Free Consultation (212) 970-6500

New York City Construction Vehicle And Forklift Accident Lawyer

Injured In A Construction Vehicle Or Forklift Accident?

Construction sites depend on forklifts, loaders, excavators, backhoes, dump trucks, skid-steer loaders, delivery vehicles, and other mobile equipment. These vehicles move heavy materials through crowded areas where workers from several trades may be walking, carrying equipment, directing traffic, or performing work nearby.

A worker may be struck by a reversing vehicle, crushed between a forklift and a wall, injured by a falling load, thrown from an overturning machine, or hit by equipment operating with limited visibility. Serious accidents may also occur when a vehicle enters an excavation, rolls over an unprotected edge, or collides with scaffolding, temporary structures, utilities, or other equipment.

OSHA maintains construction standards governing jobsite motor vehicles, earthmoving machinery, and material-handling equipment. These rules address brakes, alarms, operator visibility, posted load capacities, overhead guards, vehicle condition, operator training, and safe use.

If you were injured by a forklift, construction vehicle, or piece of mobile equipment, speak with a lawyer promptly. Vehicle locations, camera footage, equipment data, delivery records, inspection documents, and witness information may disappear soon after an accident.

The attorneys at The Dearie Law Firm, P.C. represent workers injured in serious New York City construction accidents. Call (212) 970-6500 or contact us online for a free consultation.

Construction Vehicle And Forklift Cases We Handle

Our attorneys investigate accidents involving:

  • Forklifts and lift trucks
  • Rough-terrain forklifts
  • Telehandlers
  • Front-end loaders
  • Skid-steer loaders
  • Backhoes
  • Excavators
  • Bulldozers
  • Dump trucks
  • Concrete trucks
  • Delivery trucks
  • Flatbed trucks
  • Utility vehicles
  • Power buggies
  • Tractors
  • Material-handling vehicles
  • Construction equipment operating in reverse
  • Forklift overturns
  • Falling and unstable loads
  • Workers pinned between equipment and fixed objects
  • Pedestrians struck by construction vehicles
  • Vehicles entering trenches or excavations
  • Machinery rolling over unprotected edges
  • Defective brakes, alarms, steering, tires, or restraints
  • Untrained or unauthorized operators
  • Fatal construction vehicle accidents

The legal claims available depend on the type of equipment, how the accident occurred, who employed and supervised the operator, who owned or maintained the vehicle, and which parties controlled traffic and safety at the site.

Why Construction Vehicles Are Dangerous

Construction vehicles frequently operate in congested, noisy, and constantly changing environments. Workers may be required to walk near moving equipment while carrying materials, using tools, or concentrating on another task.

Many construction machines have substantial blind spots. The operator may be unable to see a worker standing directly behind, beside, or in front of the vehicle. Loads, attachments, mirrors, equipment structures, dust, weather, poor lighting, and nearby materials can further obstruct visibility.

Forklifts and telehandlers present additional stability risks. Their weight, center of gravity, load height, attachments, ground conditions, turning speed, and operating slope can affect whether the machine remains stable. Different types of powered industrial trucks also present different operating hazards depending on their configuration and workplace conditions.

Common Causes Of Construction Vehicle Accidents

Vehicles Operating In Reverse

Backing accidents are a major danger on construction sites because many trucks and machines have restricted rear visibility.

A worker may be struck when:

  • A reverse alarm does not operate
  • The alarm cannot be heard over jobsite noise
  • No spotter is assigned
  • The operator and spotter lose visual contact
  • The operator reverses before receiving a signal
  • The designated travel path is not barricaded
  • Workers are not warned that equipment will move
  • Mirrors or cameras are missing, blocked, or defective
  • Materials obstruct the operator’s view
  • The operator assumes the area is clear

OSHA prohibits the use of earthmoving or compacting equipment with an obstructed rear view in reverse unless a distinguishable reverse signal alarm is operating or another employee signals that it is safe to move.

A backup alarm alone may not make an operation safe when the site is extremely noisy, several vehicles are moving, or workers must enter the vehicle’s blind area.

Blind Spots And Inadequate Spotting

Blind spots vary according to the vehicle, attachment, load, operating position, and direction of travel.

