Last reviewed: June 5, 2026 by Jacob Oresky, Esq.
A construction worker obtained a $6 million settlement after suffering foot and lower-extremity injuries when a forklift operator ran over the worker’s foot twice at an active construction site in White Plains, New York. The settlement was obtained after liability was established against the parties responsible for operating the forklift in an unsafe manner.
Case Facts
| Outcome | $6,000,000 Settlement |
| Resolution | Pre-Trial Settlement |
| Mechanism | Forklift Crush Accident |
| Workers Injured | One Construction Worker |
| Statute | New York Labor Law §§ 200 and 241(6) |
| Court | Westchester Supreme Court |
| Year | 2026 Settlement |
| Attorneys | Oresky & Associates, PLLC |
Forklift Accident — How the Accident Happened
The $6 million forklift accident case arose from construction work being performed at an active job site in White Plains, New York. The injured construction worker was employed as a carpenter and was assigned to cut plywood inside a garage area of the project.
While the construction worker was performing assigned duties, a forklift approached carrying large containers that obstructed the operator’s forward view. Although multiple workers were present and a flagger was available to assist, the forklift operator proceeded without a flagger and without providing any audible warning.
The forklift struck the construction worker and ran over the worker’s left foot. Seconds later, the forklift operator reversed and ran over the same foot a second time. Emergency medical personnel responded to the scene and transported the construction worker for emergency medical treatment.
Forklift Negligence — Why Liability Applied
Labor Law § 241(6)
New York Labor Law § 241(6) requires owners, contractors, and their agents to provide reasonable and adequate protection to workers performing construction-related work. The statute imposes a nondelegable duty to comply with specific provisions of the New York Industrial Code.
In the $6 million forklift accident case, the evidence established that debris was being removed from the construction site using a forklift carrying two mini dumpsters positioned in a manner that completely obstructed the operator’s forward view. Despite having a flagger available to assist, the forklift operator proceeded through an active work area without utilizing that safety measure.
Labor Law § 200 and Common-Law Negligence
Labor Law § 200 codifies the common-law duty to provide construction workers with a safe place to work. Property owners and contractors may be held liable when they have notice of a dangerous condition or unsafe work practice and fail to correct it.
In the $6 million forklift accident case, testimony established that the forklift operator routinely transported debris while operating with a completely obstructed forward view. The operator acknowledged that the dumpsters being carried blocked visibility and that the injured construction worker was not seen before impact.
The evidence further established that the forklift struck the construction worker while the construction worker was performing assigned duties in a stationary work area.
The $6 Million Settlement — How the Recovery Was Reached
The $6 million forklift accident case resulted in a substantial settlement after Oresky & Associates, PLLC developed evidence regarding both liability and damages.
During litigation, evidence showed that the forklift operator was transporting debris through an active construction area while carrying containers that obstructed the operator’s forward view. Evidence also showed that a flagger was available to assist with the operation but was not utilized before the forklift entered the area where construction workers were performing assigned tasks.
Following discovery and the development of medical and liability evidence, Oresky & Associates, PLLC secured a $6,000,000 settlement on behalf of the injured construction worker.
Injuries Sustained in the Forklift Accident
The construction worker suffered injuries to the left foot and lower extremity, including a crush injury, an open Lisfranc fracture-dislocation, nerve damage, deformity, and lacerations.
Treatment required multiple surgeries, including emergency procedures, fracture repairs, skin grafting, and joint fusion surgery. The construction worker also underwent extensive wound care and rehabilitation following the accident.
About the Attorneys Who Handled This Case
This case was handled by Jacob Oresky, Esq., and Steven Labell, Esq.
Jacob Oresky is the founder of Oresky & Associates, PLLC and has spent more than 30 years representing injured construction workers and accident victims throughout New York. His practice focuses on construction accidents, workplace injuries, and serious personal injury litigation.
Steven Labell is a personal injury attorney at Oresky & Associates, PLLC whose practice concentrates on construction accident litigation and other personal injury cases. He has helped secure significant verdicts and settlements on behalf of injured workers and accident victims throughout New York.
Related Construction Accident Verdicts and Settlements
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$8.75 Million Settlement — Construction Worker Injured at World Trade Center Site in Manhattan
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$7.5 Million Settlement — Construction Worker Injured in Brooklyn Scaffold Collapse
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Common Questions About the $6 Million Forklift Accident Settlement
Was the $6 million recovery a settlement or a verdict?
The $6 million recovery was a settlement obtained on behalf of an injured construction worker.
What caused the forklift accident?
Evidence developed during litigation showed that the forklift operator was transporting debris while carrying containers that obstructed forward visibility and entered an active work area where construction workers were performing assigned tasks.
What injuries did the construction worker suffer?
The construction worker suffered serious injuries to the left foot and lower extremity that required multiple surgeries, extensive wound care, and rehabilitation.
Does a similar forklift accident guarantee a similar recovery?
No. Every construction accident case is different. Prior results do not guarantee a similar outcome, and the value of any claim depends on the specific facts, injuries, and legal circumstances involved.
Get Answers About Your New York Construction Accident Case
Oresky & Associates, New York Construction Accident Attorneys
Construction workers injured by forklifts and other heavy equipment often face extensive medical treatment, lost income, and uncertainty about their future. Construction site owners, contractors, and equipment operators have a responsibility to maintain safe working conditions and follow proper safety procedures.
Oresky & Associates, PLLC, has spent more than 30 years representing injured construction workers throughout New York. Our legal team understands the complex legal and factual issues involved in construction accident litigation and works to hold responsible parties accountable when unsafe practices lead to preventable injuries.
If you or a loved one was injured in a forklift accident or other construction accident, contact Oresky & Associates, PLLC, for a free, confidential consultation to discuss your legal options.