Forklift Accident Law Firm with offices in Queens, Brooklyn, Manhattan & The Bronx

Forklift accidents can be devastating, leading to severe injuries or even fatalities. As a New York City resident, you have the right to a safe work environment. If you or a loved one has been involved in a forklift accident, you may be entitled to substantial compensation. The Orlow Firm specializes in these complex cases and can help you navigate the legal landscape to maximize your claim.

Key Takeaways

• Forklift accidents can lead to severe injuries and substantial financial burdens.
• You may be entitled to compensation for medical bills, lost wages, and other damages.
• Legal expertise is essential for maximizing your case.
• Call (646) 647-3398 For A Free Case Evaluation

How The Orlow Firm Maximizes Your NYC Forklift Accident Case

If you or a loved one has been a victim of a forklift accident in New York City, you’ll find that navigating the legal landscape can be overwhelming. It’s essential to have experienced legal counsel on your side to maximize your chances of receiving the compensation you deserve. At The Orlow Firm, our primary aim is to help you achieve the best possible outcome for your case. Here’s how we can help you maximize your case:

Personalized Legal Strategy: We understand that every forklift accident case is unique. Therefore, we take the time to evaluate the specific circumstances of your case to develop a customized legal strategy that is tailored to achieve your goals.

In-Depth Investigations: The details often make or break a personal injury case. Our team will conduct a thorough investigation into your accident, including collecting evidence, interviewing witnesses, and consulting with experts in relevant fields such as safety engineering and medical care.

Expert Negotiation: Insurance companies aim to minimize their payouts. That’s why it’s crucial to have skilled negotiators on your side. Our attorneys have years of experience in negotiating with insurance companies, helping to ensure that you receive a fair settlement offer.

Trial Readiness: While most cases are resolved through settlements, some may need to go to trial. Our legal team is fully prepared to take your case to court if necessary. We have a strong track record of successful litigation in New York City, and we’re ready to fight for your rights in the courtroom.

Comprehensive Case Management: From the initial consultation to the final settlement or judgment, we handle every aspect of your case. This comprehensive approach ensures that you can focus on your recovery, while we handle the legal intricacies.

Client-Centered Service: At The Orlow Firm, your well-being is our priority. We offer a client-centered approach to ensure that you are kept informed at every stage of your case. We are available to answer any questions you may have and provide timely updates on the progress of your case.

Contingency Fee Structure: We understand that legal fees can add another layer of stress to an already difficult situation. That’s why we operate on a contingency fee basis—you don’t pay us unless we win your case.

Resource Allocation: With extensive resources at our disposal, including connections to medical professionals, accident reconstruction experts, and forensic analysts, we can build the strongest possible case on your behalf.

Local Expertise: New York City laws and regulations can be complex. Our intimate knowledge of the local legal system can be an invaluable asset in building a strong case for your compensation.

Frequent Communication: Our commitment to clear and consistent communication ensures that you’re never in the dark about your case. From start to finish, you can expect regular updates from our team.

Don’t leave your future to chance; trust the expertise of The Orlow Firm to maximize your forklift accident case. Call (646) 647-3398 for a free case evaluation.

The Orlow Firm’s Successful Construction Accident Claims:

1. $3,375,000 for a construction worker who fell 12’ off a ladder. He injured his neck, back, elbow and shoulder. Both his neck and back required surgery.
2. $3,000,000 for construction worker who fell from a ladder sustaining a fractured femur requiring surgery as well as back injuries requiring surgery.
3. $2,500,000 for a construction worker who sustained injuries to his lower back requiring surgery when a wall collapsed on to the forklift he was operating.
4. $2,100,000 verdict for an undocumented construction worker who fell off a scaffold. He sustained injuries that required surgery to his elbow and shoulder.
5. $2,000,000 for a maintenance worker who fell while going down a cellar ladder. The fall caused injuries to his back that required surgery.
6. $1,850,000 for construction worker who was in the process of transporting an elevator platform when it toppled over into him causing an injury to his back which required surgery.
7. $1,750,000 Client was a construction worker who fell down stairs while carrying a bundle of metal studs. He injured his back requiring surgery.
8. $1,750,000 settlement for a construction worker who sustained a fractured ankle when he fell off a ladder. His ankle required multiple surgeries.
9. $1,600,000 for a construction worker injured when he fell down a temporary staircase which was shaking and not properly secured to the ground. He sustained injuries to his back requiring surgery which prevented him from working.
10. $1,375,000 for a construction accident in which a man fell from a scaffold, injuring his back and knee. The settlement was established through mediation.

