Every year, approximately 35,000 serious injuries and 62,000 non-serious injuries involving forklifts occur in the United States. If you've been hurt in a forklift accident, seek out an experienced forklift accident attorney to know your legal options and pursue compensation for your medical expenses.
Overturns (when a forklift tips over) are the most common forklift accidents, making up 25% of all cases. They are also the deadliest, leading to 42% of fatalities in forklift-related accidents.
Overloading, improper loading, sharp turns, and operating at speed or on an incline commonly cause forklift overturns. Other common forklift accidents include pedestrian collisions and falling load incidents.
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Top 5 Forklift Accidents
| Accident Type | Percentage of Total Incidents | Common Outcomes |
|---|---|---|
| Forklift Rollovers/Overturns | 22-25% | 42% of fatal accidents involve being crushed during tip-overs |
| Pedestrian Impacts | 20-36% | Workers struck by forklifts or crushed against objects |
| Worker Crushed by Forklift | 16% | Often occurs when pedestrian trapped between forklift and stationary object |
| Falling Loads | Common cause of injury | Loads striking workers from above or falling during transport |
| Falls from Forklift | 9% | Operator or passenger falls from elevated platform or during mounting/dismounting |
Forklift Rollovers
Forklift rollovers are the leading cause of fatalities in forklift-related incidents, accounting for 22-25% of all forklift-related fatalities. Approximately 42% of all fatal forklift accidents involve operators being crushed when the vehicle tips over. These accidents occur when a forklift tips to one side or backward, potentially crushing the operator or nearby workers.
Main Causes of Rollovers
- Operating on uneven surfaces or inclines
- Taking turns too quickly or sharply, especially with an elevated load
- Carrying loads that exceed the forklift's rated capacity
- Traveling with the load raised too high
- Improper weight distribution of the load
- Operating near dock edges or slopes
- Striking low-hanging obstacles or overhead structures
- Center of gravity shifting outside the stability triangle
If you've been injured in a tip-over, improper training or unsafe work conditions may be to blame. You have the right to a safe work environment and proper equipment operation training.
How to Prevent Rollovers
The forklift stability triangle is formed by the pivot point on the rear axle and the two front wheels joined by the front axle. Operators must keep the center of gravity within this stability triangle at all times. Keep loads 4-6 inches from the ground during transport and tilt the mast back to maintain stability. Position the heaviest part of the load as close to the carriage as possible, and avoid sharp turns or sudden deceleration, especially with raised loads.
Pedestrian Accidents
About 20% of forklift accidents involve pedestrians, but these incidents account for 36% of forklift-related deaths. Pedestrian-related cases happen when forklifts collide with workers on foot.
Main Causes of Pedestrian Impacts
- Inadequate separation between pedestrians and forklift traffic
- Blind spots in the operator's field of vision
- Poor visibility for operators due to large loads blocking sightlines
- Lack of proper warning systems such as horns, lights, or backup alarms
- Failure to establish designated pedestrian walkways
- Workers not wearing high-visibility clothing in warehouse environments
- Operator distraction or inattention
- Operators traveling forward with vision blocked
Everyone in a workplace with forklifts deserves protection from these dangerous collisions.
How to Prevent Pedestrian Impacts
Establish clearly marked pedestrian walkways separate from forklift traffic lanes. Install warning systems including horns, flashing lights, and backup alarms on all forklifts. Require pedestrians to wear high-visibility clothing in areas where forklifts operate. Operators should travel in reverse when loads obstruct forward vision and use spotters when necessary. Install mirrors at blind corners and implement speed limits in high-traffic areas.
Lack of Operator Training
OSHA estimates that approximately 70% of forklift accidents could be prevented with better training and adherence to safety standards. Inadequate operator training remains a leading contributing factor to forklift accidents.
Main Causes of Inadequate Operator Training
- Employers failing to provide required OSHA-compliant certification
- Operators not receiving hands-on practical training specific to their workplace
- Lack of refresher training after accidents or near-miss incidents
- Training not addressing specific workplace conditions and equipment types
- Operators not being evaluated on actual workplace performance
Your employer has a legal obligation to ensure all forklift operators are properly trained. Your employer should provide comprehensive initial training for all operators, conduct regular refresher courses, evaluate operator performance periodically, and only allow certified operators to use forklifts.
If you were injured due to an operator's mistake, your employer might be liable for insufficient training.
How to Prevent Inadequate Operator Training
OSHA regulation 29 CFR 1910.178(l) requires all forklift operators to complete three components: formal instruction, practical hands-on training, and workplace performance evaluation. Refresher training must occur at least every three years and whenever an operator is involved in an accident, operates unsafely, or receives a deficient evaluation. Training must cover the specific type of forklift being operated and the unique conditions of the workplace environment.
Falling Loads
When materials fall from a truck's forks, both operators and nearby workers are at risk. These accidents can result in serious crush injuries or fatalities.
