Forklifts are used to perform key functions on construction sites, in factories and warehouses, and even in big-box stores where heavy objects must be moved around.  While they perform an important function, forklifts must be properly operated and maintained to ensure the safety of everyone involved. Forklift accidents can cause serious injury and even death because of the weight and nature of the forklift itself. At The Epstein Law Firm, P.A., our skilled New Jersey forklift accident lawyers are dedicated to forming creative and tested solutions to help clients get the fair compensation they deserve. Whether you need help filing a workers’ compensation claim, appealing denied benefits, or pursuing additional compensation through the third-party claims process, we are here to put our 120 years of combined experience to work for you.

After an injury, the bills can start piling up quickly.  Taking legal action may be the only way to get the financial help you need.  Our injury lawyers are known for going the extra mile to get the money you need to move forward.

To schedule a free case review with our experienced forklift accident lawyers, call our office or contact us today.  We represent clients in Bergen County and elsewhere in New Jersey.

Common Causes of Forklift Accidents

Forklifts are involved in thousands of accidents that cause serious injury or death every year.  OSHA and New Jersey state rules provide safety guidelines for the use of forklifts, but these guidelines are often ignored or not understood.  The bottom line: many forklift accidents and injuries are entirely preventable.

Some of the most common causes of forklift accidents include:

  • Forklift operation at an unsafe high speed
  • Forklift malfunctions, such as problems with the brakes
  • Failure to watch the forklift’s blind spots
  • Backing over someone standing behind the forklift
  • Failure to properly maintain the forklift
  • Failure to provide warning that the forklift is being operated in the area
  • Operator errors, such as giving another person a ride on the forklift
  • Improper training provided to the forklift operator
  • Failure to inspect and maintain the forklift regularly

Employers are responsible for providing training, evaluation, and certification for forklift operators.  Failure to do so can result in both OSHA fines and financial liability when others are hurt in a forklift accident.

At The Epstein Law Firm, P.A., our forklift injury attorneys in Rochelle Park, NJ go to work immediately to determine who or what caused your accident. Our experienced lawyers know what to expect from the workers’ compensation process and how to hold the responsible party financially accountable for your injuries. Call us today to discuss options in your case.

Winning Compensation in a Personal Injury Lawsuit After Your Forklift Accident

Whether you are entitled to pursue compensation via a personal injury lawsuit depends upon:

  • Whether you were an employee or independent contractor of the company operating the forklift (or whether you were even a bystander who was not working at the time)
  • Who or what caused your forklift accident

Employees who are injured in forklift accidents caused by the employee, employer or co-workers are generally restricted to recovering compensation from workers’ compensation in New Jersey.  Examples of scenarios where you might be able to file a lawsuit for additional compensation include:

  • You were working in a store or factory and it was a supplier or distributor who was responsible for the forklift
  • You were injured as a bystander in a store
  • You were injured in a forklift accident on a construction site where multiple contractors were simultaneously working, and someone other than the employer was responsible for the forklift accident
  • You were injured in a forklift accident at work, but your employer had hired a forklift operating company to work alongside you on the site
  • A dangerous defect in the forklift itself caused the accident (so the manufacturer or designer was responsible)

Establishing causation in forklift accident cases is one of the most important aspects of a valid claim.  It is also one of the more difficult elements to prove without experience. At The Epstein Law Firm, P.A., our lawyers have been helping injured workers pursue fair compensation in complex accident cases for decades.  We know the right questions to ask and how to form a winning case. 

Contact Our New Jersey Forklift Accident Lawyers for a Free Case Review Today

Recovering from a serious forklift accident injury is likely to be overwhelming, and you may be facing a difficult road ahead.  At The Epstein Law Firm, P.A., our forklift injury attorneys in Rochelle Park, NJ are here to break down your options and help you understand what to expect. 

We have already secured millions in successful settlements and verdicts for our clients.  Call or contact us online today to learn how an experienced forklift accident lawyer can help in your case.

Our New Jersey Forklift Accident Lawyers Answer Frequently Asked Questions About Forklift Accident Claims

Who is responsible for a construction accident?

Do I have a workplace injury claim if I’m an independent contractor?

Why might I want to file a personal injury lawsuit if I was injured in a forklift accident at work and am getting workers’ compensation?

Workers’ compensation is valuable.  In some cases, however, it does not cover the true cost of your injuries.  Forklift accident injuries are often serious and can require extensive and painful treatment.  Workers’ compensation covers your medical expenses and a part of your lost wages. You may even qualify for occupational therapy to help you get back to work.  In a personal injury lawsuit, you can also recover:

– Your full lost wages
– Compensation for pain and suffering
– Emotional distress
– Loss of your loved one’s company
– Loss of your ability to do the things you loved before the accident

How do I know if I qualify for workers’ compensation if I was injured in a forklift accident?

You qualify for workers’ compensation if you were injured in any accident at work.  It does not matter who caused the forklift accident—as long as you were an employee and the accident was work-related, New Jersey law gives you the right to workers’ compensation.

If I can file a third-party personal injury lawsuit against someone who caused my forklift accident, what do I have to prove?

Most forklift accident claims are based on negligence.  Our lawyers will work to prove the following basic elements of a negligence claim:

– The forklift accident happened because someone else was careless or reckless (in other words, a person who owed a duty to keep others safe breached that duty by acting carelessly)
– The forklift accident actually caused your injuries
You suffered damages as a result

– To prove these elements, we conduct an investigation into what happened in your case.  Evidence such as forklift maintenance records, eyewitness testimony, the forklift’s condition and more can be used to support your claim.