Plus 10’s of millions more!

What Forklift Accident Victims in New York City Can Be Compensated For

If you’ve been involved in a forklift accident in New York City, you may be entitled to compensation for a variety of damages. These damages can be broadly classified into two categories: economic damages and non-economic damages. Understanding what you can claim will help you assess the full scope of your legal options.

Economic Damages

Medical Expenses: Compensation for medical expenses includes the cost of hospital stays, surgeries, diagnostic tests, prescription medications, and any other medical treatments related to the accident. Future medical needs related to the accident may also be covered.

Lost Wages: If you are unable to work due to your injuries, you may be eligible for compensation for your lost income. This also extends to future loss of earnings if your injuries result in long-term disability or career change.

Property Damage: If any of your personal belongings, such as clothing or electronic devices, were damaged during the accident, you might be entitled to reimbursement for their value.

Rehabilitation Costs: Physical therapy, occupational therapy, and other forms of rehabilitation are often necessary following a forklift accident. These costs can be included in your claim.

Out-of-Pocket Expenses: Costs incurred for things like travel to and from medical appointments, over-the-counter medication, and medical equipment like crutches or wheelchairs can also be claimed.

Non-Economic Damages

Pain and Suffering: The physical pain and emotional suffering you experience as a result of the accident can be quantified into a monetary value, though this is often subjective and varies from case to case.

Emotional Distress: Accidents can result in psychological impacts such as depression, anxiety, and post-traumatic stress disorder (PTSD). Compensation for emotional distress aims to account for this psychological toll.

Loss of Consortium: If your injuries adversely affect your relationship with your spouse, you may be able to claim for loss of companionship, sexual relations, and emotional support.

Reduced Quality of Life: If the accident results in long-term or permanent disability that affects your ability to enjoy life as you did before the accident, compensation can be sought for the reduced quality of life.

Disfigurement: If the accident leads to scarring or other forms of disfigurement, additional compensation may be awarded.

The damages you may be eligible for depend on the specifics of your case. Therefore, it’s crucial to consult experienced New York City forklift accident lawyers to accurately assess what you may be entitled to claim. With The Orlow Firm by your side, you can be confident that we will fight to secure the maximum compensation available for your case. Call (646) 647-3398 for a free case evaluation.

Who Is Legally Liable in New York Forklift Accidents

Determining legal responsibility in a forklift accident case is often a complex process involving multiple parties and various aspects of law. Understanding who is legally liable is crucial in securing fair compensation for your damages. Below are the common parties that could be held responsible for a forklift accident in New York City:

Employer: Employers have a duty to provide a safe working environment. If proper safety measures weren’t in place, or if the employer failed to adhere to safety regulations, they could be held liable for the accident.

Forklift Operator: If the accident was a result of negligence on the part of the forklift operator, such as reckless driving or failure to observe safety procedures, the operator might be held responsible.

Equipment Manufacturers: Defective forklift parts can lead to accidents. In such cases, the manufacturer of the faulty component or the forklift itself can be held liable for damages under product liability laws.

Property Owners: Accidents sometimes occur due to unsafe conditions on the property where the forklift is being operated. Property owners or managers may be held liable if it is proven that they failed to maintain a safe environment.

Maintenance Companies: If a third-party company is responsible for maintaining the forklifts and they fail to do so adequately, resulting in an accident, they may also be held liable for damages.

Co-Workers: Sometimes, the actions or negligence of a co-worker can contribute to a forklift accident. While worker’s compensation laws often limit the liability of co-workers, there are circumstances under which legal action against a colleague may be appropriate.

Training Providers: If an accident occurs due to inadequate training, the company or individual responsible for providing the training could be held liable.

Contractors or Subcontractors: If you are working in an environment where multiple entities are involved, such as a construction site, contractors or subcontractors who contributed to unsafe conditions may be held liable.

Government Entities: If the accident occurred on government property or involved government-owned equipment, you might be able to bring a claim against the responsible government entity. However, lawsuits against governmental organizations have specific rules and limitations.

