Forklift tip-overs. Forks striking workers. Pallets dropping from forks. Caught-between forklift and wall. Untrained operators (OSHA requires certification). Defective forklifts with brake or hydraulic failures. Many forklift cases involve (6) Industrial Code violations and product-liability claims against equipment manufacturers like Hyster, Toyota, Crown, and Yale.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Site safety logs, OSHA accident reports, GC and sub-contract chain, fall-protection equipment (preserved), and witness statements from co-workers. Immigration status is NEVER discoverable.
Owner/GC carriers know is strict. We document the gravity-related elevation differential and the inadequate-or-missing safety device — and negotiate against $5M+ wrap-up policies.
construction-injury claims often go to summary judgment on liability. Then we try damages only. Powerful procedure when it applies.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
29 CFR 1910.178 requires every forklift operator to be trained and certified — with refresher training every three years and after any accident. If the operator wasn't certified, that's a per se violation that supports both /241 and direct negligence-against-employer claims. We pull the certification records on day one.
You can collect Workers' Comp from your employer AND sue the property owner and general contractor under NY's scaffold law. Two recoveries from two different defendants. We handle both.
NY courts have ruled (Balbuena v. IDR Realty) that immigration status does not bar a construction-injury claim and is generally NOT discoverable. We protect that from day one.
We answer 24/7. Free consultation. No fee unless we win.