Forklift Accident Lawyer in Massachusetts

Q: Can I sue the forklift manufacturer if the vehicle had a defect?

Yes. If a mechanical defect in the forklift — brake failure, stability system malfunction, mast collapse, or other engineering defect — contributed to the accident, the manufacturer, distributor, or dealer may be liable under product liability law. It is critical to preserve the forklift and prevent repair before it can be inspected by a mechanical engineering expert. Attorney Lavey arranges expert inspection promptly in every suspected forklift defect case.

Q: What if I was injured by a forklift while visiting a warehouse as a non-employee?

Non-employees — visitors, contractors, delivery drivers, and members of the public — who are injured by forklifts on a warehouse property can pursue full personal injury claims against the forklift operator, their employer, and in appropriate cases the property owner. Workers’ compensation’s exclusive remedy limitation applies only to the injured party’s own employer. Third parties are fully exposed to personal injury liability.

Forklift accidents cause some of the most severe workplace injuries. Attorney Jeffrey C. Lavey pursues workers' compensation and every available third-party claim for Massachusetts forklift accident victims. Free consultation. No fees unless we win.

Forklift Accidents: High-Risk Workplace Incidents

Forklifts are among the most dangerous pieces of industrial equipment in operation, causing thousands of serious injuries and fatalities each year. Their weight, typically several tons, their limited operator visibility, their tipping risk when carrying elevated loads, and their operation in close proximity to workers on foot creates a deadly combination of hazards. Attorney Jeffrey C. Lavey represents forklift accident victims throughout Massachusetts, pursuing workers’ compensation benefits and every available third-party claim.

Types of Forklift Accidents and Injuries

Pedestrian strikes by moving forklifts in warehouses and manufacturing facilities
Runover accidents at loading docks and in traffic lanes
Tip-over accidents when overloaded or improperly operated forklifts overturn
Falling load accidents when improperly secured cargo falls from elevated forks
Crush injuries when workers are trapped between the forklift and a fixed structure
Operator ejection injuries in tip-over accidents without proper restraints

Third-Party Liability in Forklift Accidents

Many forklift accidents create third-party liability claims in addition to workers’ compensation. If the forklift itself was defective, failed brakes, malfunctioning warning systems, inadequate stability, the manufacturer may be liable for product defect. If the accident was caused by a contractor’s employee rather than your own employer’s employee, that contractor is a liable third party. If the accident occurred in part because of a property condition controlled by the building owner rather than your employer, premises liability may apply. Attorney Lavey investigates all third-party claims in every forklift accident case.

OSHA Standards for Powered Industrial Trucks

OSHA regulation 29 CFR 1910.178 establishes comprehensive safety requirements for powered industrial trucks including forklifts. These requirements address operator training and certification, vehicle inspection before each shift, speed limits and traffic management in facilities, stability requirements including load limitations, and requirements for safe pedestrian separation. Violations of these standards that contribute to an accident are evidence of negligence supporting both workers’ compensation and third-party liability claims.

Compensation Available for Forklift Accident Victims

Forklift accidents cause some of the most catastrophic workplace injuries: crush injuries, traumatic amputations, traumatic brain injuries, and spinal cord injuries. The compensation available includes workers’ compensation medical benefits and wage replacement, third-party personal injury damages covering pain and suffering and full lost earning capacity, and in fatal cases, wrongful death damages for surviving family members. Attorney Lavey pursues the full compensation picture in every serious forklift accident case.

Frequently Asked Questions

Can I sue the forklift manufacturer if the vehicle had a defect?

Yes. If a mechanical defect in the forklift, brake failure, stability system malfunction, mast collapse, or other engineering defect, contributed to the accident, the manufacturer, distributor, or dealer may be liable under product liability law. It is critical to preserve the forklift and prevent repair before it can be inspected by a mechanical engineering expert. Attorney Lavey arranges expert inspection promptly in every suspected forklift defect case.

What if the forklift operator was from a staffing agency rather than my employer?

If the forklift operator was employed by a staffing agency rather than your direct employer, the staffing agency is a third-party defendant that can be sued for the operator’s negligence. This is a common scenario in warehouse operations, and it frequently creates a viable third-party claim that significantly increases the injured worker’s total recovery. Attorney Lavey analyzes the employment relationship of every forklift operator involved in accident cases.

What if I was injured by a forklift while visiting a warehouse as a non-employee?

Non-employees, visitors, contractors, delivery drivers, and members of the public, who are injured by forklifts on a warehouse property can pursue full personal injury claims against the forklift operator, their employer, and in appropriate cases the property owner. Workers’ compensation’s exclusive remedy limitation applies only to the injured party’s own employer. Third parties are fully exposed to personal injury liability.

How long does a forklift accident workers' compensation case take?

The timeline depends on the severity of injuries and whether the employer or insurer disputes any element of the claim. Massachusetts workers' compensation has specific procedural timelines for responding to claims and for DIA proceedings when disputes arise. Attorney Lavey advises every forklift accident client on the anticipated timeline for their specific circumstances and pursues claims aggressively throughout the process.

Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney

Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.

Book a Free Consultation Today

There Are No Fees Unless We Win.

1Complete our simple questionnaire
2Schedule a free consultation with Attorney Jeffrey C. Lavey