Given the complexity involved in determining liability, it’s essential to consult with experienced New York City forklift accident lawyers to guide you through the legal maze. The Orlow Firm specializes in identifying all liable parties to maximize the compensation you could be entitled to. Call (646) 647-3398 for a free case evaluation.

Common Types of Injuries Sustained in NYC Forklift Accidents

Forklift accidents can result in a wide array of injuries, ranging from minor to severe and even fatal. Understanding the types of injuries that can occur is essential for both legal and medical purposes. Here are some of the most common types of injuries sustained in forklift accidents in New York City:

Soft Tissue Injuries: These include sprains, strains, and contusions that might appear minor initially but can result in long-term pain or complications.

Fractures and Broken Bones: Forklift accidents often involve heavy loads and machinery, increasing the risk of fractures and broken bones, particularly in the arms, legs, and ribcage.

Spinal Cord Injuries: Accidents involving forklifts can cause severe damage to the spinal cord, leading to partial or full paralysis.

Head and Brain Injuries: From concussions to traumatic brain injuries (TBIs), head and brain injuries can have devastating, long-lasting effects on victims and require extended medical care.

Lacerations and Cuts: Sharp objects and machinery parts can cause significant lacerations and cuts, which may lead to infection or other complications if not treated promptly.

Burns: Accidents that involve electrical components, chemicals, or fires can result in varying degrees of burns, which require specialized medical care.

Amputations: In severe cases, an accident may result in the loss of a limb, either during the accident itself or as a medical necessity afterward.

Internal Injuries: Internal bleeding or damage to organs can be life-threatening and usually require immediate medical intervention.

Crushing Injuries: Being pinned between the forklift and another surface can result in crushing injuries, affecting bones, muscles, and internal organs.

Eye Injuries: Flying debris or chemical splashes can result in eye injuries, affecting vision temporarily or permanently.

Psychological Trauma: Apart from physical injuries, victims may also suffer from psychological trauma such as post-traumatic stress disorder (PTSD), anxiety, or depression.

Due to the potential severity of these injuries, it’s crucial to seek immediate medical attention following a forklift accident. Moreover, these injuries can result in significant medical expenses, loss of income, and reduced quality of life, making it essential to consult New York City forklift accident lawyers like those at The Orlow Firm. Our experienced team can guide you through the complexities of personal injury law to help you secure the compensation you deserve. Call (646) 647-3398 for a free case evaluation.

Common Types of Forklift Accidents in New York City

Forklift accidents can manifest in various ways, each with its own set of causes and potential injuries. Understanding the different types of forklift accidents can help in both prevention and in navigating the legal landscape should you become a victim. Here are some of the common types of forklift accidents in New York City:

Tip-Over Accidents: One of the most common types of forklift accidents, this occurs when the forklift tips over due to imbalanced weight distribution or driving at high speeds. These can result in crushing injuries or even fatalities.

Falling Load Accidents: If a load is not securely attached, it could fall off the forklift, causing injuries to the operator or nearby workers.

Collision Accidents: Forklifts colliding with objects, other machinery, or even people can result in various injuries, from fractures to head injuries.

Pedestrian Accidents: Workers or bystanders who are not operating the forklift but are in its vicinity can be hit or run over, leading to severe injuries or death.

Elevated Falls: Accidents can happen when a worker is elevated on the forks and falls, usually due to lack of proper restraints or unstable standing platforms.

Caught-In or Caught-Between: These accidents occur when a worker is caught in or between the forklift and another object or surface, causing crushing injuries.

Load Ejection: In some cases, the forklift might eject the load it is carrying, especially if it is unevenly balanced or not properly secured, putting anyone in the surrounding area at risk.

Electrical Accidents: If a forklift comes into contact with electrical sources, this can result in electrical shocks or burns to the operator or others nearby.

Chemical Spills: Forklifts are often used to transport hazardous chemicals. If these chemicals spill during a collision or a fall, they can lead to burns and respiratory issues.

Ramp and Dock Accidents: Operating a forklift on a ramp or loading dock presents additional risks, such as the forklift rolling over or falling off the dock.

Off-Dock Accidents: In these instances, the forklift falls off the dock platform, potentially causing catastrophic injuries to the operator and damaging the equipment.

