Jed Dietrich, Esq. and the Aggressive, Tenacious and Hardworking Team at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for People Injured in Forklift Accidents.
Forklifts are regularly used in and around construction worksites, warehouses, wholesalers, retailers and factories throughout the United States. These machines can be very functional and, when used properly, greatly increase efficiency levels for loading, offloading and hauling boxes, pallets, containers and other heavy materials. Forklifts are not only beneficial for moving items from one place to another, but also for raising and lowering objects.
Nevertheless, forklifts can cause severe injuries or even death when they are not properly maintained or operated by trained professionals. The average forklift weighs three times as much as the typical passenger car. Each year, approximately 96,785 workers are injured as a result of improper forklift use. It is estimated that there are 855,900 forklifts throughout the country. This means that nearly 11% of all forklifts are involved in some type of accident. Forklift accidents result in roughly 34,900 serious injuries and 85 deaths annually.
Industries throughout Western New York most impacted by forklift accidents include construction, manufacturing, retail, wholesale and transportation. All workers are entitled to work in a safe and injury free environment. However, this is not always the case. When the negligence or carelessness of another causes a forklift accident, injured victims should not be forced to bear the cost of hospital and medical bills and not being able to work. Federal occupational safety and health laws were put in place to protect the safety of all employees working around forklifts. When companies disregard their duties to maintain safe workplaces, they may be held liable for any resulting injuries.
Forklift accident victims need the best personal injury lawyer in Buffalo, New York fighting on their side. Since 1999, Jed Dietrich, Esq., recognized as a Best Lawyer of America, has exclusively handled serious personal injury cases. If you were injured by a forklift, through no fault of your own, our team of top rated Buffalo, New York forklift accident attorneys are here to help. Jed Dietrich, Esq. fights to get winning results for people who injured in New York State and he has recovered over $175,000,000.00 in verdicts and settlements for his injured clients. Call Jed Dietrich, Esq. today at 716-839-3939 for your free consultation if you were injured in Buffalo, New York or elsewhere in New York State.
Forklift accidents are generally either the result of an employer’s negligence or an operator’s negligence.
An employer’s negligence can lead to forklift accidents in various ways including:
- Neglecting to adopt well-defined safety rules and guidelines for the maintenance and operation of forklifts;
- Overlooking the need to devise and implement a safe work environment for the operation of forklifts;
- Permitting an excessively noisy worksite where shouts and warnings cannot be heard;
- Failing to provide forklift operators with adequate training;
- Improperly maintaining forklift machinery;
- Missing or malfunctioning forklift safety protection systems;
- Failing to thoroughly and routinely inspect forklifts;
- Failing to post low clearance warning signs; and
- Neglecting to adopt adequate practices to prevent trucks being unloaded from enduring trailer-dock separation accidents.
Forklift accidents caused by an operator’s negligence commonly include:
- Driving forklifts at excessive speeds;
- Driving forklifts with the load elevated too high;
- Transporting unbalanced loads;
- Making inappropriate sharp turns;
- Engaging in improper reversing practices;
- Permitting other workers to ride on forklifts;
- Horseplay or operating forklifts erratically;
- Failing to communicate or warn other employees or people nearby;
- Parking forklifts with loads still elevated;
- Braking too suddenly; and
- Failing to take into account tight corridors or low clearances.
If you were injured by someone operating a forklift, one of the above-listed scenarios might have come into play. The operator of a forklift or the operator’s employer might be liable to you if you were injured through their negligence. Contact the Dietrich Law Firm P.C., recognized as a Best Law Firm of America, today at 716-839-3939. We are available 24 hours per day and 7 days per week. Jed Dietrich, Esq. and his team of highly experienced Buffalo, New York forklift accident attorneys will battle to obtain the best result for you if you were injured by someone else’s negligence.
According to research conducted by the Occupational Health and Safety Administration (OSHA), some of the most frequently occurring forklift accidents include other employees or nearby pedestrians being hit by forklifts, forklift tip-overs, getting crushed by a forklift’s load, falling off a forklift’s platform or being hit by items that fall off forklifts. Injuries from forklift related accidents account for roughly 10% of all workplace injuries. However, forklift accidents are typically much more severe than other types of accidents, as they account for one in six workplace deaths.
It is estimated that approximately 70% of the injuries could easily be prevented if employers provided more comprehensive safety training. OSHA recognizes the great dangers associated with forklifts and established statutory requirements and safety regulations relating to forklifts, including:
- Mandating that forklifts in use meet certain design requirements;
- Requiring that a forklift not be modified without the written approval of the manufacturer;
- Requiring a manufacturer’s approval prior to taking counterweighting measures;
- Mandating that forklift operators be at least 18 years old; and
- Requiring employers to design and implement training programs for forklift operators.
In order to protect other workers and nearby pedestrians, adequate forklift operator training should take into consideration safe operation and loading practices, as well as methods of warning workers in their vicinity.
If you were injured by a forklift because of the operator’s negligence, contact the Dietrich Law Firm P.C., recognized as a Best Law Firm of America, today at 716-839-3939. Our team of highly experienced forklift accident injury lawyers in Buffalo, New York are ready to pursue the compensation that you deserve for your injuries.
The sheer size and weight of forklifts, especially when carrying full loads, means that they can cause severe injuries in the event of an accident. Often, complex injuries result from forklift accidents where pinning or crushing occurs. A forklift accident might result in injuries such as:
- Broken bones;
- permanent disfigurement;
- Neck and back injuries;
- Total paralysis; severed limbs; or
Employers have a duty to protect their employees from danger at work and ensure a safe working atmosphere. Safety begins with proper training. It is the employer’s duty to ensure that the operator can safely and efficiently operate the forklift. When forklift accidents happened because of insufficient training, careless operation or inadequate maintenance, victims can face life-changing consequences. In order to provide a safe workplace, employers have to anticipate potential dangers that could result in forklift accidents. While injured workers typically cannot file a lawsuit against their employers, except in cases of gross negligence, workers’ compensation provides forklift accident victims with medical expenses and a portion of lost wages.
Additionally, people visiting businesses that suffer injuries in forklift accidents may be eligible to pursue personal injury claims against any responsible parties for compensation relating to medical expenses, lost wages, reduced capacity to earn, pain and suffering, loss of enjoyment and various other damages.
In many situations, there are third parties that can be held accountable for your injuries through a third-party personal injury lawsuit. These liable parties commonly include building owners, contractors, forklift manufacturers, forklift owners and forklift operators. Determining whether or not a third-party injury claim exists can be complicated and demands the assistance of an experienced personal injury attorney. For instance, a thorough investigation of your claim might reveal that the forklift malfunctioned because of a design flaw or manufacturing defect for which you may be able to file a lawsuit against the manufacturer of the forklift.
Jed Dietrich, Esq. has been handling serious personal injury cases since 1999 and has the experience and proven results to help you get the compensation you deserve. You need a dedicated personal injury attorney to investigate your accident and advocate for your rights. Contact us today at 716-839-3939 for your free consultation with our team of Buffalo, New York forklift accident attorneys.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!