Potential failures include:

  • No site-specific traffic plan
  • No designated pedestrian route
  • No trained spotter
  • More than one person giving signals
  • Workers entering the operating zone without notice
  • The operator moving after losing sight of the spotter
  • Poor radio communication
  • Inconsistent hand signals
  • Inadequate lighting
  • Failure to use barricades or warning signs

An investigation should determine what the operator could actually see from the seat and whether the contractor accounted for the machine’s blind areas.

Forklift Overturns

A forklift may overturn when the operator:

  • Turns too sharply
  • Drives too fast
  • Travels with the load raised
  • Operates on an excessive slope
  • Drives across an uneven surface
  • Exceeds the rated capacity
  • Uses an unauthorized attachment
  • Encounters a hole or unprotected edge
  • Operates with an unstable or off-center load
  • Drives onto a surface that cannot support the truck
  • Leaves a loading dock or elevated surface
  • Collides with materials or another vehicle

Forklift overturns can crush the operator or eject the operator from the vehicle. Workers standing nearby may also be struck by the truck, its mast, the forks, or the load.

OSHA’s construction equipment rules require posted rated capacities, prohibit exceeding those capacities, and restrict modifications that affect capacity or safe operation unless the manufacturer provides written approval.

Falling Or Unstable Loads

Forklifts, telehandlers, loaders, and delivery vehicles may carry:

  • Pallets
  • Lumber
  • Steel
  • Pipes
  • Masonry
  • Drywall
  • Mechanical equipment
  • Scaffolding components
  • Roofing material
  • Concrete products
  • Containers
  • Construction debris

A load may fall when it is:

  • Improperly stacked
  • Unbalanced
  • Off-center
  • Not secured
  • Too heavy
  • Raised too high
  • Carried on damaged forks
  • Moved across uneven terrain
  • Handled with the wrong attachment
  • Lifted beyond the machine’s capacity
  • Transported while workers stand beneath or beside it

A worker struck by a falling forklift load may have claims involving both unsafe material handling and an elevation-related falling-object hazard.

Learn more about falling-object accidents on construction sites.

Untrained Or Unauthorized Operators

Forklift operation requires more than the ability to start and steer the machine. The operator must understand the specific truck, its controls, attachments, capacity, stability, workplace conditions, pedestrian hazards, and load-handling procedures.

For construction work, OSHA incorporates powered-industrial-truck operator-training requirements. Training must include formal instruction, practical training, and an evaluation of the operator’s workplace performance. Operators must be trained for the type of truck and conditions they will encounter.

Refresher training may be required when an operator:

  • Drives unsafely
  • Is involved in an accident or near miss
  • Fails an evaluation
  • Is assigned a different type of truck
  • Encounters changed workplace conditions

Allowing an inexperienced, unauthorized, or improperly trained worker to operate a forklift can expose both the operator and everyone nearby to serious danger.

Excessive Speed And Unsafe Turns

A forklift or construction vehicle may become difficult to stop or control when operated too quickly.

Excessive speed can contribute to:

  • Pedestrian impacts
  • Rollovers
  • Falling loads
  • Collisions with structures
  • Loss of control on slopes
  • Equipment entering excavations
  • Skidding on wet or loose surfaces
  • Inability to stop when a worker enters the travel path

Operators should account for the surface, load, visibility, congestion, turning radius, grade, weather, and nearby workers.

A posted speed limit does not prevent an accident when it is not enforced or when conditions require an even lower speed.

Defective Brakes And Steering

Construction vehicles must be capable of stopping, holding, steering, and operating safely under expected loads and conditions.

OSHA requires covered jobsite motor vehicles to have service, emergency, and parking-brake systems maintained in operable condition. Material-handling and earthmoving equipment is also subject to brake and operational requirements.

Potential defects include:

  • Worn brakes
  • Hydraulic leaks
  • Steering failure
  • Defective parking brakes
  • Tire failure
  • Broken controls
  • Faulty transmission components
  • Defective pedals
  • Damaged forks
  • Cracked mast components
  • Worn chains or hydraulic hoses
  • Improper repairs
  • Missing safety devices

The equipment should be preserved before it is repaired, returned to a rental company, or placed back into service.

