of the factors to consider:
- How the accident occurred and who may have been at fault
- Whether anyone else was injured in the accident
- How severe your injuries are
- The amount of time you missed from work (including the time you are anticipating you will miss in the future)
- The nature of your required medical treatment
- The amounts of your medical bills and other bills directly related to the accident
- The wages you were earning before the injury
After investigating your case, we will be able to gather evidence that shows why you may be eligible for financial compensation.
What Should I Do After a Forklift Accident?
After a forklift accident has occurred, the first thing you need to do is report the injury to your team leader. The accident and injuries should be reported as soon as possible to create a paper trail and ensure all details of the accident are understood by those involved.
Although you may be tempted to report the incident verbally while you seek medical attention, stress the importance of filling out a written report to your employer. Once you have done so, get a copy of this report. Additionally, confirm that your doctor writes a detailed note that documents your visit, the manner in which the accident occurred, and the extent of your injuries. Follow all recommendations regarding treatment and therapy to help yourself heal. In the future, both doctor’s notes and injury report documents could prove crucial to the outcome of your case.
"Nobody will think about you and your family more than yourself. At some points in life, you have to think of yourself first—not just where you'll be and how you're feeling today, tomorrow, in a week, or a month, but long term. We have many clients who are 40, 50, 60, even 70 years old, and we don't know where their health will take them. What we're able to do is walk them through the process, maximize their recovery, and make things a little bit easier for them."
Shulman & Hill obtained a $2,500,000 settlement for a non-union laborer
Shulman & Hill obtained a $2,000,000 settlement for an immigrant laborer
Shulman & Hill obtained a $1,600,000 settlement for a 53-year-old union bus driver
Shulman & Hill obtained a $1,500,000 settlement for an undocumented day laborer
Shulman & Hill obtained a $1,500,000 settlement for a bus driver
It is also extremely important to refrain from admitting any fault for the accident. An attorney in New York City that specializes in forklift accidents can discuss whether or not you are partially at fault before pursuing compensation. Although you may wish to go it alone, insurance companies are out to protect their bottom line and can try to capitalize on your mistakes when it comes to accepting fault. A forklift accident attorney can help you avoid these mistakes and strengthen your case.
Who is Responsible In a Forklift Accident Case?
Forklift accidents often involve multiple responsible parties, generating various avenues toward liability and compensation. These may include:
- Forklift operators
- Employers
- Facility owners
- Forklift manufacturers
- Maintenance and repair companies
- General contractors and subcontractors
Determining liability in forklift accident cases requires a nuanced understanding of the governing law. Our attorneys are well-versed in both state and federal regulations pertaining to heavy equipment in industrial settings—from construction sites and manufacturing facilities to warehouses and dockyards. We provide our clients with in-depth legal counsel based on decades of experience, identifying all liable parties and building strong cases to protect their rights and interests.
Establishing Fault in Forklift Accidents
Almost all employees injured in New York forklift accidents are entitled to Workers’ Compensation regardless of who was at fault. However, if there is also a third party liable for your injuries, you will likely need to prove the following elements of negligence:
- Duty of care – The responsible party had an obligation to operate the forklift safely.
- Breach of duty – They failed to fulfill this obligation.
- Causation – Their failure directly led to the accident.
- Damages – You suffered injuries or property damage as a result.
That said, in strict liability cases, you may only need to prove that the forklift was defective and caused your injuries. Other issues that may arise include premises liability, violations of safety regulations (e.g., OSHA violations), and vicarious liability. No matter the legal and factual circumstances of your accident, our attorneys have the skills and resources needed to handle your case from start to finish.
Why You Should Hire Shulman & Hill
At Shulman & Hill, we take every case seriously. When you work with us, you can trust that you are in good hands. Since we opened our doors in 2013, we have helped clients recover hundreds of millions of dollars in compensation. Our lawyers are specially trained to help you through every step of your legal journey. After all, you should shift your focus to what is most important: your recovery.
Forklift accidents are serious workplace events with the potential to cause life-altering injuries. After seeking necessary medical treatment, contact the attorneys at Shulman & Hill and explore your options for pursuing compensation during a free legal consultation.