Forklift Accident Attorney New York
Trusted Legal Advocacy & Real Results for Injured Workers
If you or a loved one has been seriously injured in a forklift accident on a New York job site, you are facing immense physical, emotional, and financial pressure. In an instant, your ability to work and provide for your family is put at risk by severe injuries, mounting medical bills, and uncertainty about the future. At Schotter Millican, LLP, we understand the unique challenges injured workers face in New York City. We are not just attorneys; we are advocates dedicated to helping you navigate the complexities of your claim and secure the full compensation you are entitled to under New York law.
Our firm is built on a foundation of deep legal knowledge, compassionate client service, and strong ties to local labor unions. When you are injured on the job, you need more than just legal advice—you need a trusted partner who understands the local landscape. As a leading New York Workers' Compensation Lawyer team, we have seen firsthand how devastating forklift accidents can be. We guide you through every step of the process, from ensuring you receive immediate medical care to fighting for your long-term well-being, so you never feel like just another case file. Don’t face the aftermath of a workplace accident alone.
Call Schotter Millican, LLP at (718) 550-0610 for a free, confidential consultation to discuss your rights and legal options today.
Your Rights: Workers' Compensation vs. Third-Party Lawsuits
After a forklift accident, many workers believe their only option is workers' compensation. While crucial, it may not be the only path to recovery. Understanding the full scope of your rights is the first step toward securing the justice you deserve.
Securing Your Benefits Through a Workers' Compensation Claim
New York operates under a "no-fault" workers' compensation system. This means that regardless of who caused the accident, you are entitled to benefits for an injury sustained during your employment. These benefits are designed to cover:
- All necessary medical treatment related to the injury.
- Partial wage replacement benefits if you are unable to work.
Our role is to manage this entire process for you, ensuring your claim is filed correctly and on time, and fighting back if the insurance company tries to deny or undervalue your benefits.
Holding Negligent Parties Accountable: New York's Labor Laws
In many forklift accident cases, the incident was preventable and caused by the negligence of a party other than your direct employer or a co-worker. This is where New York's powerful labor laws come into play, potentially allowing you to file a third-party personal injury lawsuit for damages not covered by workers' compensation, such as pain and suffering.
Labor Law § 200: This law codifies the general duty of owners and general contractors to provide a safe work environment. We use this to hold them accountable for dangerous conditions like cluttered aisles, poor lighting, or failing to enforce safety protocols.
Labor Law § 240(1) (The "Scaffold Law"): This crucial law provides protection for workers from gravity-related risks. In a forklift context, this can apply to workers who fall from an elevated forklift or are struck by materials falling from an improperly loaded forklift.
Labor Law § 241(6): This section requires owners and contractors to comply with specific safety rules and regulations outlined in the New York State Industrial Code (e.g., rules requiring audible warning devices or overhead canopies on forklifts). A violation that causes an injury creates a path for a successful lawsuit.
As experienced forklift accident attorneys, we meticulously investigate whether any of these laws were violated, opening the door for a third-party claim that can run simultaneously with your workers' compensation case.
Investigating the Common Causes of Devastating Forklift Accidents
OSHA reports that a significant percentage of forklift accidents are preventable. Our investigations focus on uncovering the root cause of your accident to identify all liable parties.
Inadequate Training and Operator Error
Employers are legally required to provide comprehensive training and certification for all forklift operators. Accidents frequently result from speeding, taking turns too quickly, improper backing techniques, or a general lack of situational awareness.
Defective Equipment and Lack of Maintenance
Forklifts are complex machines that require routine inspections and maintenance. We investigate maintenance logs to uncover negligence such as faulty brakes, failing hydraulic systems, worn-out tires, or a disabled warning alarm that directly led to the accident.
Unsafe Work Environments and OSHA Violations
A worksite itself can be a hazard. We scrutinize the accident scene for issues like uneven or slippery surfaces, narrow or obstructed aisles, and poor lighting—all of which are violations of OSHA standards and can establish liability for the property owner or general contractor.