Main Causes of Falling Loads
- Improperly secured or unbalanced loads
- Improper stacking or securing of materials
- Overloading the forklift beyond its rated capacity
- Exceeding the forklift's load capacity
- Damaged or worn forks unable to support loads properly
- Improper stacking or placement of materials on pallets
- Sudden stops or starts that cause load instability
- Traveling with loads raised too high
- Damaged or defective pallets
If falling materials have injured you, it may be due to negligent safety practices or inadequate equipment maintenance.
How to Prevent Falling Loads
Ensure loads are properly centered and secured on forks before lifting. Never exceed the forklift's rated load capacity as indicated on the data plate. Inspect forks daily for cracks, bends, or wear that could compromise load stability. Keep loads tilted back and as low as possible during transport, ideally 4-6 inches from the ground. Use load backrests when available and ensure pallets are in good condition without broken boards.
Download Our Free Daily Forklift Inspection Checklist
Daily pre-shift inspections are critical for preventing mechanical failures and load incidents. Before each shift, operators should inspect tires for deflation or damage, test seat belts and safety devices, check fluid levels, inspect forks and overhead guard, and verify all lights, horn, and backup alarm function properly. After turning on the forklift, test steering, brakes, accelerator, forward and reverse gears, and raise and lower forks to ensure proper operation.
Truck Falling Off a Dock or Trailer
Forklifts can fall off loading docks, ramps, or semi-trailers, leading to severe injuries for the operator and anyone nearby. Falls from docks or loading platforms represent a significant hazard, accounting for a portion of serious forklift accidents where the vehicle drives off an elevated surface.
Main Causes of Falls to Lower Levels
- Inadequate dock plates or dock levelers that shift or fail
- Lack of proper edge protection on loading docks
- Operating near unguarded dock edges without barriers
- Poor lighting conditions at loading dock areas
- Trailers not properly secured to dock with wheel chocks or restraints
- Slippery surfaces due to weather or spills
- Operators misjudging distances to dock edges
- Operator error in judging distances
- Malfunctioning brakes
- Absence of visual indicators marking safe operating zones
Your employer may be liable for inadequate safety measures or poor workplace maintenance if you've been injured in such an accident.
How to Prevent Falls to Lower Levels
Install dock locks and wheel chocks to secure trailers during loading and unloading operations. Use properly rated dock plates or levelers that are secured in place before forklift operation. Install guardrails or barriers at dock edges where forklifts do not need to pass. Ensure adequate lighting at all loading dock areas and paint high-visibility markings at dock edges. Establish procedures requiring visual confirmation that trailers are secure before operators approach.
Mechanical Failures
Mechanical failures can lead to loss of control, brake failure, steering malfunctions, or sudden equipment breakdown during operation, creating dangerous situations.
Causes of Mechanical Failures
- Inadequate or irregular preventive maintenance schedules
- Failure to address issues identified in daily pre-shift inspections
- Using forklifts beyond their service life without proper overhauls
- Operating equipment with known defects to meet production demands
- Lack of qualified maintenance technicians
- Using incorrect or contaminated fluids and lubricants
Your employer is responsible for keeping all forklifts in safe working condition. OSHA mandates daily inspections before forklifts are put into service. Your employer should implement a strict maintenance schedule, ensure thorough pre-shift inspections are conducted, immediately remove faulty equipment from service, and keep detailed maintenance records.
If your accident was caused by equipment failure, the manufacturer or third-parties could be held responsible for negligent maintenance and product defects.
How to Prevent Mechanical Failures
Implement comprehensive preventive maintenance following manufacturer specifications, including monthly checks of ignition timing, spark plugs, drive belts, and air filters. Quarterly maintenance should include inspecting lift chain tension, carriage rollers, replacing fuel filters, and cleaning radiators. Semi-annual inspections must test brake booster operation, check engine bolts, replace brake fluid, and apply wheel-bearing grease. Establish a fluid analysis program to monitor oil and hydraulic fluid condition, and maintain detailed records of all maintenance activities.
Falls from Forklifts
Despite being strictly against safety regulations, some workers ride on the forks or use the forklift as an improvised elevator, which often results in a fall.
Specific causes include:
- Using the forklift to lift personnel without proper safety equipment
- Standing on the forks or load while in motion
- Climbing on or off a moving forklift
- Lack of fall protection systems when working at heights
If you've been asked to perform such unsafe practices, you may have grounds for a lawsuit.
Crushing Accidents
In addition to tip-over incidents, you or a coworker might also be crushed between a forklift and a fixed object or between two forklifts.
Specific causes include:
- Operators driving too close to fixed structures or other vehicles
- Poor visibility in congested work areas
- Failure to use proper lockout/tagout procedures during maintenance
- Unexpected forklift movement due to mechanical failure
If you've suffered a crushing injury, you may be entitled to significant compensation for your pain, medical bills, and lost wages.
Common Causes and Employer Responsibility
Poor Equipment Maintenance
Your employer is responsible for keeping all forklifts in safe working condition. OSHA mandates daily inspections before forklifts are put into service. Your employer should:
- Implement a strict maintenance schedule
- Ensure thorough pre-shift inspections are conducted
- Immediately remove faulty equipment from service
- Keep detailed maintenance records
If your accident was caused by equipment failure, the manufacturer or third-parties could be held responsible for negligent maintenance and product defects.