Missing Or Defective Alarms And Horns

Construction vehicles may require horns, reverse alarms, lights, mirrors, cameras, or other warning systems.

A warning device may be ineffective because:

  • It does not work
  • It is too quiet
  • It sounds continuously and workers ignore it
  • Several machines create similar sounds
  • The operator does not use the horn
  • Workers wear hearing protection
  • Jobsite noise masks the warning
  • The alarm was disconnected
  • The equipment was modified
  • The alarm is obstructed or damaged

OSHA requires bidirectional machines such as loaders, bulldozers, compactors, and similar equipment to have an operable horn distinguishable from surrounding noise. Equipment with an obstructed rear view is subject to reverse-alarm or signaling requirements.

Poorly Designed Traffic Routes

A construction site should separate moving vehicles from pedestrians whenever reasonably possible.

Unsafe traffic conditions may include:

  • No designated vehicle route
  • No pedestrian walkway
  • Intersecting equipment and worker paths
  • Blind corners
  • Blocked exits
  • Inadequate barricades
  • Poor lighting
  • Materials stored in travel lanes
  • Vehicles backing long distances
  • Equipment operating near break areas
  • Delivery trucks entering without coordination
  • Workers directed through active loading areas
  • Missing signs or traffic-control personnel

The general contractor, construction manager, property owner, subcontractors, and vehicle operators may have overlapping responsibilities for traffic coordination.

Loading And Unloading Accidents

Construction deliveries may involve forklifts, truck-mounted lifts, flatbeds, trailers, loading docks, ramps, and temporary staging areas.

Workers may be injured when:

  • A trailer moves during loading
  • A ramp or dock plate fails
  • The forklift drives off an edge
  • Materials shift when restraints are removed
  • A load falls from a flatbed
  • The truck parks on an unsafe grade
  • Workers stand within the unloading zone
  • The driver and forklift operator do not communicate
  • A suspended or elevated load strikes a worker
  • The surface cannot support the equipment

Forklifts are widely used to load and unload materials, and OSHA identifies struck-by incidents, dock and trailer falls, falling loads, and overturns among the hazards associated with their use.

Workers Elevated On Forks Or Pallets

Workers should not be raised on bare forks, pallets, makeshift platforms, or unsecured materials.

OSHA’s construction equipment standard requires additional precautions when a powered industrial truck elevates personnel, including a safety platform firmly secured to the lifting carriage or forks, a way for the elevated worker to shut off power, and protection from falling objects when necessary.

Unsafe practices may include:

  • Standing directly on the forks
  • Standing on a loose pallet
  • Using an unsecured platform
  • Moving the forklift while a worker is elevated
  • Failing to provide fall protection
  • Raising a worker beneath overhead hazards
  • Using equipment not approved for personnel lifting

A fall from an elevated forklift platform may also support claims under New York’s elevation-safety laws.

Vehicles Near Trenches And Excavations

Heavy vehicles can endanger workers inside and around an excavation.

A vehicle may:

  • Fall into the trench
  • Strike a worker at the edge
  • Cause vibration that destabilizes soil
  • Place excessive weight near the excavation
  • Push spoil or materials into the trench
  • Damage protective systems
  • Block a worker’s exit route

Traffic plans, barricades, stop logs, warning systems, and safe setback distances may be necessary when vehicles approach an excavation.

Learn more about New York City trench and excavation accidents.

Unsafe Roadways, Grades, And Surfaces

Access roads and operating surfaces must be capable of safely supporting the vehicles and equipment using them.

Hazards may include:

  • Excessive slopes
  • Loose gravel
  • Mud
  • Snow or ice
  • Standing water
  • Holes
  • Debris
  • Weak temporary flooring
  • Unprotected edges
  • Inadequate ramps
  • Improperly constructed berms
  • Surfaces unable to support the vehicle’s weight

OSHA prohibits employers from moving construction equipment or vehicles on an access roadway or grade unless it is constructed and maintained to accommodate their safe movement.

Defective Or Poorly Maintained Forklifts

Forklifts and other powered industrial trucks should be inspected and maintained so unsafe conditions are identified before operation.

OSHA states that powered industrial trucks must be examined before being placed in service. Daily or shift-based examinations may be required depending on how the equipment is used.

