![]() ![]() The evidence showed the forklift had a lift capacity of 1,500 pounds. This was based on a violation of Labor Law 240(1). The Court found the building owner was at fault for the worker’s injuries. In the case, the appellate court agreed with the injured worker. Consequently, he landed on the aluminum sheeting in front of the forklift. As a result, the worker catapulted forward 10 feet into the air. After doing this, the load became unstable and the forklift tipped forward. The forklift lifted the aluminum sheeting off a flatbed truck. They were acting as counterweights for a load of aluminum sheeting. At the time, he and four other coworkers positioned themselves on the back of a forklift. A lumber company employee sustained injuries during the construction of a new building. One case involving a forklift, demonstrates how an operator, with no experience, can cause a worker serious injuries. Another rule prohibits a forklift from moving when the loaded forks are elevated higher than necessary to clear floor obstructions. Also, a forklift is prohibited from use on an uneven surface. The law protects workers when they fall from a height while working on an inadequate safety device that caused their accident. In addition, New York State Industrial Code, Section 23-9.8, requires a construction site forklift not to have a load beyond its capacity rating. The law requires building owners and general contractors to provide safety devices (for example ladders or scaffolds), that prevent workers from having height-related injuries. This law protects workers from harm resulting from the application of the force of gravity to an object or person. ![]() In New York a worker can sue a property owner or general contractor under Labor Law Section 240(1). So, if any of the supervising individuals fail to perform their duty of inspecting the forklifts, or their loads, to ensure they are stable and properly operating, accidents are the unfortunate consequence. Supervisors also need to warn workers to keep a safe distance from forklifts when they are in use. Certainly, their supervisors who are at the site, on a day-to-day basis, must ensure workers loading and operating a forklift have proper training. In New York a forklift accident lawyer will help prove the property owner or general contractor’s responsibility for your accident. There are numerous other examples but what they all have in common is that these accidents are preventable with proper safety precautions. Likewise, another cause is when a driver, who is not trained in how to operate a forklift, gets into a crash. Another common example of the cause for an accident is when a worker is struck, or run over, by a forklift. This can result from improper loading of materials, uneven weight distribution, or driving at an excessive speed. For instance, one major cause of accidents is when the forklift overturns or rolls over. Dangers of Operating a ForkliftĪ New York forklift accident lawyer has knowledge in determining different causes of an accident. There were more than 7,000 nonfatal injuries, for the same period. Bureau of Labor Statistics, between 2011 to 2017, 614 workers lost their lives in forklift incidents. While accounting for only 1% of workplace accidents, forklift accidents account for 10% of physical injuries in the workplace. ![]() When operated unsafely, forklifts are a dangerous industrial machine. However, they are also one of the most common causes for accidents that require hiring a forklift accident lawyer. Forklifts are essential for moving materials at construction sites. A New York forklift accident lawyer will be a key component in getting you the settlement you deserve in a forklift accident. ![]()
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