Forklift Accident Lawyer

Forklift accidents cause serious injuries and fatalities in workplaces across New York City every year. These powerful industrial vehicles, essential for moving heavy materials in warehouses, construction sites, and manufacturing facilities, can become dangerous when operated improperly or when safety protocols fail. At Kelner & Kelner, our forklift accident lawyer team understands the devastating impact these incidents have on workers and their families.

When a forklift accident occurs, victims face mounting medical bills, lost wages, and uncertain futures. A forklift accident lawyer helps injured workers navigate complex legal processes while they focus on recovery. Whether you were struck by a forklift, injured while operating one, or hurt when materials fell from an elevated load, our firm provides comprehensive legal representation throughout New York City.

Can I Sue if I Was Injured in a Forklift Accident?

Yes, you may be able to sue after a forklift accident, but it depends on who caused your injuries. If you were injured by your employer's negligence, you typically cannot sue your employer directly due to New York's workers' compensation system, which provides benefits regardless of fault. However, you can file a workers' compensation claim for medical expenses and partial wage replacement.

You can file a personal injury lawsuit against third parties whose negligence contributed to your forklift accident. This includes equipment manufacturers who produced defective forklifts, maintenance companies that failed to properly service the equipment, property owners who created dangerous conditions, other contractors on multi-employer worksites, or forklift rental companies that provided unsafe machinery. These third-party lawsuits allow you to recover full damages including pain and suffering, lost wages, and future medical expenses—compensation that goes beyond workers' compensation benefits. At Kelner & Kelner, we investigate all potential sources of liability to maximize your recovery after a forklift accident.

Financial Compensation You Can Pursue in a Forklift Accident Case

When you suffer injuries in a forklift accident, understanding the full scope of available compensation is essential for protecting your financial future. At Kelner & Kelner, our forklift accident lawyer team fights to recover every dollar you deserve through workers' compensation benefits and third-party personal injury claims.

• Medical Expenses: You can recover costs for all accident-related medical treatment, including emergency care, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation services, and future medical procedures required due to your injuries.
• Lost Wages: Compensation for income you have already lost due to time away from work recovering from your forklift accident injuries, including sick days, vacation time used, and unpaid leave.
• Future Lost Earnings: Recovery for diminished earning capacity when your injuries prevent you from returning to your previous job or limit your ability to work in the future, calculated based on your age, occupation, and injury severity.
• Pain and Suffering: Money damages for the physical pain, emotional distress, anxiety, depression, and reduced quality of life you experience as a direct result of your forklift accident injuries.
• Disability Compensation: Additional financial recovery for permanent impairments, including partial or total disability benefits that reflect how your injuries impact your daily activities and ability to perform work-related tasks.
• Loss of Consortium: Compensation awarded to your spouse or family members when your forklift accident injuries negatively affect your marital relationship, family dynamics, and ability to provide companionship and support.
• Rehabilitation Costs: Coverage for vocational training, job retraining programs, and occupational therapy needed to help you transition to new employment when you cannot return to your previous position.
• Home and Vehicle Modifications: Reimbursement for necessary changes to your home or vehicle to accommodate permanent disabilities resulting from your forklift accident, including wheelchair ramps, modified bathrooms, and adaptive driving equipment.
• Assistive Devices: Payment for wheelchairs, prosthetics, braces, walkers, and other medical equipment required for mobility and daily functioning following your accident.
• Scarring and Disfigurement: Separate compensation for permanent scars, burns, or physical disfigurement that affects your appearance and causes emotional distress beyond standard pain and suffering damages.
• Punitive Damages: In cases involving gross negligence or willful misconduct by responsible parties, additional damages designed to punish wrongdoers and deter similar dangerous behavior in the future.

The total compensation available in your forklift accident case depends on multiple factors including injury severity, liability, and long-term impact on your life. A construction accident lawyer at Kelner & Kelner provides thorough case evaluations and pursues maximum recovery through all available legal channels. Our personal injury lawyer team handles negotiations with insurance companies and litigation against negligent parties to secure the financial compensation you need for full recovery. Contact us today for a free consultation to discuss the specific damages available in your forklift accident case.

