New York Forklift Accident Lawyer

The forklift is the workhorse of New York’s construction sites, warehouses, and industrial yards. It is a machine built for power and efficiency. But in the hands of an untrained operator or on an unsafe site, that power becomes a source of immense danger. 

A forklift is a multi-ton vehicle that can cause life-shattering harm in a single moment of carelessness. When an accident happens, the devastation is immediate. You may be pinned, crushed, or struck without any warning. 

The resulting injuries can end a career and change a life forever. You are left to deal with intense pain, mounting medical bills, and uncertainty about your future. You need a powerful advocate on your side.

At Hach & Rose, LLP, we have seen the catastrophic impact of these accidents. For nearly 25 years, we have been the New York forklift accident lawyers injured New Yorkers turn to for strength, guidance, and justice. 

We hold negligent parties accountable and fight to secure the maximum compensation our clients need to rebuild. You do not have to face this challenge alone.

If a forklift accident has injured you or a loved one, take the first step toward protecting your rights. Call Hach & Rose, LLP today at (212) 779-0057 for a free, confidential consultation with a skilled attorney.

Dangers of Forklift Operations

Many people underestimate the danger posed by a forklift, also called a lift truck, jitney, or tow-motor. Unlike a car, a forklift is uniquely hazardous due to its design and function.

• Immense weight: A standard warehouse forklift can weigh 9,000 pounds on its own — three times more than a typical car. When carrying a heavy load, its total weight can be far greater. This massive weight creates a devastating force in an impact.
• Instability: Forklifts are rear-steer vehicles with a three-point suspension system. This makes them inherently less stable than a four-wheel car. They are prone to tipping over, especially when turning too quickly, carrying an unbalanced load, or driving on an uneven surface.
• Significant blind spots: Operators have large blind spots in the front (due to the mast and load) and to the rear. This makes it difficult to see pedestrians or other workers in the vicinity.
• Unsecured loads: A load that is not properly balanced, secured, or is too heavy can shift or fall, crushing anyone below.

OSHA (the Occupational Safety and Health Administration) has extensive regulations for forklift operation for a reason. When these rules are ignored, people get hurt.

Common Causes of Forklift Accidents in New York

A forklift accident is almost always a preventable event caused by negligence. Our experienced legal team knows how to investigate these incidents to determine exactly what went wrong and who is at fault.

Some of the most common causes we see include:

• Inadequate operator training: The single biggest cause of accidents. An employer may fail to provide OSHA-mandated training and certification, or an operator may not have the experience to handle the specific machine or load.
• Speeding or reckless operation: Driving too fast for the conditions, taking sharp turns, or failing to look in the direction of travel are all recipes for disaster.
• Improperly secured or overloaded lifts: When a load exceeds the forklift’s rated capacity or is not balanced correctly, it can lead to a tip-over or cause materials to fall.
• Poor equipment maintenance: Like any vehicle, forklifts require regular maintenance. Accidents can be caused by faulty brakes, hydraulic failures, broken warning lights or horns, or worn-out tires.
• Unsafe work environments: Crowded and cluttered aisles, poor lighting, wet or uneven floors, and a lack of designated pedestrian walkways all increase the risk of an accident.
• Lack of communication: In a busy environment like a construction site or warehouse, clear communication is mandatory. Accidents happen when operators fail to use horns at intersections or when there is no spotter to help navigate blind spots.
• Failure to Provide Proper Safety Gear: Employers have a duty to provide workers with necessary personal protective equipment (PPE).

Where Forklift Accidents Occur

These incidents can happen in any environment where heavy materials are moved. In the New York area, we frequently handle cases arising from accidents at:

• Construction sites: Forklifts are essential for moving materials around active construction projects in all five boroughs.
• Warehouses and distribution centers: From Hunts Point Market in the Bronx to the many logistics centers in Queens and Brooklyn, warehouse workers are constantly exposed to forklift traffic.
• Big-box stores and retail centers: Stores like Home Depot or Lowe’s use forklifts to move pallets of goods, posing a risk to both employees and customers.
• Loading docks: The fast-paced environment of a loading dock is a common site for accidents involving forklifts and commercial trucks.
• Manufacturing facilities: Industrial plants rely on forklifts to move raw materials and finished products.

Injuries Caused by Forklift Accidents

Due to their immense weight and power, forklifts can cause some of the most severe and catastrophic injuries. 

We represent clients who have suffered:

• Crush injuries: Being pinned between a forklift and another object can crush limbs and cause severe internal organ damage.
• Broken bones and fractures: The force of a forklift impact can easily shatter bones, often requiring multiple surgeries and the insertion of hardware.
• Spinal cord injuries: An impact or fall can damage the spinal cord, leading to chronic pain, partial or full paralysis (paraplegia or quadriplegia), and a lifetime of medical needs.
• Traumatic Brain Injuries (TBI): A blow to the head from the forklift itself or from a falling load can cause concussions and severe brain injuries with long-term cognitive and emotional effects.
• Amputations: Tragically, crush injuries or run-over accidents can result in the traumatic amputation of a limb.
• Wrongful death: Too many forklift accidents are fatal, leaving families to cope with unimaginable grief and the sudden loss of financial support.

Who Can You Hold Liable for a Forklift Accident?

Determining liability is a critical part of your case. It is often more complex than just blaming the operator. Multiple parties may share responsibility for the unsafe conditions that led to your injury. 

Our investigation will focus on identifying every party that can be held accountable.

