Forklift Accidents When Clients Can't Afford To Lose, Choose Sultzer & Lipari

Forklift Accident Lawyer in New York

Over $1 Billion Recovered. Trial-Ready Attorneys Serving New York.

Forklifts, also called powered industrial trucks, are among the most hazardous equipment on construction sites and in warehouses. When something goes wrong, the injuries are rarely minor. At Sultzer & Lipari, we represent forklift accident victims throughout New York, bringing more than 100 years of combined trial experience and over $1 billion in recoveries to every case we take on. Our Poughkeepsie office serves injured workers and their families across the state.

Forklift claims are layered: a workers’ compensation claim is often just the starting point. Third-party liability under New York Labor Law, product liability claims against equipment manufacturers, and wrongful death claims may all apply depending on how the accident occurred. We know how to identify every avenue of recovery because we’ve litigated from both sides of the table.

If you or someone in your family was hurt in a forklift accident, don’t accept the first offer without understanding what your claim may be worth. Call Sultzer & Lipari at (800) 552-0265 to schedule a free, private consultation.

Why Our Dual-Perspective Litigation Approach Matters for Your Case

Sultzer & Lipari represents both plaintiffs and defendants in complex civil litigation. That means our attorneys know how insurers and defense counsel evaluate injury claims, where they look for weaknesses, and how they calculate settlement offers. We apply that knowledge when building your case, preparing it for trial from day one so defendants understand that a lowball offer won’t end the matter.

That preparation is what supports results. The firm is named among America’s Top 100 Bet-the-Company Litigators (2019), and our record in product liability, class actions, and high-stakes commercial disputes reflects a consistent willingness to litigate when the other side won’t offer fair compensation.

New York Labor Law & Forklift Accidents

Three sections of New York Labor Law create the primary framework for construction and workplace injury claims, and each can apply to forklift accidents in a different way.

Labor Law 240(1), the Scaffold Law
This provision imposes strict liability on property owners and general contractors for gravity-related injuries on construction sites, including falls from heights and injuries caused by falling objects. If a forklift tips, a load drops, or a worker falls from an elevated platform while operating or working near a forklift, Section 240(1) may apply regardless of whether the owner or contractor was on site.

Labor Law 241(6)
Section 241(6) creates liability when a specific New York Industrial Code violation contributes to an accident. Owners and general contractors can be held responsible even without direct supervision of the work that caused the injury.

Labor Law 200
This section establishes a general duty to maintain safe work conditions. It applies to employers, contractors, and property owners and supports claims grounded in inadequate safety measures or defective equipment.

Under New York law, a workers’ compensation claim and a third-party personal injury lawsuit can run simultaneously. Workers’ compensation covers medical benefits and partial wage replacement. A civil lawsuit against a third party, such as a property owner, general contractor, or equipment manufacturer, can recover damages that workers’ compensation doesn’t cover, including pain and suffering, full lost wages, and compensation for permanent disability.

Start with a Free Consultation

Filing deadlines in New York are strict, and some begin counting down from the day of the accident. The sooner we review your case, the more options may remain open. Sultzer & Lipari offers a free, private consultation for forklift accident victims and their families throughout New York. Call us at (800) 552-0265 to speak with a member of our legal team.

Common Causes of Forklift Accidents in New York Workplaces

Bureau of Labor Statistics data on fatal forklift-related injuries consistently identifies a recurring set of incident types: nonroadway collisions, workers struck by a moving powered vehicle, falling object strikes, falls to a lower level, and pedestrian-vehicle accidents. Most of these incidents trace back to controllable factors.

Operator Training Failures
OSHA requires forklift operators to be trained, evaluated, and certified for the specific type of truck they operate. Under 29 CFR 1926.602(d) for construction sites and 29 CFR 1910.178(l) for general industry, certification isn’t optional. When an employer skips or shortcuts that requirement, the consequences can be fatal.

Equipment Maintenance & Load Limits
Inadequate maintenance and operating above a forklift’s rated load capacity are well-documented causes of tip-overs and mechanical failures. Both can reflect employer decisions, not freak accidents.

Injuries Forklift Accidents Cause

The severity of forklift injuries reflects the weight and force involved. Crush injuries, traumatic brain injuries, spinal cord damage, complex fractures, and amputations are all documented outcomes. In 2024 alone, 84 workers died in incidents involving forklifts, order pickers, or platform trucks, according to National Safety Council data. Survivors frequently face months or years of medical treatment, lost income, and lasting physical limitations.

Who Can Be Held Liable Beyond Your Employer

Workers’ compensation only reaches your direct employer. But forklift accidents on construction sites and in shared workplaces often involve other parties whose decisions contributed to the injury.

Property owners and general contractors can be held liable under New York Labor Law even without direct involvement in the specific task that led to the accident.
Subcontractors who created the hazardous condition or failed to follow safety protocols may share responsibility.
Equipment manufacturers may face product liability claims when a design defect, manufacturing defect, or inadequate warning contributed to the malfunction.

New York’s comparative negligence framework allows multiple parties to share liability. Each party’s proportion of fault determines its share of the total damages award, which means identifying every responsible party matters.

Damages a Forklift Injury Lawsuit Can Recover

Workers’ compensation covers medical bills and a portion of lost wages but doesn’t compensate for pain and suffering, emotional distress, or the full value of long-term earning capacity losses. Early settlement offers from insurers may not account for those gaps.

A third-party personal injury lawsuit can pursue:

Medical expenses, including future treatment costs
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement

When a forklift accident results in death, surviving family members may pursue a wrongful death claim for economic losses and additional damages under New York law.

Filing Deadlines for New York Forklift Accident Claims

New York imposes firm deadlines, and missing them can permanently bar a claim. Here are the key windows:

Personal injury lawsuit: Three years from the date of the accident under New York CPLR Section 214
Wrongful death claim: Two years from the date of death under New York Estates, Powers and Trusts Law Section 5-4.1
Claims against a government entity: A notice of claim must be filed within 90 days of the accident, and the lawsuit must begin within one year and 90 days
Workers’ compensation: Report the injury to your employer within 30 days to preserve benefit eligibility

The government-entity deadline is one that can be missed. If a public agency owned or controlled the site where the accident occurred, the 90-day notice window begins the day of the injury.

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At Sultzer & Lipari, we place our clients at the heart of everything we do. Our dedicated team ensures personalized attention and tailored legal strategies to meet each client's unique needs, ensuring the best possible outcomes in every case.
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Sultzer & Lipari is one of the most sophisticated and successful class action firms in the country, recovering hundreds of millions of dollars for aggrieved consumers, employees, investors and small businesses nationwide.
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The seasoned trial attorneys at Sultzer & Lipari possess over 100 years of collective experience in complex civil disputes.
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We have recovered over $1 billion for injured or defrauded clients, winning virtually every case we've tried or obtaining a superb settlement along the way.