How a Forklift Accident Lawyer Can Maximize Your Compensation

Navigating the legal complexities of a forklift accident case requires experienced legal representation to ensure you receive full compensation for your injuries. At Kelner & Kelner, our forklift accident lawyer team employs proven strategies to maximize recovery and protect your financial future.

• Conducting Thorough Investigations: We examine the accident scene, gather physical evidence, obtain surveillance footage, review safety records, and document all conditions that contributed to your forklift accident to build the strongest possible case.
• Identifying All Liable Parties: Our forklift accident lawyer team investigates every potential source of liability, including equipment manufacturers, maintenance contractors, property owners, and other third parties whose negligence contributed to your injuries.
• Calculating Complete Damages: We work with medical professionals, economists, and vocational rehabilitation specialists to determine the full value of your claim, including future medical needs, lost earning capacity, and long-term care requirements often overlooked by insurance companies.
• Gathering Strong Evidence: A construction accident lawyer at our firm collects witness statements, accident reports, OSHA violation records, maintenance logs, training documentation, and other critical evidence proving negligence and supporting your compensation demand.
• Obtaining Expert Testimony: We retain accident reconstruction specialists, safety engineers, medical experts, and industry professionals who provide authoritative testimony explaining how the accident occurred and the extent of your injuries.
• Documenting All Medical Treatment: Our team ensures complete documentation of your injuries, treatment, and prognosis by working directly with your healthcare providers to obtain comprehensive medical records that justify your compensation demand.
• Navigating Workers' Compensation Claims: We handle all workers' compensation paperwork, ensure timely filing, fight claim denials, and maximize your benefits while simultaneously pursuing third-party liability claims for full compensation.
• Negotiating with Insurance Companies: A personal injury lawyer at Kelner & Kelner counters lowball settlement offers, presents compelling evidence of damages, and negotiates aggressively to secure fair compensation without accepting inadequate settlements.
• Filing Timely Legal Claims: We ensure all claims and lawsuits are filed within New York's strict deadlines, protecting your right to compensation and preventing insurance companies from using procedural technicalities to deny your claim.
• Leveraging Multiple Compensation Sources: Our forklift accident lawyer team pursues recovery through workers' compensation, third-party lawsuits, product liability claims, and all available insurance policies to maximize your total compensation.
• Preparing for Trial: We build trial-ready cases demonstrating our willingness to take your claim before a jury, which often motivates insurance companies and defendants to offer substantially higher settlements.
• Protecting Your Settlement: We review all settlement agreements carefully, ensure liens are properly resolved, negotiate reduction of medical liens when possible, and structure settlements to maximize the money you ultimately receive.
• Handling All Legal Complexities: Our team manages every aspect of your case including paperwork, court filings, discovery responses, depositions, and legal procedures so you can focus entirely on medical recovery.
• Providing Accurate Case Valuations: A forklift accident lawyer at our firm draws on decades of experience handling similar cases to provide realistic assessments of your claim's value and set appropriate expectations for recovery.

Working with an experienced forklift accident lawyer significantly increases the compensation you receive compared to handling claims independently or accepting initial insurance offers. At Kelner & Kelner, we understand insurance company tactics, know how to prove liability, and fight relentlessly for maximum recovery in every case. Our construction accident lawyer team has recovered substantial compensation for injured New York workers, and we bring that same commitment to your forklift accident case.

Who May Be Liable for Your Forklift Accident Injuries

Determining liability in forklift accident cases requires identifying all parties whose negligence contributed to your injuries. A forklift accident lawyer at Kelner & Kelner investigates every potential source of compensation to maximize your recovery beyond workers' compensation benefits.