Due to the variety of ways these accidents can occur, it’s imperative to consult with skilled New York City forklift accident lawyers if you are a victim. The Orlow Firm has the experience and expertise to navigate the complexities of these accidents, helping you to identify responsible parties and secure the compensation you’re entitled to. Call (646) 647-3398 for a free case evaluation.

Relevant New York Laws Governing Forklift Accidents

Understanding the laws and regulations that govern forklift operations is critical when pursuing a legal claim for a forklift accident. New York City has specific laws and federal regulations that set standards for workplace safety, equipment manufacturing, and employee training. Here are some relevant laws you should be aware of:

Occupational Safety and Health Act (OSHA): OSHA has laid down comprehensive regulations for forklift operation under standard 29 CFR 1910.178. These cover a range of issues, including maintenance, operator training, and safety measures.

New York Labor Laws: New York State also has its own set of labor laws that complement federal regulations. These include stipulations on employee safety, equipment standards, and responsibilities of the employer to maintain a safe working environment.

Product Liability Laws: If your forklift accident was caused by a defective part or machinery, product liability laws could come into play. Manufacturers, distributors, or retailers may be held accountable for providing faulty equipment.

Negligence Laws: In many personal injury cases, including forklift accidents, the legal concept of negligence is often central to determining liability. Parties may be found negligent if they failed to act with reasonable care, resulting in an accident.

Premises Liability Laws: Property owners may be held responsible for forklift accidents if it can be proven that they failed to maintain a safe environment or properly warn of hazards.

Workers’ Compensation Laws: New York State Workers’ Compensation laws may apply if you are injured while operating a forklift at work. These laws provide benefits to injured workers but often limit the ability to sue the employer.

Vicarious Liability: In some instances, an employer can be held responsible for the actions of its employees under the legal concept of vicarious liability. This is often applicable if the employee was acting within the scope of their employment when the accident occurred.

Third-Party Liability: In cases where multiple parties are involved, such as contractors or subcontractors, you may be able to file a claim against third parties who contributed to the unsafe conditions that led to the accident.

Government Regulations: If your accident occurred on government property or involved government-owned equipment, there are specific rules and limitations for filing a lawsuit against a government entity.

Navigating the labyrinth of laws and regulations can be a daunting task, which is why it’s crucial to consult experienced New York City forklift accident lawyers like those at The Orlow Firm. We can help you understand how these laws apply to your specific case and guide you through the legal process. Call (646) 647-3398 for a free case evaluation.

Statute of Limitations for Forklift Accidents in New York

The statute of limitations sets the time frame within which you must file a lawsuit after suffering injuries in a forklift accident. In New York, the following statutes of limitations generally apply:

Personal Injury Cases: You generally have three years from the date of the accident to file a lawsuit for personal injuries.

Workers’ Compensation Claims: If you’re filing a workers’ compensation claim, you must notify your employer within 30 days of the accident and file your claim within two years of the accident date.

Product Liability Cases: For accidents caused by defective equipment, you typically have three years from the date of the accident to file a lawsuit against the manufacturer, distributor, or retailer.

Wrongful Death: If the forklift accident resulted in a fatality, the family has two years from the date of death to file a wrongful death lawsuit.

Claims Against Government Entities: If your accident involved a government agency or took place on government property, the time frame to file a claim is significantly shorter—often as brief as 90 days to file a notice of claim and one year to file the lawsuit.

Third-Party Claims: If you’re filing against third parties like contractors or subcontractors, the general three-year limit for personal injury would typically apply, but it’s essential to consult an attorney for specific advice.

Missing these deadlines can result in your case being dismissed, which is why it’s crucial to act quickly and consult legal experts proficient in the laws governing forklift accidents in New York City. The Orlow Firm’s team of skilled lawyers can help ensure that all legal procedures are followed correctly and within the stipulated time frame. Call (646) 647-3398 for a free case evaluation.

Preventing Forklift Accidents in New York City

Preventing forklift accidents is a shared responsibility between employers, operators, and even bystanders. Awareness and proper training can significantly reduce the risk of these often devastating incidents. Below are some prevention methods to consider:

Operator Training: The most crucial element in preventing forklift accidents is comprehensive training for operators. This should cover not only the operation of the machinery but also safety protocols and emergency response.

