A forklift operator was killed on the job September 2012 in Rockaway, N.J., when the machine fell on top of him, according to the Associated Press. The 52-year-old Egg Harbor Township man was employed by a painting contractor and was working on renovations behind a department store at the time.

Investigators say that the forks were raised on the machine at the time of the accident, which made it top-heavy. They believe that the forks being raised, the angle of the turn and the speed at which the forklift was being operated may have contributed to the accident. Investigators from the Occupational Safety and Health Administration, or OSHA, were investigating the accident.

New Jersey/New York Forklift Accidents

Forklift accidents are among the most common accidents in the construction industry. According to OSHA, approximately 85 fatalities are attributed to forklift accidents each year. In addition, 35,000 serious injuries and 61,000 non-serious injuries result from forklift accidents each year. Manufacturing operations account for most forklift injuries followed closely by the construction industry. Forklift accidents can be caused by a number of factors including:

• Tipping over
• Being crushed between the vehicle and a surface
• Being crushed between two vehicles
• Struck or run over by a forklift
• Hit by falling objects from a forklift
• Falling from a platform on the forklift

Who Is Liable in a Forklift Accident?

Many forklift accidents are the result of someone’s negligence. Thousands of preventable injuries, including those from forklift accidents, happen every year in the construction industry. Although workplace injuries are often compensable under the appropriate workers’ compensation system, a third party may also be liable for injuries caused in a construction accident.

Because of the complexity of many construction projects, there are often numerous people giving orders and supervising employees working at the same site. Sometimes, a worker’s injuries are due to the negligence of another party involved in the construction site. Third parties that could be liable include the following:

• Manufacturer of the forklift
• Third-party maintenance contractor
• Rental or lease company
• General contractor
• Subcontractor
• Property owner

If you have been injured in a New Jersey or New York forklift accident, or any other type of construction accident, you could be entitled to compensation. Along with compensation for the wages you lost, you could be entitled to compensation for your physical and emotional injuries. The only way to know what your options are when you are injured in a construction-related accident is to consult an experienced construction accident attorney.

Although you may ultimately decide that the workers’ compensation system is your only, or your best, option, you owe it to yourself and your family to pursue other possible avenues of compensation before making that decision. Contact the New York/New Jersey construction accident attorneys at Ginarte Gonzalez Winograd L.L.P., to find out what legal options you may have. With seven offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. For your free consultation, contact the firm today by calling 888-446-2783 or fill out our online contact form.