Inspections may address:

  • Brakes
  • Steering
  • Tires
  • Forks
  • Mast chains
  • Hydraulic hoses
  • Fluid leaks
  • Warning devices
  • Overhead guards
  • Load backrests
  • Safety restraints
  • Lights
  • Controls
  • Attachments
  • Capacity plates

An inspection has little value when reported defects are ignored or the equipment remains in service without repair.

Carbon Monoxide, Fuel, And Battery Hazards

Internal-combustion forklifts and construction vehicles may produce dangerous exhaust when used in enclosed or poorly ventilated spaces.

Battery-powered equipment can create separate risks involving:

  • Electrical energy
  • Battery acid
  • Hydrogen gas
  • Charging operations
  • Improper connections
  • Damaged batteries
  • Fire and explosion

OSHA warns that internal-combustion forklifts can create indoor-air hazards in enclosed areas and that electric forklifts present battery-charging, chemical, and electrical hazards.

Forklift Accidents Can Injure Operators And Pedestrians

The injured person does not need to have been operating the forklift.

Forklift and construction vehicle accidents commonly injure:

  • Laborers
  • Carpenters
  • Ironworkers
  • Electricians
  • Plumbers
  • Masons
  • Painters
  • Roofers
  • Delivery workers
  • Flaggers
  • Spotters
  • Equipment operators
  • Supervisors
  • Workers unloading materials
  • Workers performing tasks beside vehicle routes

A worker may be struck without ever seeing or hearing the machine approach.

Read more about forklift and backing-truck accidents on New York construction sites.

OSHA Construction Vehicle And Forklift Requirements

OSHA’s construction motor-vehicle standard applies to covered vehicles operating within off-highway jobsites that are not open to public traffic.

Its requirements address matters including:

  • Service brakes
  • Emergency brakes
  • Parking brakes
  • Lights
  • Audible warning devices
  • Obstructed rear views
  • Reverse alarms or signaling
  • Vehicle condition
  • Inspection and repair

OSHA’s material-handling equipment standard addresses earthmoving equipment, industrial trucks, forklifts, loaders, tractors, and similar machines.

Its requirements include provisions concerning:

  • Seat belts
  • Access roadways and grades
  • Brakes
  • Horns
  • Reverse alarms
  • Rollover protection
  • Posted rated capacities
  • Manufacturer approval for modifications
  • Overhead guards
  • Personnel riding on equipment
  • Personnel-lifting platforms
  • Forklift operator training

These rules should be evaluated alongside other standards governing materials, cranes, excavations, traffic control, fall protection, electrical hazards, and personal protective equipment.

An OSHA violation does not automatically establish every element of a personal injury lawsuit. It may still provide important evidence regarding the hazard, required protection, responsible party, and cause of the accident.

New York Industrial Code Rules For Construction Equipment

New York Industrial Code Part 23 contains rules for power-operated equipment used in construction, demolition, and excavation work.

Subpart 23-9 addresses equipment including:

  • Power-operated construction equipment
  • Excavating machines
  • Motor trucks
  • Lift trucks
  • Fork trucks
  • Power buggies

The rules include provisions concerning maintenance, inspections, trained operators, safe operation, rated loads, moving parts, refueling, equipment at rest, rollover protection, seat belts, and riding on equipment.

The applicable Industrial Code provision depends on the type of vehicle, its use, and the specific way the accident occurred.

New York Labor Laws That May Apply

Construction vehicle accidents may support claims under New York Labor Law, common-law negligence, product-liability law, or a combination of legal theories.

New York Labor Law § 200

New York Labor Law § 200 reflects the general duty to provide workers with reasonable and adequate protection.

A Section 200 claim may involve:

  • An unsafe vehicle route
  • Defective construction equipment
  • A dangerous property condition
  • Poor lighting
  • An unguarded edge or excavation
  • A contractor directing unsafe vehicle operations
  • Failure to coordinate pedestrians and equipment
  • A party that created or knew about a dangerous condition

Liability may depend on whether a defendant created or knew about the dangerous condition or exercised authority over the work that caused the accident.

New York Labor Law § 241(6)

New York Labor Law § 241 requires reasonable and adequate protection during construction, demolition, and excavation operations.