This may include:

• The property owner or general contractor: On a construction site, the owner and general contractor have a non-delegable duty to ensure the site is safe. If they failed to coordinate site traffic or enforce safety rules, they can be held liable.
• A subcontractor: If the forklift operator worked for a different company than you, that company can be held responsible for their employee’s negligence.
• The forklift manufacturer: If the accident was caused by a design or manufacturing defect — such as a faulty braking system or a lack of necessary safety features — a product liability claim may be brought against the manufacturer.
• A maintenance company: If an outside company was hired to service the forklift and failed to do so properly, they can be held liable for a resulting mechanical failure.

Workers’ Compensation Is Not Your Only Option

If you were injured at work, you are entitled to workers’ compensation benefits. These benefits cover your medical bills and a portion of your lost wages. However, workers’ compensation does not provide any payment for your pain and suffering.

The good news is that you may have another, more powerful legal option. If your injury was caused by the negligence of a third party — meaning anyone other than your direct employer or a co-worker — you have the right to file a personal injury lawsuit. 

This third-party lawsuit allows you to demand full compensation for all your losses, including the physical pain and emotional trauma you have endured.

Our attorneys know how to navigate the interplay between workers’ compensation and third-party claims to ensure you maximize your total recovery.

Powerful Protections Under New York Labor Law

New York law provides some of the nation’s strongest protections for workers on construction, demolition, and excavation sites. Two laws are especially critical in forklift accident cases:

• New York Labor Law § 240(1): Often called the Scaffold Law, this statute imposes strict liability on property owners and general contractors for injuries caused by gravity-related risks. This can apply to forklift accidents where a worker falls from an elevated forklift platform or is struck by materials falling from an elevated forklift. Under this law, the owner and general contractor are 100% liable, regardless of the worker’s own actions.
• New York Labor Law § 241(6): This law requires owners and general contractors to provide “reasonable and adequate protection and safety” for all workers on a site. It holds them accountable for violations of specific safety regulations in the New York State Industrial Code. Many of these regulations govern vehicle operation, traffic patterns, and material handling, making this law a powerful tool in forklift accident claims.

Our attorneys thoroughly analyze the facts of your case to determine if these special provisions of the New York Labor Law apply, providing a direct path to holding property owners and general contractors responsible.

A Commitment to New York’s Union Workers

Hach & Rose, LLP is proud to stand with union labor. We have a long history of representing members of various locals who were injured on the job. We understand the hard work you do and the dangers you face. 

If you are a member of a union for laborers, warehouse workers, equipment operators, or any other trade, we are here for you. We know an injury can threaten your career and your family’s security. 

We will fight to protect your rights and secure the compensation you have earned.

Hablamos Español: Ayuda Legal Para La Comunidad Hispana

Un accidente con un montacargas (“forklift”) es una experiencia aterradora. Puede ser aún más difícil si el inglés no es su idioma principal. En Hach & Rose, LLP, nuestro equipo incluye personal que habla español con fluidez para ayudarle a entender sus derechos.

Queremos que sepa algo muy importante: su estatus migratorio no le impide presentar un reclamo por lesiones en Nueva York. La ley protege a todos los trabajadores. No tenga miedo de buscar justicia. Llámenos al (212) 779-0057 para una consulta gratuita y confidencial. Estamos listos para luchar por usted.

Demanding the Full Compensation You Deserve

Our goal is to secure a financial recovery covering every loss you have suffered. We work with medical experts, life care planners, and economists to build a comprehensive claim for damages.

We will fight for compensation for:

• Economic damages:
  • All current and future medical bills (surgeries, hospital stays, medication)
  • Lost wages and income
  • Diminished future earning capacity if you cannot return to your old job
  • Costs of physical therapy and rehabilitation
  • Expenses for wheelchairs, home modifications, and other assistive needs
• Non-economic damages:
  • Pain and suffering (physical and mental)
  • Emotional anguish and distress
  • Loss of enjoyment of life
  • Permanent scarring and disfigurement
  • Loss of consortium for the impact on your marriage

Why Choose Hach & Rose, LLP?

When your health and financial future are on the line, the lawyer you choose makes all the difference. You need a firm with a proven track record, the resources to win, and a genuine commitment to your case.

We achieve multimillion-dollar outcomes

Our history of success is a testament to our skill and dedication. The attorneys at Hach & Rose, LLP have secured over one billion dollars in verdicts and settlements for injured clients. This track record includes numerous multimillion-dollar outcomes for victims of construction and workplace accidents. We have the experience to value your case properly and the strength to get the results you deserve.

We are proven trial lawyers

Insurance companies and defense firms know our reputation. They know we are not afraid of a fight. We prepare every case from day one as if it will go before a jury. This thorough preparation sends a clear message: we will not accept a lowball settlement offer. While most cases settle, our willingness and readiness to go to trial gives us maximum leverage in negotiations and is our greatest weapon in fighting for you.

We have deep technical and legal knowledge

Forklift accident cases require a deep understanding of workplace safety regulations, including complex OSHA standards and New York Labor Law. We know what evidence to look for, which experts to hire, and how to prove negligence in these specific environments. This technical proficiency allows us to build powerful, convincing cases.

You pay nothing unless we win your case

We firmly believe that your ability to get justice should not depend on your ability to pay. Hach & Rose, LLP operates on a contingency fee basis. This means you will never pay us a fee out of your own pocket. 

We only get paid as a percentage of the money we recover for you. If we do not win your case, you owe us absolutely nothing.

New York Forklift Accident FAQs

Take Control and Contact Us Today

The moments after a serious injury are overwhelming. But you have the power to take the first step toward justice. Do not let an insurance company or an employer dictate your health and future value. 

Let the dedicated and aggressive attorneys at Hach & Rose, LLP fight for you.

If you were injured in a forklift accident in New York, the time to act is now. Contact Hach & Rose, LLP at (212) 779-0057 for a free, no-obligation consultation. 

Let us show you how we can help you secure the compensation and peace of mind you and your family deserve.