Are You in Need of a Manhattan Forklift Accident Attorney?

If you're a construction worker who's been injured in a forklift accident in Manhattan, workers' compensation provides medical coverage, partial wage replacement, and other benefits for you. Moreover, with the help of an experienced Manhattan personal injury lawyer, you may be able to pursue additional compensation from a negligent third party.

For legal guidance with your forklift claim, contact the Manhattan construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, to learn more.

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What Sets Us Apart From Other Forklift Accident Lawyers in Manhattan?

For over 50 years, Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has been getting justice for injured construction workers in Manhattan. We have the resources and experience to assist you with your workers' compensation claim and maximize your compensation.

Wingate, Russotti, Shapiro, Moses & Halperin, LLP | Forklift Accident Law Firm in Manhattan

  • We've won over $2 billion for our clients!
  • We're members of the Multi-Million Dollar Advocates Forum.
  • We have a perfect 10/10 AVVO score.
  • We're AV-rated by Martindale-Hubbell—the highest rating for ethical standards and legal ability.
  • We've been recognized by Super Lawyers Magazine.
  • We've been recognized as one of the Best Law Firms by U.S. News & World Report.

Have you been involved in a forklift accident in Manhattan? Contact WRSMH at (212) 986-7353.

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Do I Have a Case for My Forklift Accident?

Construction workers in Manhattan are entitled to workers' compensation benefits after a construction accident. You could also be eligible to collect further compensation if defective equipment or the negligent actions of a third party contributed to your injuries.

When you meet with the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, for your free consultation, we'll review your case and advise you about the best strategy for how to move forward.

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What Is My Forklift Accident Claim Worth?

Damages is a legal term that refers to a monetary award to compensate for an injury or loss of property. Economic damages are the financial losses you incur as a result of a forklift accident. These damages are quantifiable and directly related to the accident that caused you injuries.

Medical expenses are a major component of a work accident claim or lawsuit. These cover the cost of hospital visits, surgeries, medications, and other expenses. When injuries require long-term rehabilitation, such as physical or occupational therapy, these costs are also included. Medical devices like wheelchairs, electric scooters, walkers, and adjustable beds also fall under this category. If you require home modifications, like stairlifts, wheelchair ramps, accessible bathtubs, and lowered kitchen counters, these costs can be factored in, as well.

Economic damages also account for lost wages when you're unable to work due to your injuries. To calculate lost wages, Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will consider your regular salary, hourly wages, or any overtime pay you missed during your recovery period. This can also include bonuses or commissions you would have earned. In cases where your long-term earning capacity is affected, compensation may also cover the reduction in your future earnings. Evaluating this requires considering your age, skills, experience, and expected career path.

Noneconomic damages compensate injured workers for the intangible losses that result from a forklift accident. This may include pain and suffering, which accounts for the physical discomfort and emotional distress caused by the accident, and factors such as ongoing pain, anxiety, depression, or trauma stemming from the incident. Meanwhile, assessing noneconomic damages for loss of enjoyment of life requires acknowledging how your injury prevents you from participating in activities you once enjoyed.

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Common Types of Injuries From Forklift Accident Claims

A forklift is a fast-moving piece of heavy equipment that's used in close proximity to construction workers. When the proper safety precautions aren't followed, forklift accidents can cause catastrophic injuries. Frequent forklift accident injuries include:

  • Bone fractures
  • Head trauma
  • Traumatic brain injury (TBI)
  • Amputations
  • Crush injuries
  • Paralysis
  • Internal injuries
  • Soft tissue injuries
  • Nerve damage
  • Whiplash

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The Importance of Seeking Legal Help After an Injury in Manhattan

Your Manhattan forklift accident lawyer will make sure that all workers' comp claim is filed correctly, and they can also represent you if your claim is denied, allowing you to focus on recovery while ensuring your legal rights are protected. They can also explore additional avenues of compensation. For example, if your accident involves multiple parties, your attorney can file a claim or lawsuit against any negligent third party that contributed to your injuries.

If the negligent actions of a third party contributed to your injuries, you may be able to seek additional compensation. Negligent third parties may include:

  • Property owners
  • Drivers
  • General contractors
  • Subcontractors
  • Equipment vendors
  • Manufacturers of faulty equipment

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What Is the Statute of Limitations for a Forklift Accident Case in New York?

