Bronx Forklift Accident Lawyer

Trusted Bronx Forklift Accident Attorneys

Since 1992, the trusted Bronx forklift accident attorneys at Oresky & Associates, PLLC have been on your side. 

We see powerful companies and their insurers take advantage of injured workers and bystanders every day. That’s why our attorneys use their knowledge and experience to level the playing field for injured clients.

You already know how dangerous forklifts are to operators and those around them. Forklifts carry heavy loads and can severely injure a construction worker in their path. If a worker is struck by a forklift, the injuries can be severe and life threatening, even resulting in death. We fight for people injured in forklift accidents so they can recover much-needed financial compensation. Contact us for a free consultation to discuss your case and how we can help you.

What Causes Forklift Construction Accidents?

Lift trucks, pallet trucks, and motorized hand trucks are just a few types of forklifts — machines with forks or platforms that lift and carry heavy loads. The weight of the operator and the motor or engine counterbalance the load.

Forklifts are heavy and complicated machines. They require skills to operate safely. And even when operated perfectly, they can malfunction. Forklift accidents might have the following causes:

• Operator inexperience
• Driver errors, such as speeding or driving with elevated loads
• Obstructed views
• Unbalanced or overweight loads
• Uneven floors
• Vehicle malfunctions and poor maintenance

These problems can injure operators, workers, and bystanders.

Common Forklift Accident Injuries

Forklift accidents take a few common forms. A rollover can happen when an operator turns too quickly, overloads the truck, or drives on uneven surfaces. It can also happen when the load suddenly shifts due to improper securing. Rollover accidents can cause crushing injuries when the vehicle falls on a construction worker.

Dropped loads can occur when the hydraulics fail, the driver speeds, or the load comes loose from the forks. The falling load can hit workers and bystanders, causing broken bones and other crushing injuries. The sudden weight shift can cause the forklift to tip or roll, injuring the operator.

Collisions happen when a forklift crashes into another vehicle or a fixed object. These accidents can result from careless operation, view obstructions, and malfunctions in the steering or brakes. Like a car crash, a forklift collision might cause these injuries to the operator:

• Neck injuries like whiplash
• Back injuries like herniated discs or fractured vertebrae
• Brain injuries
• Broken bones
• Soft tissue injuries

Forklift collisions can also trigger other injury accidents. For example, a forklift could hit a rack, causing it to topple over and crush fellow workers.

How Can Oresky & Associates Help with a Forklift Accident?

One important role we play is to gather all the information we can and find out who was responsible for the accident. For example, certain times a flagman may have been required to assist the forklift operator. The failure to provide a flagman may make additional parties responsible for the accident.   

Once we determine what happened, an experienced Bronx forklift accidents lawyer from Oresky & Associates will meet with you to discuss the next steps. You might have the following options:

•  File a lawsuit in Court
•  Seek an early settlement of your case

Once we identify the at-fault party, we can provide the following services:

• Assess the value and strength of your case
• Gather evidence to support your claim
• Prepare and file a lawsuit 
• Hire expert witnesses
• File an insurance claim against the at-fault party
• Negotiate with the insurer to settle your claim
• Bring your case to trial

We represent you on a contingency basis. This means you only pay if we win or settle your case.

Contact Bronx Forklift Accident Attorney for a Free Consultation

Our Bronx forklift accident lawyers are ready to help you put your life back together after your injury. Contact us for a free consultation.

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What to Do If You Got Injured in a Forklift Accident

After your forklift accident, you must act right away to preserve your legal rights. These are a few helpful steps to take after your injury:

• Notify your employer of the accident if it is work-related
• Document the accident scene with photos and videos, if possible
• Seek emergency medical attention if necessary
• Once your condition is stable, continue to get medical care appropriate for your injuries
• Keep track of your medical treatment and costs

You should also file for workers’ compensation benefits. Your employer is legally obligated to provide this insurance. Under this no-fault system, the insurer pays workers’ comp benefits regardless of who caused your injuries.

After an on-the-job injury, the insurance company will pay for all of your reasonable and necessary medical care. It may also pay to replace part of your income if you cannot return to work immediately. 

What Damages Are Available for Forklift Accident Victims?

Under New York law, you can pursue claims against people or businesses, other than your employer, that negligently injure you. 

When you successfully prove liability, you can pursue compensation for economic and non-economic losses. Non-Economic losses cover damages for pain and suffering, both past and future.  

Economic Damages include the costs of overcoming your injuries:

• Past and future medical bills
• Lost income from missing work
• Diminished future income due to chronic conditions
• Amounts spent out of pocket for medical necessities such as crutches, wheelchairs, and an aide to assist with personal upkeep.

You can document these losses by keeping track of financial records. Keep copies of bills, receipts, and statements that show the reason and amount for the costs you incur related to your injuries.

Non-economic losses account for the impact of your injuries on your quality of life. By definition, these losses do not have a simple price. But they nonetheless affect your happiness and well-being. Some examples of these losses include:

• Past and future physical pain and suffering
• Mental suffering
• Disability
• Dismemberment
• Disfigurement

What Factors Determine Your Settlement?

Several factors will affect the amount of a settlement:

• The causes of your accident 
• The severity of your injuries
• The impact of your injuries on your ability to work
• The effects of the injuries on your daily life
• The available insurance coverage or assets of the responsible party.

The severity of your injuries will help a claims adjuster or jury understand the need for any medical treatment you received as well as the treatment you may undergo in the future.

The severity of the injuries will also affect the treatment costs from your forklift accident. Bronx, NY, medical costs can be fairly high, and ongoing treatment for forklift accident injuries can vary widely.

The Workers’ Compensation Paycheck

Workers’ comp insurance pays for all necessary medical expenses, including any emergency treatment you needed before you filed your claim. It also replaces part of your income if you cannot return to work immediately.

You can file a workers’ compensation claim without affecting your right to pursue a third-party lawsuit. However, workers’ comp does not cover everything. Some of your lost income will go unreimbursed, and you cannot get damages for your pain and suffering. 

After you file your workers’ comp claim, speak to our forklift injury attorneys. Bronx forklift operators and those injured by a forklift in the Bronx may have additional options for compensation.