New York Forklift Accidents Lawyer
Experienced New York Forklift Accidents Lawyer - KLS Law Office
Forklifts are essential machinery in construction sites and other industrial workplaces. They require specific certification to be able to use to avoid incidences of accidents and workplace injuries. Despite these safeguards, however, one in every ten forklifts is involved in a workplace accident. Forklifts caused 70 workplace accidents that resulted in fatalities in 2021 as well as about 7,300 nonfatal injuries that required the injured party to take a leave from work in 2020.
Getting injured in a construction accident, especially one involving heavy machinery like forklifts, can be overwhelming. Aside from costly medical bills, dealing with the legal issues involved with filing a claim for workers’ compensation or a personal injury suit can prevent you from fully focusing on your recovery.
Engaging the services of an experienced New York forklift accidents lawyer can be beneficial in ensuring that your rights are protected after an injury at work. From reporting the construction accident to filing a claim, a skilled attorney may be able to provide the legal assistance you need. At K L Sanchez Law Office, skilled Queens construction accident lawyer Keetick L. Sanchez and our team of NYC personal injury lawyer has helped parties who suffered from injury in construction accidents get the compensation they deserve.
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Top-Rated New York Personal Injury Attorney Keetick L. Sanchez Discusses the Dangers of Forklift Accidents
Forklifts have helped a lot in driving up efficiency in construction and industrial sites. With the improvement of safety standards and operating procedures, forklifts have continued to be a staple part of work sites in New York as they literally do some of the heavy lifting in our job sites.
Under Regulation regulation 1910.178, New York’s Occupational Safety and Health Administration (OSHA) requires all forklift operators in the state to undergo certification and training and be reevaluated every three years. Before a worker can operate a forklift on a job site, they need to have the appropriate certifications or risk being sued. Both employers and contractors can face hefty fines and criminal charges if found to be violating the law.
Training programs for forklift operators are matched to the kind of forklift they are going to be using. There is no one size fits all training program for forklifts as forklift trucks can have different specifications according to their purpose. When there is a mismatch between the training and the kind of forklift used, there can be operational errors that can cause a forklift accident.
If you have suffered an injury from a forklift accident in New York, it is important to seek the help of attorneys who are well-versed in handling the personal injury law in New York. An experienced lawyer may be able to help you see compensation for your injury.
At KLS Law Office, Queens injury lawyer Keetick L. Sanchez and our team of New York accident attorneys have years of experience helping clients through the process of filing an injury claim. Contact our law firm today to schedule a free case evaluation.
Standards on who is allowed to operate forklifts and who can undergo certification are codified by federal law and imposed by OSHA. It is against the law for people under 18 years old to operate forklifts especially if they have not received proper training and certification. Employers should ensure that all of their employees who operate forklift trucks have earned the necessary certification and are competent to handle such equipment.
Daily inspections of the forklift are also mandated by OSHA to ensure that the equipment is running properly and that safety features are operational such as the brakes and seat belts. Additional things to check should include the tires and whether they have enough pressure, fuel gauges and lines, warning horns, and lights.
Making sure that operators are well-trained in operating forklifts and conducting regular inspections of the equipment and the operating environments can help reduce the risk of forklift accidents from happening.
Not following the operating requirements for operators or pushing forklifts past their capacity can cause accidents and if operators or employers insist on violating these standards, this can constitute negligent behavior. When employers and operators choose to flout these rules, they breach the duty of care they have towards other workers and people in the area and ignore the risks their negligent behavior poses to other people’s safety.
Employers have a duty to make sure that their premises are safe for workers. If they promote behavior that would put the safety of their employees at risk or cause a hazard for people on the premises, they can be held liable for negligence.
Determining liability in a workplace accident can often be difficult. For forklift accidents, hiring a skilled forklift accident lawyer who can help investigate the circumstances of the accident can be crucial. If you have been injured in a forklift accident, an attorney can also assist you in filing for workers’ compensation benefits or filing a third-party personal injury case, depending on the circumstances of your case.
At K L Sanchez Law Office, we provide quality legal assistance to parties injured in workplace accidents caused by negligence. Our team of skilled New York forklift accidents lawyers provides experienced legal representation and can advocate for your rights as well as investigate the details of your case thoroughly.