The statute of limitations is the legal deadline for initiating a lawsuit. For personal injury claims in New York, you have three years from the date of the accident to file a lawsuit. Usually, missing this deadline results in losing the right to seek compensation through the courts.

Call Now to Schedule Your Free Consultation: (212) 986-7353.

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What Is the Legal Process for Pursuing a Forklift Accident Case?

Workers' compensation is designed to provide financial support for medical expenses and lost wages following a workplace injury. In New York, you must notify your employer of the injury within 30 days of the accident. Failing to do so can jeopardize your claim.

Wingate, Russotti, Shapiro, Moses & Halperin, LLP, can guide you through the process, ensuring you meet all filing deadlines and comply with necessary procedures. We'll help you gather the necessary documentation, such as medical reports and employment records, to support your claim. We can also intervene if your claim is denied, representing you in appeals and hearings to help you secure the benefits you deserve.

Learn More During Your Free Consultation

During your free consultation with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our lawyers will explain how we can assist with your claim and discuss legal strategies. It's important to find an attorney who communicates clearly and makes you feel comfortable. You'll have the opportunity to ask questions and get to know us better so you can decide if our firm is a good fit for you.

We Collect Evidence to Support Your Claim

Collecting comprehensive evidence is essential for building a strong forklift accident claim. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will start by securing physical evidence from the accident scene. This includes gathering photos and inspecting the forklift involved in the event. This can reveal negligence, such as poorly maintained equipment and OSHA safety violations.

Our experienced litigators will obtain internal company documents to strengthen your claim, such as maintenance records, safety protocols, and training logs that reveal careless behavior or poor safety practices.

We'll also collect witness statements, providing firsthand accounts that allow us to piece together a compelling narrative of how the accident occurred, and may call upon specialist witnesses to help pinpoint the negligence that caused your injuries.

We'll Negotiate Your Claim

The key to negotiating a successful forklift injury claim is careful preparation. By accurately assessing the value of your claim based on the damages you've suffered, we're able to respond forcefully when the other side attempts to downplay your injuries or avoid liability for the accident. We handle back-and-forth negotiations, pushing for a settlement that accurately reflects the full cost of your injuries.

If the other side refuses to make a reasonable settlement offer, we won't hesitate to take your case to trial. This step becomes necessary when the insurance company offers an amount that doesn't adequately cover your losses. Going to trial may also be necessary when there are serious disputes about the facts of the case, such as who is at fault or the extent of your injuries.

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What Is Considered Negligence in a Forklift Accident Case?

Forklift collisions cause devastating workplace accidents, often resulting from operator error or environmental factors. Collisions occur when forklifts collide with other forklifts, stationary objects, or structures within a warehouse. Additional factors such as narrow aisles and cramped spaces increase the likelihood of these accidents.

Mechanical failures in forklifts also pose significant risks. These failures are caused by a lack of maintenance and the failure to address wear and tear that occurs over time. Common issues include brake malfunctions, steering problems, or hydraulic leaks, all of which can compromise the safe operation of the forklift. Therefore, regular inspections and maintenance are essential for identifying potential mechanical issues before they become a serious hazard. It's important to follow the manufacturer's maintenance schedule and ensure that qualified personnel perform repairs.

Forklift safety training is another important component of accident prevention in the workplace. Proper training equips operators with the skills and knowledge needed to handle forklifts safely, reducing the risk of accidents. Training programs should cover various aspects, including operating procedures, load management, and emergency protocols.

Poor visibility is a key factor in many forklift accidents in Manhattan because it hinders the operator's ability to navigate safely and avoid obstacles. For enhanced workplace visibility, areas must be well-lit, especially where forklifts operate frequently. Mirrors and cameras can also be installed to provide a better view of the surroundings, reducing blind spots. Forklift operators must be trained to check for any obstructions or changes in their path regularly and to communicate with pedestrians and other operators to ensure everyone is aware of each other's presence.

Moreover, rollovers are caused by overloading the forklift and improper handling, such as turning too quickly. For workers to prevent these accidents, they must be trained on how to maintain a safe speed and avoid sharp turns. Ensuring that loads are balanced and secured properly is also important.

