Forklifts help speed up the process of moving heavy loads. However, improper use or unsafe conditions may increase the likelihood of serious accidents.
In this article, The Bongiorno Law Firm discusses forklift accidents on construction sites, including how they happen and who may be liable.
Were you injured in a NYC forklift accident? If so, we encourage you to contact our construction accident attorneys in New York City as soon as possible. We can help you understand your rights and legal options during a free consultation.
What Forklift Accidents Are Most Common on NYC Construction Sites?
The top five most common types of forklift accidents according to OSHA include:
- Rollover/Tip-Over Accidents: Forklifts are inherently prone to rollover and tip-over accidents because of the way their center of gravity shifts during operation when improperly loaded, when turning or when empty.
- Loads Falling From Forklifts: During operation of a forklift, loads may fall from the fork of the truck. Anyone below, including workers and pedestrians could be severely injured.
- Pedestrian vs Forklift Injuries: Workers or pedestrians walking near a forklift in operation could suffer catastrophic harm. These incidents may involve workers or pedestrians being crushed or being run over. People could also be injured or killed if the forklift falls over and hits them.
- Forklift Operators Falling: Sometimes inexperience, careless operation or lack of training could result in an operator or other worker falling from the forklift.
- Forklift Emissions Poisoning: Hazardous emissions while operating or toxic fumes emitted from forklifts that are charging are extremely dangerous to workers or pedestrians.
Who May Be Liable in a NYC Forklift Accident?
Construction site forklift accidents often involve multiple parties who may share responsibility for worker injuries. When these incidents occur, there will have to be a thorough investigation of safety protocols, maintenance records, training procedures and workplace conditions to determine liability. A careful analysis may reveal multiple parties who could be held legally responsible for damages.
Construction Site Owner or Property Manager
The site owner or manager has a duty to maintain safe premises and ensure proper safety protocols are in place. Under New York Labor Law section 241(6), they have obligations to protect workers from general workplace safety requirements and powered industrial equipment. These include requirements for operator training, equipment maintenance, and workplace safety procedures.
General Contractor or Construction Company
The general contractor oversees site operations and safety compliance. They are responsible for coordinating between subcontractors, ensuring proper training, maintaining safety standards and addressing hazardous conditions. Their failure to properly supervise forklift operations or enforce safety protocols can make them liable.
Third Party Maintenance Company
If the forklift accident resulted from equipment malfunction or mechanical failure due to improper maintenance, the third party company responsible for forklift maintenance and repairs may be liable if poor maintenance contributed to the accident.
Are Forklift Accidents Primarily Handled Under a Workers’ Comp Claim?
Yes, but although workers’ compensation is the primary remedy for workplace injuries in New York, construction site forklift accidents often extend beyond standard workers’ comp claims. This is crucial for injured workers to understand since workers’ compensation alone may not provide full compensation for catastrophic injuries.
Workers’ compensation will cover basic medical expenses and a portion of lost wages regardless of fault. However, New York Labor Law provides special protections for construction workers, allowing them to pursue additional claims against property owners, general contractors, and other third parties – known as “third-party claims.” These claims can provide compensation for pain and suffering, full lost wages, and other damages not covered by workers’ comp.
Can Forklift Operators Be Held Personally Liable?
In most cases, no. Forklift operators are generally protected from personal liability for workplace accidents under New York’s workers’ compensation laws. This “exclusive remedy” provision prevents co-workers from suing each other for injuries that occur during the normal course of employment.
There are two rare exceptions, however, where a forklift operator might face personal liability:
- The operator intentionally set out to cause harm (such as running over someone on purpose)
- The operator was grossly negligent or acting outside the scope of employment. (like operating the forklift while intoxicated)
Even under these rare circumstances, injured workers typically pursue claims against the employer, site owner, or other parties. These parties often have insurance coverage and deeper pockets than individual operators. This approach better serves the injured worker’s interests by targeting entities capable of providing full compensation for serious injuries.
Contact an Experienced Attorney for Legal Assistant After a Forklift Accident
The aftermath of a forklift accident in New York City cause severe, sometimes irreversible harm to workers.
At the Bongiorno Law Firm, our experienced lawyers help our clients navigate the complex aspects of establishing liability for these cases. We are also deeply committed to helping injured victims hold at-fault parties accountable for the damages they caused.
If you are unsure what to do after being injured on a construction site, we urge you to seek legal help right away. Our firm offers a free consultation with no upfront costs or fees. We only get paid if we win your case.