A Section 241(6) claim generally must be supported by a sufficiently specific Industrial Code provision that applied to the work, was violated, and contributed to the accident.

Depending on the facts, potentially relevant rules may concern:

  • Motor trucks
  • Lift and fork trucks
  • Power-operated equipment
  • Excavating machines
  • Equipment maintenance
  • Trained operators
  • Rated capacities
  • Warning devices
  • Material handling
  • Traffic routes
  • Excavations
  • Falling materials
  • Worker protection

The New York State Department of Labor provides access to Industrial Code Part 23 and other safety rules.

New York Labor Law § 240

New York Labor Law § 240 addresses certain elevation-related construction hazards.

Section 240 does not automatically apply merely because a forklift or vehicle was involved.

It may become relevant when:

  • A worker falls from an elevated forklift platform
  • A worker is improperly raised on forks or a pallet
  • A forklift load falls from an elevated position
  • A vehicle strikes a scaffold or ladder and causes a fall
  • Material being lifted or lowered is inadequately secured
  • The failure of an elevation-safety device contributes to the accident

The analysis depends on the work being performed, the elevation differential, the object or load involved, and the safety device that should have been provided.

Workers’ Compensation And Third-Party Lawsuits

An injured worker may have both a workers’ compensation claim and a separate lawsuit against a responsible third party.

Workers’ Compensation Benefits

New York workers’ compensation may provide:

  • Necessary medical treatment
  • A portion of lost wages
  • Temporary disability benefits
  • Permanent disability benefits
  • Reduced-earning-capacity benefits
  • Certain death benefits for surviving dependents

Workers generally do not have to prove that their employer caused the accident to seek workers’ compensation benefits.

Workers’ compensation ordinarily prevents an employee from suing the direct employer for ordinary negligence.

Read more about New York workers’ compensation benefits.

Third-Party Construction Accident Lawsuits

Workers’ compensation does not necessarily prevent an injured worker from suing someone other than the direct employer.

Potential third-party defendants may include:

  • A property owner
  • A general contractor
  • A construction manager
  • Another subcontractor
  • The operator’s employer
  • A delivery company
  • A trucking company
  • An equipment owner
  • A forklift rental company
  • A maintenance contractor
  • A repair company
  • A manufacturer
  • A distributor
  • A company controlling site traffic
  • Another negligent party

A third-party lawsuit may seek compensation unavailable through workers’ compensation, including damages for pain and suffering, disfigurement, and the full effect of the injury on the worker’s future.

Learn more about third-party liability after a New York construction accident.

Product-Liability Claims Involving Defective Vehicles

A forklift or construction vehicle may be unsafe because of a defective design, manufacturing error, inadequate warning, or failed safety component.

Potential defects may involve:

  • Brakes
  • Steering
  • Tires
  • Seat belts
  • Operator restraints
  • Rollover protection
  • Warning alarms
  • Cameras
  • Mirrors
  • Forks
  • Masts
  • Hydraulic systems
  • Load charts
  • Stability systems
  • Controls
  • Attachments
  • Fuel systems
  • Batteries

Claims may be available against a manufacturer, distributor, rental company, maintenance contractor, or another company responsible for the equipment.

The vehicle and its electronic or mechanical data should be preserved before repair, alteration, destruction, or return.

Who May Be Responsible For A Construction Vehicle Accident?

Potentially responsible parties may include:

  • The property owner
  • The general contractor
  • The construction manager
  • The operator’s employer
  • Another subcontractor
  • A delivery or trucking company
  • A forklift owner
  • An equipment rental company
  • A maintenance or repair contractor
  • A vehicle manufacturer
  • A component manufacturer
  • A product distributor
  • A site-safety company
  • A traffic-control contractor
  • Another party controlling the work area

Determining responsibility requires reviewing contracts, ownership records, work assignments, supervision, traffic plans, inspection documents, maintenance records, operator training, and the actual conduct of the parties.

What To Do After A Forklift Or Construction Vehicle Accident

Get Medical Care Immediately

A vehicle impact or crush accident can cause severe internal injuries even when external injuries appear limited.

