Forklift Accidents
Forklift tip-overs, struck-by incidents, and crush injuries from powered industrial trucks.
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Understanding Forklift Accidents
Forklift accidents on construction sites cause devastating crush injuries, amputations, and fatalities. Whether from tip-overs, struck-by incidents, or caught-between accidents, workers injured by forklifts have strong claims under Labor Law 240, 241(6), and common law negligence. OSHA requires operator certification and full safety measures that are frequently violated.
Key Facts
Approximately 85 workers are killed by forklifts annually
34,900 serious forklift injuries occur each year
42% of forklift fatalities involve tip-overs
70% of forklift accidents could be prevented with proper training
Common Safety Violations
When property owners or contractors fail to provide adequate safety measures, they may be held responsible under Labor Law 240. Common violations in forklift accidents cases include:
Uncertified forklift operators
Exceeding load capacity
Operating on uneven surfaces
No pedestrian safety zones
Failure to conduct pre-shift inspections
Missing or defective backup alarms
Common Injuries
Crush injuries
Traumatic brain injuries
Spinal cord injuries
Amputations
Multiple fractures
Death
Were You Injured?
If you or someone you know was hurt in a forklift accident, we can help you understand your options—no pressure, no obligation.
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Your Protection
Under Labor Law 240, property owners have an absolute duty to provide proper safety equipment. If they failed to protect you, you may have a claim—even if you made a mistake.
Learn about the lawOfficial Resources
Related Accident Types
OSHA Fatal Four
Caught-Between Accidents
Workers caught in or between machinery, equipment, or collapsing materials suffer crushing injuries.
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OSHA Fatal Four
Struck-By Accidents
Workers struck by vehicles, equipment, or swinging loads suffer devastating injuries.
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Equipment Failures
Crane Accidents
Crane accidents including load drops, tip-overs, and struck-by incidents cause catastrophic injuries.
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OSHA Citations on NY Construction Sites — FY2024
The federal standards below were the most-cited safety violations on construction sites nationwide last fiscal year. When any of these standards is violated on a New York job site and a worker is hurt as a result, the citation history can support a Labor Law 241(6) claim independent of Labor Law 240. Forklift Accidents cases routinely involve at least one of these standards.
Rank #1 · 29 CFR 1926.501
Fall Protection - General Requirements
6,763 citations issued in FY2024 · 6,615 on construction sites.
Rank #3 · 29 CFR 1926.1053
Ladders
2,764 citations issued in FY2024 · 2,711 on construction sites.
Rank #7 · 29 CFR 1926.503
Fall Protection Training
2,217 citations issued in FY2024 · 2,171 on construction sites.
Rank #8 · 29 CFR 1926.451
Scaffolding
1,937 citations issued in FY2024.
Rank #9 · 29 CFR 1926.102
Eye and Face Protection
1,912 citations issued in FY2024 · 1,814 on construction sites.
Source: OSHA Top 10 Most-Cited Standards, Fiscal Year 2024 (federal data).
Major NY Construction Unions
Most New York construction workers are covered by one of the locals below. Union membership does not waive your Labor Law 240 rights — and your collective bargaining agreement cannot bargain those rights away. Workers' compensation and a Labor Law 240 lawsuit run on separate tracks; you are entitled to both.
Laborers' International Union of North America (LIUNA)
8 active locals on NY job sites — including Local 6A, Local 66.
International Brotherhood of Electrical Workers (IBEW)
6 active locals on NY job sites — including Local 3, Local 25.
United Brotherhood of Carpenters and Joiners (UBC)
7 active locals on NY job sites — including Local 157, Local 926.
International Union of Operating Engineers (IUOE)
5 active locals on NY job sites — including Local 14-14B, Local 15.
International Association of Ironworkers
7 active locals on NY job sites — including Local 40, Local 361.
United Association of Plumbers and Pipefitters (UA)
6 active locals on NY job sites — including Local 1, Local 638.
International Brotherhood of Teamsters
4 active locals on NY job sites — including Local 282, Local 807.
International Association of Sheet Metal Workers
4 active locals on NY job sites — including Local 28, Local 46.
NY Industrial Code Rule 23 — Sections That Drive Liability
New York's Industrial Code Rule 23 (12 NYCRR Part 23) sits on top of OSHA and is frequently stricter. A violation of a specific Rule 23 section that proximately caused the injury supports a Labor Law 241(6) claim independent of Labor Law 240. The following are the sections most often cited in Forklift Accidents litigation:
- 12 NYCRR 23-1.7 — Hazardous openings, slipping hazards, falling hazards, drowning hazards.
- 12 NYCRR 23-1.15 — Safety railings on elevated work surfaces.
- 12 NYCRR 23-1.16 — Safety belts, harnesses, lifelines, and fall arrest systems.
- 12 NYCRR 23-1.21 — Ladders and ladderways: construction, placement, and use.
- 12 NYCRR 23-5 — Scaffolding (general requirements, planking, footings, guardrails).
- 12 NYCRR 23-9 — Power-operated equipment, including cranes, hoists, and earth-moving equipment.
Source: NY Codes, Rules and Regulations, Title 12, Part 23 (Industrial Code).
What Damages Cover in a Forklift Accidents Claim
Damages in a Labor Law 240 case fall into five categories: past and future medical bills, past and future lost earnings, loss of earning capacity, conscious pain-and-suffering, and (in fatal cases) wrongful-death economic loss to the family. The single largest driver is usually future lost earnings — calculated from the worker's pre-accident wage rate, projected to retirement age, and reduced to present value by an economist.
Settlement ranges depend heavily on injury severity, age, union vs. non-union wage rate, and whether the worker can return to construction. Catastrophic injuries — spinal-cord injuries, traumatic brain injuries, amputations — produce the highest verdicts because they eliminate earning capacity entirely. Soft-tissue and orthopedic injuries with full recovery sit at the low end of the range. Every case turns on the medical record and the economist's wage projection.
Frequently Asked Questions About Forklift Accidents
Common questions about forklift accidents claims and your rights under New York Labor Law 240.
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