The New York City area is experiencing an increase in real estate development, as can be clearly seen by looking at all the construction sites in progress throughout the city. While this rebound is likely to be extremely profitable for those in the construction industry, it also presents an increased level of risk for workers.

Construction accidents, particularly those involving forklifts or forklift operators, are on the rise. There are at least 85 forklift accidents per year resulting in fatalities, with another 34,900 forklift accidents resulting in serious injuries, according to Occupational Safety & Health Administration (OSHA) statistical reports.

An additional 61,800 reported forklift injury accidents each year are classified as non-fatal, OSHA says. Of forklift accidents in which an individual is crushed between the vehicle and another surface, approximately 25 percent occur on construction sites.

Most Common Causes of Forklift Accidents

Even when foremen, forklift operators and construction workers are careful and follow strict safety procedures, accidents on construction sites can and do occur.

A forklift is a powered industrial truck designed to move heavy materials and supplies. This piece of heavy machinery can be extremely dangerous under certain conditions.

While many factors can contribute to causing forklift accidents, the most common causes of forklift accidents on construction sites are:

• A lack of proper training and experience on the part of forklift operators.
• Improper maintenance and repairs, or equipment that is too old.
• Misuse of attachments and other forklift accessories.
• Job stress resulting from unrealistic schedules or deadlines.
• Loads that are either too heavy or have been incorrectly stacked.
• Obstructions or other dangerous work environments.
• Failure to post warning signs or have key safety precautions in place.

Safety Tips to Help Prevent Forklift Accidents in New Jersey and New York

If you operate a forklift at a construction site, The National Institute for Occupational Safety and Health (NIOSH) recommends you take the following precautions to prevent injury or death:

• Never operate a forklift unless you have received the proper training and licensing.
• Use seatbelts and other safety features, and report it if they are not available.
• Be sure to make a report concerning any damage or problems you experience during your shift.
• Exercise high levels of caution when using a forklift on grades or ramps.
• Never raise or lower the forks while the forklift is in motion.
• Never exceed weight limits.
• Keep a clear view of what is in front of you.
• Do not operate a forklift with other workers standing close by, particularly when going up a ramp or grade.

All construction workers must remain alert and aware of their surroundings, particularly when working on or around forklifts and other pieces of heavy equipment. Never assume a forklift operator can see you, as there is a very good chance he or she cannot.

Do not climb onto a forklift unless specifically instructed to do so and you have the right safety equipment. Never stand right next to, in front of or behind a forklift when its operator is attempting to go up a grade or ramp.

Forklift Accidents in New York: A Worker’s Right to Compensation

If you are a construction worker who has been seriously injured in a forklift accident or other type of construction accident, you may have the right to pursue compensation.

Employers are required by law to provide their employees with a safe working environment, free from unreasonable dangers or risks. If negligence on the part of an employer, developer or property owner leads to serious injuries, the injured employee may have the right to file a lawsuit in New York seeking damages under certain circumstances. Injured workers in both New York and New Jersey typically have the right to workers’ compensation benefits regardless of employer negligence.

A third-party construction accident lawsuit may be an option in either New York or New Jersey. This kind of claim may be brought if someone other than the victim’s employer and co-workers was responsible for the injury. For example, if you were working on a construction site and were injured by a forklift driven by an employee of another subcontractor, you may be entitled to seek compensation from the driver’s employer.