Report every symptom, including:

  • Headaches
  • Dizziness
  • Confusion
  • Neck or back pain
  • Difficulty breathing
  • Abdominal pain
  • Numbness
  • Weakness
  • Hearing changes
  • Vision problems
  • Pain in the arms or legs

Follow all recommended treatment and attend follow-up appointments.

Report The Accident

Report the accident to your employer, foreman, supervisor, union representative, or site-safety personnel.

Identify:

  • The vehicle involved
  • The operator
  • The operator’s employer
  • The direction the vehicle was moving
  • Whether it was reversing
  • Whether a spotter was present
  • Whether an alarm sounded
  • Whether a load was being carried
  • The work you were performing
  • The witnesses who were nearby

Request a copy of the accident report and do not sign an inaccurate description.

Photograph The Scene And Vehicle

When it can be done safely, photograph:

  • The vehicle
  • The vehicle identification or unit number
  • The forks or attachment
  • The load
  • Tire marks
  • Damage
  • Warning devices
  • Mirrors and cameras
  • The operator’s view
  • Travel routes
  • Barricades
  • Lighting
  • Nearby materials
  • Excavations or edges
  • Your clothing and safety equipment
  • Your visible injuries

Do not enter an unsafe operating area merely to take photographs.

Identify Witnesses

Obtain the names and contact information of:

  • Coworkers
  • Equipment operators
  • Spotters
  • Flaggers
  • Supervisors
  • Delivery drivers
  • Site-safety personnel
  • Workers from other trades
  • Anyone who observed the vehicle before the accident
  • Anyone who participated in the response

Preserve Equipment And Records

Important evidence may include:

  • The vehicle
  • Attachments
  • Forks
  • Load restraints
  • Electronic control data
  • Camera recordings
  • GPS or telematics data
  • Inspection records
  • Maintenance documents
  • Repair histories
  • Rental agreements
  • Training certifications
  • Operator evaluations
  • Delivery records
  • Traffic plans
  • Daily logs
  • Surveillance footage

A lawyer can send preservation demands before the equipment or data is altered.

Avoid Recorded Statements Without Legal Advice

Insurance representatives may ask for a statement shortly after the accident.

Do not speculate about speed, distance, visibility, equipment condition, or responsibility. Speak with a lawyer before providing a recorded statement to an insurer representing a potential defendant.

Contact A Lawyer Promptly

Construction sites change quickly. Vehicles may be removed, repaired, returned to rental companies, or placed back into service. Camera footage and equipment data may be overwritten.

Projects involving New York City, NYCHA, the MTA, a public school, or another government entity may also involve special notice requirements and shorter deadlines.

Common Construction Vehicle Accident Injuries

Forklift and construction vehicle accidents can cause:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Crush injuries
  • Compartment syndrome
  • Fractures
  • Internal bleeding
  • Organ damage
  • Nerve damage
  • Amputations
  • Degloving injuries
  • Shoulder and knee injuries
  • Neck and back injuries
  • Burns
  • Scarring
  • Psychological trauma
  • Permanent disability
  • Fatal injuries

A worker may suffer injuries from both the initial impact and a secondary fall, rollover, collapse, or falling load.

Compensation Available After A Construction Vehicle Accident

Depending on the available claims, an injured worker may seek compensation for:

  • Medical expenses
  • Future medical care
  • Surgery
  • Rehabilitation
  • Physical therapy
  • Occupational therapy
  • Psychological treatment
  • Lost wages
  • Reduced earning capacity
  • Permanent disability
  • Pain and suffering
  • Emotional trauma
  • Scarring
  • Disfigurement
  • Loss of enjoyment of life
  • Household assistance
  • Assistive equipment
  • Out-of-pocket expenses

When a construction vehicle accident causes a death, eligible family members may have claims for workers’ compensation death benefits, wrongful death damages, funeral expenses, and other losses permitted by New York law.