Equipment Maintenance: Regular maintenance checks can identify issues before they become major problems. This includes inspecting brakes, steering, controls, warning devices, and safety equipment.

Load Safety: Ensuring that loads are balanced and secure can prevent tip-over and falling load incidents. Operators should also be trained in understanding the forklift’s load capacity.

Speed Limits: Enforcing speed limits within the operating environment can reduce the risk of tip-over accidents and collisions.

Safety Gear: Operators should wear appropriate safety gear, including hard hats, safety shoes, and high-visibility clothing.

Communication: Effective communication between operators and other employees can prevent many types of accidents. This includes using horns and other warning devices when approaching corners, doorways, and pedestrians.

Safety Barriers: Implementing safety barriers like guardrails or clearly marked pedestrian lanes can help keep operators and bystanders separate.

Regular Audits: Employers should conduct regular safety audits to identify potential hazards and compliance with safety regulations.

Warning Signs: Posting warning signs at critical points, such as loading docks or areas where forklift traffic is high, can alert employees and visitors to potential dangers.

Emergency Plans: Having a well-rehearsed emergency plan can minimize the consequences when accidents do happen. This should include first-aid measures and emergency contact numbers.

Vehicle Inspections: Before each shift, operators should perform a pre-operational check of the forklift, noting any irregularities or potential issues.

Distraction-Free Operation: Discouraging the use of mobile phones or other distractions while operating a forklift can significantly reduce the risk of accidents.

By adhering to these prevention methods, both employers and employees can create a safer work environment. If you’ve been involved in a forklift accident despite taking preventative measures, The Orlow Firm can guide you through the legal aspects, helping you to secure the compensation you deserve. Call (646) 647-3398 for a free case evaluation.

Additional Resources for NYC Forklift Accident Victims

Navigating the aftermath of a forklift accident can be overwhelming, but there are several resources available to help you understand your rights, the relevant laws, and safety regulations. Below are some resources that can be beneficial:

OSHA Forklift Safety Guidelines: The Occupational Safety and Health Administration (OSHA) provides a detailed set of safety guidelines for forklift operators.
Visit OSHA’s Forklift Safety Guidelines

New York State Department of Labor: This resource provides information on workplace safety, workers’ rights, and other employment-related issues specific to New York.
Visit New York State Department of Labor

CDC NIOSH Forklift Safety: The National Institute for Occupational Safety and Health offers resources for understanding the safety measures to prevent forklift accidents.
Visit CDC NIOSH Forklift Safety

FMCSA Commercial Driver’s License (CDL) Requirements: If you’re operating a larger forklift that requires a CDL, this site provides the federal requirements and guidelines.
Visit FMCSA CDL Requirements

National Safety Council: The NSC offers various safety training resources, although these are general and not specific to forklifts.
Visit National Safety Council

Please note that while these resources are informative, they cannot replace the personalized advice and expertise that a skilled attorney can provide. If you or a loved one has been involved in a forklift accident in New York City, call (646) 647-3398 for a free case evaluation.

Frequently Asked Questions

1. How much does it cost to hire The Orlow Firm?
   The Orlow Firm works on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case, and our fee comes out of the settlement or award you receive.
2. What is my case worth?
   The value of a forklift accident case can vary significantly based on factors such as the severity of your injuries, medical costs, and loss of earnings. For an accurate assessment, consult with our attorneys by calling (646) 647-3398 for a free case evaluation.
3. How quickly should I contact a lawyer?
   The sooner, the better. Timely legal advice can help preserve evidence and witnesses, making it easier to build a strong case. New York has specific statutes of limitations, so it’s crucial to act quickly.
4. Do I have to go to court?
   Not necessarily. Many forklift accident cases are settled out of court. However, if a fair settlement isn’t possible, we are prepared to take your case to trial to seek the compensation you deserve.
5. How long does it take to resolve such cases?
   The duration of a forklift accident case varies depending on its complexity, the willingness of the parties to settle, and court availability. Some cases can be resolved in a matter of months, while others may take years.
6. What if I partly contributed to the accident?
   New York follows a “pure comparative negligence” rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

If you have further questions, please don’t hesitate to call (646) 647-3398 for a free case evaluation.

Why Choose The Orlow Firm as Your New York City Forklift Accident Lawyers