If you were injured in a construction accident, you may be facing a long road to recovery, extensive time off work, and even a loss of future earning capacity. Exploring potential liable parties can help you understand your rights to legal action and a potential payout.
A New York construction accident lawyer can review the details of your accident and help you determine whether you may have a legal claim. This guide also provides more information about third-party liability in forklift accidents.
Understanding Common Causes of Forklift Accidents
Forklifts are a common source of workplace injuries, especially when they are misused. In 2024, the National Safety Council reported that forklifts were the source of an estimated 84 work-related deaths nationwide. Between 2023 and 2024, as many as 25,110 non-fatal forklift-involved accidents occurred, resulting in a median of 22 days away from work. Surprisingly, only around 4% of these cases occurred in the construction industry.
On construction sites, forklift accidents can arise from a range of causes, but they often stem from user error, negligent maintenance, or manufacturer error.
- Operator inexperience: Forklift operators need specialized training to ensure they understand load limits, blind spots, turning radii, and safe maneuvering practices. Without this training, they can easily make serious mistakes.
- Mechanical failure: When forklifts are not properly maintained or contain faulty parts, they can break down during use or experience unpredictable malfunctions, such as brake failures or mast collapses.
- Unsafe job conditions: A range of construction site safety violations and hazards can lead to forklift-related injuries. When forklifts are operated on uneven terrain, in poor lighting, or in overly tight workspaces, accidents can occur quickly.
Forklift accidents are often categorized as:
- Struck-by accidents, in which someone becomes struck by the forklift arm or other parts
- Tip-over accidents, in which the forklift tips or rolls over, injuring the driver and nearby workers
- Falling load accidents, in which the cargo is not properly secured or balanced, leading items to slip off the forks and strike nearby workers
- Pinning accidents, in which someone becomes pinned between the forklift and another structure
Potentially Liable Parties in a Forklift Accident
When you are injured in the course of your job duties, you generally have the right to seek workers’ compensation benefits to reimburse you for medical expenses and a portion of lost wages. This is a no-fault system, which means you likely qualify even if the accident wasn’t technically anyone’s fault or you contributed to your own injuries.
Under workers’ compensation law, you typically cannot hold your employer liable for accidents that happen at work. But you may be able to pursue a third-party liability case against another party that was negligent in your accident. Potentially liable parties might include:
- Contracted forklift operators who operated the equipment recklessly or failed to follow safe procedures
- Equipment manufacturers who released faulty equipment that malfunctioned
- Maintenance providers who performed faulty repairs or overlooked critical mechanical defects during servicing
- Staffing agencies who placed untrained or uncertified workers in forklift operating roles
Proving Negligence or Liability in Your Forklift Accident
If you want to hold a third party liable for your forklift injuries, you would need to prove that they breached their duty of care to you, causing an accident that directly led to your injuries. Generally, forklift operators owe a duty of care to the people around them to prevent accidents and injuries. Equipment manufacturers owe a duty of care to those who purchase their equipment, and maintenance providers owe this duty to those whose equipment they service.
Breaching the duty of care often means that the liable party failed to take reasonable care to prevent harm to others. What this actually looks like can vary depending on the accident and what a typical response would have been. However, it usually involves following recognized safety standards at a minimum.
Your New York construction accident lawyer can help you gather evidence to support a liability claim. Potential evidence might include:
- Video footage of the accident
- Photos of the accident scene
- Witness testimony from those who saw the accident happen
- Previous OSHA violations or accident reports showing a pattern of unsafe practices
Contact a Construction Accident Lawyer in New York for Guidance
If a third party was liable for your forklift accident, you may be able to pursue compensation from them beyond your workers’ compensation claim. At Cassisi & Cassisi, P.C., we represent construction workers through the compensation process and help them explore all of their legal options for moving forward.
With our thorough understanding of labor laws governing injured construction workers, we can identify when contractors or other parties may have violated applicable laws and use that evidence in negligence cases. Contact us today at 516-294-5050 to request a free consultation with a New York construction accident lawyer.
Frequently Asked Questions
Can you hold your employer liable for an OSHA violation that led to your forklift accident?
You typically cannot hold an employer liable for job-related injuries in New York, even if they arose from an OSHA violation. Instead, you would seek compensation through a workers’ compensation claim. There are rare exceptions to this rule, such as if your employer intentionally or deliberately hurt you. A construction accident lawyer on Long Island can explain more and help you report the OSHA violation, at the very least.
How much compensation can you seek through a forklift accident lawsuit?
Through a forklift accident lawsuit, you may be able to seek compensation for medical expenses, lost wages, and loss of future earning capacity not covered by a workers’ compensation claim. You may also be able to pursue non-economic damages, such as pain and suffering or emotional distress.
Can you sue a forklift operator for causing an accident?
You may be able to sue a forklift operator for your accident if they are a third-party contractor or subcontractor not employed by your employer. You would need to prove that their negligence led to your accident. A New York construction accident lawyer can help you understand what types of evidence may be helpful.