How Our Construction Vehicle Accident Lawyers Investigate A Case

An investigation may include:

  • Inspecting and documenting the accident scene
  • Identifying every contractor and subcontractor
  • Identifying the vehicle owner and operator
  • Preserving the vehicle and attachments
  • Obtaining photographs and surveillance footage
  • Preserving electronic and telematics data
  • Reviewing operator-training records
  • Examining certifications and evaluations
  • Reviewing daily equipment inspections
  • Obtaining maintenance and repair histories
  • Reviewing rental agreements
  • Examining manufacturer instructions
  • Reviewing load and capacity information
  • Obtaining delivery and dispatch records
  • Analyzing the traffic-control plan
  • Reconstructing the operator’s field of view
  • Interviewing witnesses
  • Reviewing contracts and site-control arrangements
  • Obtaining OSHA, DOB, police, and emergency-response records
  • Investigating prior complaints or accidents
  • Consulting engineers, equipment experts, reconstruction specialists, physicians, and other professionals

The investigation should determine both how the vehicle struck or injured the worker and which planning, supervision, training, equipment, or traffic-control failures allowed the accident to occur.

Frequently Asked Questions About Forklift And Construction Vehicle Accidents

Can I Sue My Employer After A Forklift Accident?

New York workers’ compensation generally prevents an employee from suing the direct employer for ordinary negligence.

A lawsuit may still be available against a property owner, general contractor, construction manager, another subcontractor, delivery company, equipment owner, rental company, manufacturer, or another responsible third party.

Can I Receive Workers’ Compensation And File A Lawsuit?

Potentially. Workers’ compensation and a third-party lawsuit are separate claims.

An injured worker may receive workers’ compensation benefits while pursuing a claim against someone other than the direct employer. The claims must be coordinated because the workers’ compensation carrier may have lien or reimbursement rights.

What If I Was Hit By A Coworker Operating The Forklift?

Workers’ compensation may cover the workplace injury even when a coworker operated the forklift.

A separate lawsuit may still be available against a property owner, general contractor, equipment company, manufacturer, or another responsible party depending on the circumstances.

What If The Forklift Operator Worked For Another Company?

The operator and the operator’s employer may be potential third-party defendants. Other parties may also be responsible for site traffic, supervision, equipment condition, or the work that placed the worker in danger.

Does OSHA Require Forklift Training?

OSHA requires powered industrial truck operators to receive training and evaluation appropriate to the vehicle and workplace conditions. Construction employers are responsible for ensuring that only trained and competent operators use the equipment.

What If The Reverse Alarm Did Not Work?

A defective or missing reverse alarm may provide important evidence, particularly when the operator’s rear view was obstructed.

The investigation should determine whether the alarm was required, whether it functioned, who inspected it, who maintained it, and whether another signaling method was used.

What If The Forklift Overturned?

An overturn investigation may address speed, turning, load height, load weight, surface conditions, slopes, tires, seat-belt use, rollover protection, attachments, capacity, and operator training.

The vehicle should be preserved before repair or return.

Can Labor Law § 240 Apply To A Forklift Accident?

Not automatically.

It may apply when a worker falls from an elevated forklift platform, an inadequately secured load falls from an elevation, or the accident otherwise involves the type of elevation-related hazard covered by the statute.

What If Defective Equipment Caused The Accident?

A manufacturer, distributor, rental company, maintenance contractor, or repair company may be responsible when a defect causes or contributes to the accident.

The equipment should not be repaired, discarded, altered, or returned before it can be inspected.

What If I Was Partly At Fault?

Do not assume that partial fault prevents a claim.

Comparative negligence may affect some claims. The effect of the worker’s conduct depends on the legal theory, evidence, and parties involved.

How Long Do I Have To File A Claim?

Deadlines depend on the type of claim and identity of the defendants. Workers’ compensation claims, personal injury lawsuits, wrongful death cases, and claims involving government entities follow different procedures.

Contact a lawyer promptly rather than relying on a general deadline.

Related Construction Accident Practice Areas

Speak With A New York City Construction Vehicle Accident Lawyer

A forklift or construction vehicle accident can leave a worker with permanent injuries, extensive medical treatment, lost income, and an uncertain ability to return to the same trade.

The Dearie Law Firm, P.C. represents workers injured by forklifts, trucks, loaders, excavators, backhoes, telehandlers, and other construction equipment throughout New York City.

Call (212) 970-6500 or send us a message for a free consultation. Construction accident cases are handled on a contingency-fee basis, which means there is no attorney’s fee unless a recovery is obtained for you.

Para información en español, visite nuestro sitio de abogados de accidentes de construcción en Nueva York.