• Equipment Manufacturers: Companies that designed, manufactured, or assembled defective forklifts or components face product liability claims when mechanical failures, design flaws, or inadequate safety features cause accidents and injuries.
• Forklift Rental Companies: Businesses that lease or rent forklifts may be held liable if they provide defective equipment, fail to perform required safety inspections, or rent machinery with known dangerous conditions to worksites.
• Maintenance and Repair Contractors: Third-party companies responsible for servicing, maintaining, or repairing forklifts can be liable when their negligent work or failure to identify safety issues leads to accidents.
• Parts Manufacturers: Suppliers of forklift components, including brakes, hydraulic systems, tires, forks, and safety equipment, may face liability when defective parts malfunction and cause injuries.
• Property Owners: When your forklift accident occurs on premises not owned by your employer, the property owner may be liable for dangerous conditions, including inadequate lighting, uneven surfaces, or poorly designed traffic patterns.
• General Contractors: On construction sites and multi-employer worksites, general contractors responsible for overall safety coordination can be held liable when they fail to implement proper forklift safety protocols or create hazardous conditions.
• Subcontractors: Other companies working at the same location whose negligence interferes with safe forklift operation, creates obstacles, or fails to follow established safety procedures may share liability for your injuries.
• Loading Dock Operators: Third-party companies or contractors managing loading and unloading operations can be liable when improper loading procedures, unbalanced cargo, or inadequate supervision contribute to forklift accidents.
• Warehouse Owners: Facilities where forklifts operate may be liable for accidents caused by poorly maintained floors, inadequate aisle width, missing safety barriers, insufficient lighting, or other dangerous premises conditions.
• Training Companies: Third-party organizations contracted to provide forklift operator training and certification may face liability when inadequate instruction or failure to properly certify operators leads to preventable accidents.
• Equipment Distributors: Companies that distribute forklifts may be liable under product liability laws when they sell dangerous equipment or fail to warn users about known safety hazards.
• Modification Companies: Businesses that alter, retrofit, or customize forklifts can be held responsible when their modifications create unsafe conditions or interfere with factory safety features.
• Material Suppliers: Companies delivering materials to worksites may be liable when they create hazardous conditions, block forklift paths, or cause accidents through negligent delivery practices.
• Safety Consultants: Third-party safety professionals hired to assess workplace conditions and recommend improvements may face liability when their negligent advice or failure to identify hazards contributes to forklift accidents.

Identifying all liable parties is crucial because it opens multiple sources of compensation beyond workers' compensation benefits available from your employer. A construction accident lawyer at Kelner & Kelner conducts comprehensive investigations to uncover every responsible party and pursue maximum recovery through third-party personal injury claims.

Injuries Associated With Forklift Accidents

Forklift accidents cause devastating injuries due to the tremendous weight and power of these industrial vehicles. At Kelner & Kelner, our forklift accident lawyer team has represented victims suffering from a wide range of serious injuries requiring comprehensive medical treatment and substantial compensation.