Types of Forklift Accidents We Handle
Our firm has the experience and resources to handle claims arising from any type of forklift incident, including:
Rollovers and Tip-Overs: The most fatal type of forklift accident, often caused by overloading, sharp turns, or operating on an incline or uneven surface.
Pedestrian Collisions and "Struck-By" Incidents: When an operator's view is obstructed or there is no clear separation between machinery and foot traffic, workers can be struck, crushed, or run over.
Falling Loads and Materials: Improperly secured or unbalanced loads can shift and fall, striking the operator or nearby workers and causing catastrophic injuries.
Falls from Elevated Forks: Using a forklift to improperly elevate a worker without an approved safety cage is a severe violation that often leads to devastating falls.
Critical Steps to Take After a Forklift Accident in New York
What you do in the moments and days following an accident can significantly impact your health and the strength of your legal claim.
- Seek Immediate Medical Attention: Your health is the top priority. Go to an emergency room or see a doctor right away, and be sure to tell them your injuries are work-related. This creates a critical medical record.
- Report the Incident: Notify your supervisor or employer of the accident in writing as soon as you are able. Be specific about the date, time, and what happened.
- Document Everything: If possible, take photos or videos of the accident scene, the forklift, and your injuries. Get the names and contact information of any witnesses.
- Do Not Give a Recorded Statement: Do not speak to an insurance adjuster or sign any documents without first consulting an attorney. Their goal is to minimize their payout, not to protect you.
- Contact an Attorney: The sooner you speak with a forklift accident lawyer, the better. We can immediately take steps to preserve evidence and protect your rights.
Why Choose Schotter Millican, LLP for Your Forklift Accident Claim?
In a city with countless law firms, Schotter Millican, LLP stands apart as a trusted advocate for injured workers. Our reputation is built on delivering real results through personalized, solution-oriented representation.
Mastery of New York Labor Law: We have a comprehensive command of NY Labor Laws §§ 200, 240, and 241, and the State Industrial Codes. We know how to use these laws to hold negligent owners and contractors accountable.
Proven Union and Labor Advocacy: Our deep relationships with the MTA and other citywide labor unions provide us with unique insights into your rights under collective bargaining agreements, helping us maximize your recovery.
Multilingual Support for All Workers: Our team is fluent in English, Spanish, and Polish. We ensure you can tell your story and understand your rights clearly, without the risk of being misunderstood.
A Commitment to Your Dignity: We understand the stress you are under. Our team provides clear, honest communication at every stage, empowering you to make confident decisions for your future while we handle the legal burdens.
Frequently Asked Questions About New York Forklift Accident Claims
Who can be held responsible for my forklift accident injuries?
While you cannot sue your employer directly (this is what workers' comp is for), other parties can be held liable. This may include the general contractor, the property owner, the forklift manufacturer (if it was defective), or another subcontractor on site whose negligence caused your injury.
Can I still get compensation if I was partially at fault?
For workers' compensation, yes. It is a no-fault system. For a third-party lawsuit, New York's "comparative negligence" rule still allows you to recover damages, but your award will be reduced by your percentage of fault.
How long do I have to file a claim after a forklift accident in NY?
You must generally notify your employer within 30 days and file a formal workers' compensation claim within two years. The statute of limitations for a third-party personal injury lawsuit is three years from the date of the accident. If a wrongful death occurred, the limit is two years. Deadlines can be much shorter (as little as 90 days to file a notice) if a government entity is involved, so it is crucial to act fast.
How Does Schotter Millican, LLP Support Non-English Speaking Clients?
We provide multilingual legal support in English, Spanish, and Polish to all forklift accident clients in New York. This ensures every client can clearly understand their legal options and communicate their needs throughout the process.
Contact Our New York Forklift Accident Lawyers Today
If you have been injured in a forklift accident, you don’t have to carry the weight of the legal and financial aftermath by yourself. The dedicated team at Schotter Millican, LLP is here to lift that burden, providing the compassionate guidance and powerful advocacy you need to move forward. We are committed to protecting the rights of New York’s workers and ensuring you receive the justice and recovery you deserve. Take the first step toward securing your future. Let us hear your story and explain how we can help.
Call us at (718) 550-0610 or contact us online to schedule a free, no-obligation consultation today.