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Some of Our Construction Accident Case Results

$1.95 Million | Forklift Operator Injured From Improperly Stacked Boxes

Bill Hepner secured a $1.95 million damages award for a client injured in a work-related accident during binding arbitration. Our client was unable to claim against his employer due to workers' compensation law, so he sued the produce delivery company. They had improperly stacked boxes in his truck, which led to our client sustaining three herniated discs in an attempt to push merchandise by hand. Despite our client having prior back issues, Hepner successfully argued that the injury was substantially caused by the defendant's negligence. Our client underwent fusion surgery and further procedures due to post-operative complications. Although our client was partially at fault for voluntarily pushing the boxes, Hepner's trucking specialist convinced a three-judge panel that the defendant's negligence was a key factor in the injury.

$1,500,000 | Ironworker Struck by Temporary Fence

WRSMH attorney Douglas Milch obtained a settlement in the amount of $1,500,000 (and a waiver of over $200,000 in workers' compensation liens) for a client, an ironworker who injured his cervical spine after being struck by a temporary fence at his job site. The fence had been blown over by a gust of wind at a notoriously windy construction site. Douglas was able to settle the matter despite the fact that the accident took place over 8 years prior and the client's previous attorneys had secured an offer of less than $50,000.

$900,000 | Construction Worker Injured from Ladder Fall

WRSMH attorney Jay Wechsler recently settled a case for $900,000. His client was a construction worker who fell from a ladder at a construction site. Our client suffered injuries to his ankle, which required surgery. Jay was granted summary judgment and was able to settle this case in a challenging venue and obtain an excellent result for our client.

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What Our Clients Have to Say About Us

"Can't Say Enough Good Things About This Firm." - Peter Desiderio (5-Star Google Review)

I was hit by someone else's material falling from above on a construction site. From the moment I started dealing with David Hoffman, I knew I was in good hands. He went above and beyond on even the smallest detail. He helped me with everything in a very fashionable and timely manner, from finding the right doctors to settling my case with the least amount of added stress. I just can't say enough good things about this firm. They must have written the book on how this is all supposed to work. For the life of me, I never thought that my dilemma could go so smoothly and I would be so happy with the results. Thank you so much!

"I am very glad that I had such a [good] lawyer." - Gennady K. (5-Star Yelp Review)

Kenneth Halperin, with his paralegal Oksana Tarasova, [helped] me very much. I got [injured in] construction in NY. I was waiting for a trial with my employer to get money for damages. Keneth Halperin was my lawyer. But, suddenly, my mother died. She lived in another country. I had to return to my country. Later, I tried to get a visa to America, but [the] USA embassy refused me. I thought I would never get paid for my injuries. But my lawyer made the settlement with my employer and received the money. Later, he sent [the] money to me in my country. I am very glad that I had such a [good] lawyer. He is a very honest person. Everyone can trust him completely. Thank you very much.

"Tremendous Help in Providing Wonderful Legal Services." - Gabby C. (5-Star Google Review)

My father, a union worker, had a terrible work accident, and both Fatos Dervishi and Steve Wagner were a tremendous help in providing wonderful legal services to him. They worked really, really hard, pursuing the case against the insurance companies behind the general contractor and also the worksite owner. This included Steve helping my father with a multi-day, very tough deposition. They were able to obtain a big settlement amount at a long, late-night mediation. Moreover, they were caring and considerate at all times. They are great attorneys, and my family considers them great friends as well.

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Types of Other Injury Cases We Handle

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Other Locations We Serve Near Manhattan

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Speak to a Manhattan Forklift Accident Attorney Now!

Let's discuss your case. Call our law firm at (212) 986-7353 for a free consultation.

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Frequently Asked Questions

What should I do after a forklift accident occurs in New York?

Inform your supervisor about the accident and see a doctor right away. Then, report the accident to the Department of Buildings (DOB) and contact the Manhattan forklift accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP.

How much does it cost to hire a forklift accident attorney in New York?

It doesn't cost you any money to hire a lawyer at WRSMH, and we won't charge you a penny unless we're able to win you a settlement.

Do I have to go to court to get a good settlement?

Not necessarily. Many cases are settled through negotiations, but the insurance companies won't take your claim seriously unless they know you have an attorney who's willing to go to court.

Is it possible to get extra compensation in addition to my workers' comp benefits?

Maybe. You have the right to seek additional compensation if a negligent third party caused your injuries. Negligent third parties may include drivers, general contractors, subcontractors, property owners, equipment vendors, and manufacturers of defective equipment.

Do I have to accept the first offer I get from the insurance company?

No, you don't—and you shouldn't. This is probably a lowball offer. The lawyers at WRSMH won't hesitate to take your case to trial if the other side refuses to make a serious settlement offer.

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