• Traumatic Brain Injuries: Impacts to the head from collisions, falling objects, or ejection from forklifts can cause concussions, skull fractures, brain hemorrhaging, and permanent cognitive impairment affecting memory, concentration, and personality.
• Spinal Cord Injuries: Crushing forces, falls, or direct impacts during forklift accidents may damage the spinal cord, potentially causing partial or complete paralysis, loss of sensation, and permanent disability requiring lifetime care.
• Broken Bones and Fractures: The tremendous force involved in forklift collisions frequently causes multiple bone fractures including compound fractures, shattered bones, crushed extremities, and breaks requiring surgical repair with pins, plates, and extended rehabilitation.
• Crush Injuries: Workers pinned between forklifts and walls, other vehicles, or stationary objects suffer severe crushing damage to muscles, bones, organs, and blood vessels, often resulting in compartment syndrome and tissue death.
• Amputations: Traumatic severing of limbs, fingers, toes, hands, or feet can occur when workers become caught in forklift machinery or crushed between heavy equipment, requiring immediate surgical intervention and prosthetic devices.
• Internal Organ Damage: Blunt force trauma from forklift impacts can rupture the spleen, liver, kidneys, or intestines, cause internal bleeding, and create life-threatening medical emergencies requiring emergency surgery.
• Back and Neck Injuries: Herniated discs, compressed vertebrae, torn ligaments, muscle strains, and soft tissue damage commonly result from forklift accidents, causing chronic pain and limiting mobility for years.
• Chest and Rib Injuries: Direct impacts or crushing forces can fracture ribs, puncture lungs, damage the heart, and cause breathing difficulties requiring intensive medical treatment and monitoring.
• Facial Injuries: Collisions and falling objects can cause broken jaws, shattered cheekbones, dental damage, eye injuries, and severe facial lacerations requiring reconstructive surgery.
• Burn Injuries: Electrical accidents involving forklift batteries, fuel fires from propane or gasoline systems, and battery acid exposure can cause first, second, and third-degree burns requiring skin grafts and specialized treatment.
• Lacerations and Cuts: Sharp edges on damaged forklifts, shattered glass, torn metal, and contact with moving parts can cause deep cuts requiring stitches, leaving permanent scars and risking infection.
• Soft Tissue Injuries: Torn muscles, ruptured tendons, stretched ligaments, and damaged connective tissue result from sudden impacts, causing pain, swelling, limited range of motion, and difficulty performing work tasks.
• Nerve Damage: Compression, stretching, or severing of nerves during forklift accidents can cause permanent numbness, tingling, loss of sensation, chronic pain syndromes, and loss of motor function in affected areas.
• Shoulder and Joint Injuries: Rotator cuff tears, dislocated joints, torn cartilage, and damaged ligaments commonly occur when workers are struck by forklifts or attempt to brace themselves during collisions.
• Knee Injuries: Torn meniscus, ACL ruptures, patellar fractures, and ligament damage result from direct impacts or twisting forces during forklift accidents, often requiring surgical reconstruction.
• Hip and Pelvic Injuries: Severe impacts can fracture the pelvis, dislocate hips, and damage the acetabulum, causing long-term mobility problems and chronic pain that affects daily activities.
• Psychological Trauma: Post-traumatic stress disorder, anxiety, depression, and fear of returning to work commonly affect forklift accident victims, requiring mental health treatment and potentially limiting future employment options.

If you suffered any of these injuries in a forklift accident, seeking immediate medical attention and legal representation is essential. A construction accident lawyer at Kelner & Kelner understands that forklift accident injuries often have long-term consequences affecting your ability to work, enjoy life, and provide for your family. Our personal injury lawyer team fights to secure compensation covering all current and future medical expenses, lost wages, disability, pain and suffering, and other damages. We work with medical professionals to document the full extent of your injuries and demonstrate how they impact every aspect of your life.

New York Construction Accident Laws

New York provides some of the strongest legal protections for construction workers in the nation through specific Labor Law provisions that hold property owners and contractors strictly liable for certain workplace accidents. At Kelner & Kelner, our construction accident lawyer team uses these powerful laws to maximize compensation for injured workers, including those hurt in forklift accidents on construction sites.

