A construction accident in Queens has killed a worker and father of two. Wilson Patricio Lopez Flores was operating a forklift outside a mosque in Queens when the forklift lurched to the side and threw him from its cabin. The forklift then fell onto Flores and crushed him.
Forklift accidents are relatively common in the construction industry. From 2011 to 2017, there were more than 60,000 forklift-related injuries and 614 forklift-related fatalities in the United States, which can be distributed as 8,500 injuries per year. However, just because these accidents are common doesn’t mean workers have to pay the price, especially if they’re caused by negligence on the part of employers, site owners, and manufacturers.
Forklifts are dangerous to use and work around because of their massive size and weight. Additionally, individuals can be injured and killed by falling from forklifts.
Common causes of forklift accidents include:
- Improper turns
- Excessive speed
- Operator inattention or inexperience
- Unstable load
- Lack of operator training
- Faulty or poorly maintained machinery
Forklift injuries typically put victims out of work for two to four weeks, or more, and are often serious. Common injuries include broken bones, internal bleeding, ligament damage, spinal cord and neck injuries, head and brain injuries, and death.
How Do You Prove Negligence After an Accident?
After a construction accident, if you suspect a negligent party to have contributed to your injuries, you have to prove negligence in order to recover damages. This is why it’s crucial to hire a personal injury attorney with demonstrated success in handling construction accident cases. “Negligence” is a term used to refer to liability or responsibility in an accident.
To prove liability, you must be able to prove the following elements:
- The party owed you a duty of care: This can mean proving that a forklift manufacturer, for example, is responsible for ensuring the forklift is safe to use
- The party breached their duty: This means the other party failed in their legal obligation to protect you from injuries
- The party’s breach of duty caused your accident: You must prove that the other party’s actions were specifically what caused the accident
- There were direct losses as a result of the accident: This is where you prove that the other party’s actions caused you injuries, including physical and emotional, and/or property damage
Protecting Your Worker Rights
At Belushin Law Firm, P.C., our legal team actively fights for justice for those who have been injured while working, including those working in construction. Your employers are obligated to protect your health and safety while you’re on the job, and when they violate this obligation, they must be responsible for helping you recover. Understanding that your finances may be strained after having to treat your injuries, our law firm handles cases on a contingency fee basis, meaning you don’t have to pay legal fees until we win your case. We can take legal action on your behalf so you’re able to pay for medical care, wage loss, physical therapy, and more without worrying about going into debt.
Call our construction accident attorneys at (888) 918-9890, or contact us online if you have been injured while at work. Our team at Belushin Law Firm, P.C. has recovered millions for injured clients, including a $3 million workers’ comp settlement.