To learn more about how we can assist you, schedule a free consultation today at (646) 701-7990.
Causes of Construction Accidents and Other Forklift-related Occupational Risks
Forklifts may not be as big as other construction machinery but they are still powerful industrial machines. According to the National Safety Council, most of the recorded injuries caused by forklifts are in the service and production industries, with construction also being among the top industries affected by forklift accidents.
Common risks associated with forklifts are injuries due to driving malfunctions, collisions, and falls from a forklift truck. These hazards can be avoided with proper training and risk-prevention measures. Awareness of the potential risks and the common reasons for accidents involving forklifts can be instrumental in avoiding the possibility of forklift accidents from happening.
Operational training for forklifts should include proper handling and use of attachments to avoid issues regarding operating clearances and weight capacities.
Just like other heavy machinery, there are limits to an equipment’s handling capacities. For forklifts, these can include speed limits as well as the need for clearance when a forklift is being operated.
One of the major hazards when using industrial equipment is the need to make space. For forklifts, operators have a limited view of their surroundings. Operators also need to be focused on their tasks to avoid any blind spot accidents. However, distracted workers can unwittingly get into an area where a forklift is being operated. For this reason, vigilance should be exercised to avoid accidents.
Forklifts are only designed to be operated in certain conditions. While some certification programs allow operators to undergo training in the warehouses or conditions wherein they would be expected to operate forklift trucks, there can be factors that affect operations in a practical context. A common cause of accidents involving forklifts is debris or puddles left on the flooring where the forklift is being operated. Most forklifts don’t have a lot of ground clearance and such debris can cause a malfunction that can cause injury. It’s important to make sure that heavy machinery is only operated in optimal conditions to avoid accidents.
Proper operation of forklifts includes being aware of the limitations of the equipment. Using a forklift to carry a heavier load than it is designed for can cause a malfunction or instability. There is a significant risk of a forklift being overturned if it’s overloaded past its capacity. It’s also crucial to make sure that any load is properly secured to avoid any accidents.
If you or a loved on has suffered from an injury after a forklift accident in New York City, it is important to seek the legal advice of a skilled attorney for personal injury. A skilled lawyer may be able to help you fight for your rights to receive the maximum compensation you deserve.
At KLS Law Office, our skilled team of Queens attorney for personal injury may be able to help you. Forklift accident Keetick L. Sanchez has years of experience in helping accidents victims with their injury claims. We may be able to help you, too. Contact our law firm today to speak with a top-rated attorney for personal injury in Queens, NY.
Types of Forklift-related Accidents:
Accidents can still happen to anyone, anywhere, and anytime. Regardless of the safety standards and protocols in place, there can be aggravating conditions that can contribute to the possibility of an accident happening.
Accidents involving forklifts can include the following:
- Overturned forklifts or rollovers
- Collisions when reversing
- Falling debris from unsecured cargo
- Mechanical malfunctions
- Operator error
- Collisions against other workers
- Unsecured forklifts falling from operation platforms
It is an employer’s duty to follow the safety standards and make sure that employees have the necessary certifications to operate machinery to avoid accidents. When an accident happens due to an employer or employee’s disregard for safety protocols, it makes them liable for causing the accident due to their negligence.
When building a case for negligence, it is important to have the help of experienced New York forklift accident lawyers who would be able to assist in investigating the circumstances of the case. Our team of skilled personal injury attorneys at K L Sanchez Law Office works diligently to hold negligent employers and forklift operators accountable for any accidents they have caused due to ignoring safety protocols.
Contact us today at (646) 701-7990 to learn more about how we can assist you.
Forklift Accident Attorney Keetick Sanchez Kinds of Injuries in New York Forklift Accidents
Injuries in forklift accidents can vary depending on whether the injured party was operating the equipment or a bystander at the time of the accident.
According to OSHA and the National Safety Council, the most common types of injuries in forklift accidents are the following:
- Bruises and contusions
- Muscle pain and soreness
- Soft tissue sprains, strains, and tears
- Cuts and lacerations
- Multiple Traumatic Injuries
- Wrongful Death
Injuries sustained in a forklift accident can range from minor bruising to severe life-threatening injuries. Industrial and construction workers are at risk of being crushed by forklifts or cargo in collision accidents or getting thrown off of the vehicle due to malfunctions. This is why specific emphasis is given to making sure that safety protocols and guidance about maintenance are followed.