• New York Labor Law Section 240(1): Known as the "Scaffold Law," this statute holds property owners and general contractors absolutely liable for gravity-related accidents involving falls from heights or falling objects, regardless of whether the worker was negligent, providing enhanced protection beyond standard personal injury claims.
• New York Labor Law Section 241(6): This law requires construction site owners and contractors to comply with specific safety regulations outlined in the New York Industrial Code, creating liability when violations of these detailed standards cause worker injuries including forklift accidents.
• New York Labor Law Section 200: This provision establishes common law negligence liability for property owners and general contractors who exercise supervision and control over construction work and fail to maintain safe working conditions on their sites.
• Absolute Liability Standard: Under Section 240(1), injured workers do not need to prove negligence—only that a violation of the statute caused their injuries, making these claims significantly stronger than typical negligence cases and resulting in higher settlement values.
• Non-Delegable Duty: Property owners and general contractors cannot delegate their safety responsibilities under Labor Law Sections 240(1) and 241(6) to subcontractors, meaning they remain liable even when they hire other companies to perform the dangerous work.
• Protection for All Construction Workers: New York Labor Law protections apply to all workers engaged in construction, renovation, repair, demolition, or similar activities, regardless of whether they work for the property owner, general contractor, or subcontractor.
• Strict Compliance Requirements: Labor Law Section 241(6) incorporates hundreds of specific Industrial Code regulations covering equipment safety, fall protection, scaffolding, excavation, material storage, and forklift operation that must be followed on all construction sites.
• Enhanced Damages Recovery: Construction workers injured on jobsites can pursue both workers' compensation benefits and Labor Law claims, allowing recovery of full damages including pain and suffering, complete wage loss, and future earning capacity that exceed workers' compensation limits.
• Prohibition Against Comparative Negligence: Under Labor Law Section 240(1), defendants cannot reduce a worker's compensation by claiming the injured worker was partially at fault for the accident, unlike standard personal injury cases where comparative fault reduces recovery.
• Coverage for Forklift Accidents: When forklift accidents occur during construction, renovation, or demolition work, injured workers may invoke Labor Law protections in addition to standard product liability and negligence claims against equipment manufacturers and other third parties.
• Property Owner Liability: Unlike workers' compensation laws that protect employers from lawsuits, New York Labor Law allows construction workers to sue property owners directly for workplace injuries, creating an additional source of compensation.
• General Contractor Responsibility: General contractors who control construction sites must ensure safe working conditions, proper equipment, adequate training, and compliance with all safety regulations, facing liability when their failures contribute to worker injuries.
• Time Limits for Labor Law Claims: Construction workers generally have three years from the accident date to file Labor Law claims against property owners and contractors, though workers' compensation claims have different and shorter reporting deadlines.
• Recurring Violations Doctrine: When unsafe conditions persist on construction sites, workers injured by these ongoing violations have strengthened claims as courts view repeated safety failures as evidence of gross negligence warranting enhanced compensation.
• OSHA Regulation Integration: New York courts often consider Occupational Safety and Health Administration violations as evidence supporting Labor Law claims, strengthening cases where federal and state safety standard violations contributed to construction accidents.
• Joint and Several Liability: When multiple defendants share responsibility for construction accidents under New York Labor Law, injured workers can recover their full damages from any single defendant, who must then seek contribution from other responsible parties.

What To Do If Injured in a New York City Forklift Accident

Taking the right steps immediately after a forklift accident protects your health, preserves evidence, and strengthens your legal claim. At Kelner & Kelner, our forklift accident lawyer team advises injured workers to follow these critical actions to maximize their chances of full recovery and fair compensation.

• Seek Immediate Medical Attention: Get emergency medical treatment right away, even if your injuries seem minor, as some serious conditions like internal bleeding or brain injuries may not show immediate symptoms but require prompt diagnosis and care.
• Report the Accident to Your Supervisor: Notify your employer about the forklift accident as soon as possible, preferably in writing, to comply with New York workers' compensation reporting requirements and create an official record of the incident.
• Document the Accident Scene: If you are physically able, take photographs or videos of the forklift, surrounding area, safety hazards, your injuries, and any damaged equipment before the scene is altered or cleaned.
• Identify and Collect Witness Information: Obtain names, phone numbers, and contact information from anyone who saw the forklift accident occur, as their statements may prove crucial in establishing liability and supporting your compensation claim.
• Preserve Physical Evidence: Keep any damaged clothing, personal protective equipment, or other items involved in the accident as they may serve as important evidence when a construction accident lawyer investigates your case.
• Request Copies of Incident Reports: Ask your employer for copies of all accident reports, safety inspection records, forklift maintenance logs, and any documentation created following the incident for your personal records.
• Follow All Medical Treatment Plans: Attend every scheduled medical appointment, follow your doctor's instructions precisely, complete prescribed physical therapy, and document all medical care to demonstrate the seriousness of your injuries.
• Keep Detailed Records: Maintain a file containing medical bills, prescription receipts, pay stubs showing lost wages, photographs of your injuries as they heal, and a journal documenting your pain levels and limitations.
• Avoid Giving Recorded Statements: Do not provide recorded statements to insurance adjusters or sign any documents without first consulting a forklift accident lawyer, as these statements may be used to minimize or deny your claim.
• Do Not Accept Quick Settlement Offers: Insurance companies often offer immediate low settlements before you understand the full extent of your injuries, hoping you will accept inadequate compensation that fails to cover long-term needs.
• Refrain from Social Media Posts: Avoid posting about your accident, injuries, or activities on Facebook, Instagram, Twitter, or other social media platforms, as insurance companies monitor these accounts and may use your posts against you.
• Contact a Forklift Accident Lawyer Promptly: Consult with an experienced personal injury lawyer as soon as possible after your accident to understand your legal rights, protect evidence, and ensure all claims are filed within required deadlines.
• File a Workers' Compensation Claim: Submit your workers' compensation claim within New York's required timeframes, typically within 30 days of the accident, to preserve your right to medical benefits and wage replacement.
• Notify All Relevant Parties: If third parties such as equipment manufacturers, maintenance contractors, or property owners may share liability, your attorney will send timely notice preserving your right to pursue additional compensation.
• Obtain Your Employment Records: Request copies of your personnel file, training records, safety certifications, and employment history, as these documents may be important for calculating lost wages and proving improper training.
• Track All Accident-Related Expenses: Keep receipts for transportation to medical appointments, prescription medications, medical equipment, home modifications, and any other costs resulting from your forklift accident injuries.

Taking these steps immediately after your forklift accident significantly strengthens your legal case and protects your right to full compensation. The decisions you make in the hours and days following your injury can dramatically impact the outcome of your claim. A construction accident lawyer at Kelner & Kelner guides you through each step of the process, handles all legal complexities, and fights to maximize your recovery while you focus on healing.

Forklift Accident Lawyer FAQs

How long do I have to file a forklift accident lawsuit in New York? New York law generally gives you three years from the date of your forklift accident to file a personal injury lawsuit against third parties, though certain circumstances may shorten this deadline. Workers' compensation claims have different timeframes, requiring you to report the accident to your employer within 30 days and file a formal claim within two years. A forklift accident lawyer at Kelner & Kelner ensures all claims are filed within applicable deadlines to protect your right to compensation.

What if I was partially at fault for my forklift accident? New York follows a pure comparative negligence rule, meaning you can still recover compensation even if you share some fault for the accident, though your recovery will be reduced by your percentage of responsibility. For example, if you are found 20% at fault for a forklift accident, you can still recover 80% of your total damages. Our construction accident lawyer team builds strong cases, minimizing any claims of comparative fault while maximizing your compensation.

Can my family members file a claim if I died in a forklift accident? Yes, if a forklift accident results in a worker's death, eligible family members can file a wrongful death lawsuit against third parties whose negligence caused the fatal accident. Additionally, workers' compensation provides death benefits to surviving spouses and dependents. A personal injury lawyer at our firm helps grieving families navigate both claims to secure all available compensation for funeral expenses, lost financial support, and loss of companionship.

How long does a forklift accident case typically take to resolve? The timeline for forklift accident cases varies significantly based on injury severity, liability disputes, and whether settlement negotiations succeed or litigation becomes necessary. Simple cases with clear liability may settle within several months, while complex cases involving multiple defendants, disputed fault, or catastrophic injuries requiring extensive medical treatment may take one to three years or longer to reach resolution through trial.