Filing a workers’ compensation claim requires meeting strict deadlines and following the procedure of filing for your benefits under New York law. Not following the statute of limitations on filing a claim can jeopardize your ability to recover compensation.
After an accident or if you sustain an on-the-job injury, you must report to your immediate supervisor regarding the incident. If you are aiming to claim workers’ comp benefits, you must also report your injuries within 30 days of the incident and if you have incurred other damages, you must file a claim no more than 2 years after the accident.
To meet these deadlines and to learn more about the necessary documents you would need to gather to file a claim, getting the help of an experienced New York workers’ compensation attorney can be beneficial. Contact K L Sanchez Law Office to learn more.
KLS Law Accident Lawyers Explain Forklift Accidents In A Warehouse
To efficiently move goods within a warehouse, forklifts are a vital piece of equipment. These specialized vehicles are used for lifting and transporting heavy loads, allowing workers to move items quickly and efficiently. However, it’s important to note that forklifts can pose a safety risk if not used correctly. Accidents involving forklifts can cause serious injuries or even fatalities, so it’s crucial to ensure that proper safety precautions are in place.
To avoid forklift accidents in a warehouse, employers should take proactive measures to minimize these risks, including providing proper training and certification to forklift operators. This training should include familiarization with the forklift’s controls, capacities, and safety features. In addition, maintaining a clean and well-organized warehouse is essential for safe forklift operation. Employers should ensure the workspace is free of clutter and obstructions that could impede safe forklift movement. Adequate lighting is also necessary to prevent accidents caused by poor visibility.
Regular maintenance and inspection of forklifts is necessary to ensure their safe operation. Employers should establish a maintenance program that includes daily inspections of forklifts before they are used. Any defects or malfunctions must be immediately reported, and the forklift should be taken out of service until repairs are made.
A standardized procedure for loading and unloading materials using forklifts is also critical for preventing accidents. Employers should establish processes that ensure proper stacking of pallets and account for the weight and height of loaded pallets. Forklift operators should exercise caution when loading and unloading and avoid carrying loads that are too large or unstable.
People who are injured in a forklift accident have two options when filing a claim. If the person is not an employee on the job site, they can file a personal injury claim against the negligent parties. For employees injured on the job, say in a construction accident, they can utilize their workers’ compensation benefits.
Workers’ comp in New York covers medical bills and everyday expenses for injured workers but the compensation acquired in a workers’ comp claim can be less inclusive compared to a personal injury case. When you avail of workers’ comp benefits, you may be unable to file a personal injury case against your employer and some types of compensation like pain and suffering may not be available for you.
Workers’ compensation covers the following types of damages in New York:
- Medical expenses
- Lost wages
- Temporary payment of partial and total disability benefits
- Permanent payment of partial and total disability benefits
- Wrongful death benefits
While you may not be able to claim other types of damages in a workers’ comp benefit case, there’s no need to prove that another party’s negligence caused the accident you were involved in. It only matters that you were on the job and that the accident happened in the workplace. When claiming damages in a personal injury case, however, you will still need to prove negligence and determine the party who is liable for your injuries.
Whether you are planning to claim damages through workers’ compensation or by filing a third-party personal injury claim, working with an experienced New York personal injury attorney is beneficial. Contact K L Sanchez Law Office today to schedule a free consultation.
Get Quality Legal Assistance From the Experienced New York Forklift Accident Attorneys at K L Sanchez Law Office
Workplace accidents can leave a person vulnerable not only to financial issues due to medical expenses but also due to not being able to earn a living. Forklift accidents can cause serious damage and can be avoided if all the responsible parties exercise their part in following safety protocols. Workers injured in forklift accidents are entitled to file a claim for the injuries they sustained, either in a workers’ compensation claim or in a personal injury suit.
At K L Sanchez Law Office, our team of experienced forklift accidents attorneys may be able to help you file a claim in a timely manner and assist you in getting the compensation you deserve. We can help gather and investigate the nature of your accident and file a third-party personal injury suit if necessary. If you have been injured in a forklift accident, whether in a construction site or other industry, your ultimate focus should be on your recovery. We’ll do the legal heavy lifting for you.
Contact us today at (646) 701-7990 to schedule a complimentary consultation.