What if my employer retaliates against me for filing a claim? New York law prohibits employers from retaliating against workers who file workers' compensation claims or report workplace safety violations. If your employer fires you, demotes you, reduces your hours, or takes other adverse action because you filed a forklift accident claim, you may have additional legal claims for wrongful termination or retaliation. Our forklift accident lawyer team can help you pursue these claims alongside your injury compensation.

Do I need a lawyer if my forklift accident only caused minor injuries? Even seemingly minor forklift accidents can result in injuries with delayed symptoms or long-term complications that aren't immediately apparent. Consulting a forklift accident lawyer costs nothing, and we can evaluate whether your case warrants legal representation. Insurance companies often try to minimize payouts for "minor" injuries, so having legal guidance ensures you don't accept inadequate settlements before understanding the full extent of your damages.

What if multiple parties share responsibility for my forklift accident? When multiple parties contribute to your forklift accident through negligence, you can pursue compensation from all responsible parties, including equipment manufacturers, maintenance contractors, property owners, and other companies working at the site. A construction accident lawyer at Kelner & Kelner investigates thoroughly to identify every liable party and maximize your total recovery by pursuing claims against all defendants.

Will my immigration status affect my ability to file a forklift accident claim? No, your immigration status does not affect your right to file workers' compensation claims or personal injury lawsuits after a forklift accident in New York. All injured workers, regardless of immigration status, have legal rights to compensation for workplace injuries. Our firm handles these cases confidentially and protects your privacy while aggressively pursuing the compensation you deserve.

Can I be fired for hiring a forklift accident lawyer? No, New York law protects your right to legal representation, and employers cannot legally terminate you for hiring a personal injury lawyer after a workplace accident. If your employer threatens or actually fires you for seeking legal counsel, you may have additional claims for wrongful termination. We protect injured workers from employer retaliation while pursuing maximum compensation for their injuries.

What happens if I didn't report my forklift accident immediately? While New York requires accident reporting within 30 days for workers' compensation claims, delayed reporting doesn't automatically disqualify you from benefits if you have a valid reason for the delay. However, late reporting makes claims more difficult because evidence disappears and insurance companies question injury legitimacy. A forklift accident lawyer can help explain reporting delays and fight to preserve your rights despite late notification.

What is the difference between workers' compensation and a personal injury lawsuit? Workers' compensation provides limited benefits including medical expenses and partial wage replacement regardless of who caused your forklift accident, but doesn't include compensation for pain and suffering. Personal injury lawsuits against third parties who contributed to your accident allow you to recover full damages including pain and suffering, complete lost wages, and punitive damages. Our forklift accident lawyer team pursues both claims simultaneously to maximize your total compensation.

What if the forklift that injured me was defective? Defective forklifts create product liability claims against manufacturers, designers, and distributors of the dangerous equipment. These claims don't require proving negligence—only that the product was defectively designed, manufactured, or sold with inadequate warnings. A construction accident lawyer at Kelner & Kelner works with engineering experts to identify defects and hold manufacturers accountable through product liability lawsuits seeking substantial compensation.

How much does it cost to hire a forklift accident lawyer? Kelner & Kelner handles forklift accident cases on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless we recover compensation for you. Our fee is a percentage of your final settlement or verdict, so we only get paid when you do. This arrangement allows injured workers to access top-quality legal representation regardless of their financial situation.

What if the forklift accident happened at a construction site? Construction site forklift accidents often involve multiple liable parties including general contractors, subcontractors, property owners, and equipment companies. New York Labor Law provides additional protections for construction workers injured in workplace accidents, potentially allowing recovery even against parties who might otherwise avoid liability. Our personal injury lawyer team understands construction site injury laws and uses every available legal theory to maximize your compensation.

Can I still work while my forklift accident case is pending? Whether you can work depends on your injury severity and doctor's restrictions. If you can perform light-duty or modified work, doing so may be beneficial as it demonstrates your desire to work while documenting your limitations. However, never return to work without medical clearance, and inform your forklift accident lawyer about any employment changes as they affect your lost wage calculations and overall case strategy.