Unsafe Work Environment
Employers have a legal duty to provide a safe workplace. This includes:
- Keeping aisles clear and uncluttered
- Providing adequate lighting in all work areas
- Maintaining even flooring and promptly repairing any damage
- Establishing and marking clear traffic lanes for forklifts and pedestrians
If hazardous conditions contributed to your accident, your employer may have violated OSHA standards, which may strengthen your case for compensation were you to pursue a claim against them.
Improper Load Handling Procedures
Your employer should have clear policies on load handling and ensure they're followed. This includes:
- Training operators on the specific load capacities of each forklift
- Providing proper tools and equipment for securing loads
- Enforcing rules against traveling with elevated loads
- Regularly assessing and updating load handling procedures
If you were injured in an overloading accident, check whether your employer had proper procedures in place and enforced them.
Lack of Safety Features
While manufacturers are responsible for designing safe forklifts, your employer must ensure all safety features are present and functioning. This includes:
- Regularly checking backup alarms and flashing lights
- Ensuring all forklifts have functional seatbelts
- Maintaining clear, legible load capacity indicators
- Promptly repairing or replacing any damaged safety features
If missing or non-functional safety features contributed to your accident, your employer or third-parties could be held liable for failing to maintain safe equipment.
Legal and Financial Implications of Forklift Accidents
Legal Claims and Compensation
In New York, workers injured in forklift accidents are generally covered by workers' compensation, which provides medical expenses, partial wage replacement, and disability benefits without needing to prove fault. However, construction workers have additional protections under New York Labor Law Sections 200, 240, and 241(6), which may allow third-party claims against property owners, general contractors, and other parties. Under Labor Law Section 240 (the Scaffold Law), owners and general contractors can be held 100% liable for accidents involving falling objects or falls from heights, regardless of the worker's actions.
Financial Costs
Forklift accidents result in substantial financial costs including direct medical expenses, workers' compensation insurance premiums, lost productivity, equipment damage, and potential OSHA citations and fines. The average forklift injury results in 16 days away from work, double the average of other workplace injuries. Companies face increased insurance premiums following accidents and may incur costs for temporary replacement workers and overtime for other employees covering absent workers' duties.
Emotional and Psychological Effects
Beyond physical injuries, forklift accidents cause significant emotional and psychological trauma for victims, including post-traumatic stress, anxiety about returning to work, and long-term disability adjustments. Survivors of serious accidents may experience depression, loss of earning capacity affecting family financial security, and reduced quality of life from permanent disabilities.
Reducing Risks and Costs
Implementing proactive forklift safety programs significantly lowers accident risks and associated costs. Companies that prioritize operator certification, routine maintenance, and adherence to OSHA standards see measurable reductions in accidents and claims. Establishing comprehensive training programs, maintaining detailed inspection records, and fostering a culture of safety awareness provides both legal protection and financial benefits through reduced injury rates.
Forklift Accident Statistics
How Many Forklift Accidents Happen Every Year?
Between 35,000 and 62,000 forklift-related injuries occur annually in the United States, according to OSHA's most recent estimates. Of these, approximately 34,900 result in serious injuries requiring time away from work. The CDC reports that forklift injuries result in an average of 16 days away from work, which is double the average for other workplace injuries.
How Many People Die in Forklift Accidents?
Forklift accidents cause between 75 and 100 worker deaths annually in the United States, with an average of 87 deaths per year. The National Safety Council reports 79 forklift-related work deaths occur annually. CDC/NIOSH data from 1980 to 1994 documented 1,021 forklift-related fatalities, resulting in 27,505 years of productive life lost.
What Percentage of Forklift Accidents Involve Pedestrians?
Pedestrians are involved in 36% of all forklift fatalities, according to OSHA data. The CDC's National Traumatic Occupational Fatalities Surveillance System found that 20% of forklift-related deaths involved workers on foot being struck by forklifts. Bureau of Labor Statistics data from 2017 shows pedestrians were involved in 20% of non-fatal accidents and 13% of fatal incidents.
What to Do After a Forklift Accident at Work
Immediately seek medical attention for all injuries, even if they appear minor, as some injuries may not manifest symptoms immediately.
Report the accident to your supervisor or site manager immediately and ensure an official incident report is filed.
Request a copy of the accident report for your records and document any apparent safety violations or equipment defects. In New York, workers must report injuries within 30 days of the accident to preserve their right to workers' compensation benefits. Employers are required to notify their workers' compensation insurer within 48 hours of becoming aware of a workplace injury.
Consider consulting with a personal injury attorney to understand all available legal options, including potential third-party claims beyond workers' compensation.
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Legal Options After a Forklift Injury in New York
While most workplace forklift injuries are covered under workers' compensation, which provides benefits regardless of fault, injured workers may have additional legal options. Workers' compensation typically covers medical expenses and partial wage replacement but does not provide compensation for pain and suffering. If a negligent third party caused the accident (such as a subcontractor, equipment manufacturer, or property owner), injured workers can file a third-party lawsuit to recover full lost wages, pain and suffering, and other damages not covered by workers' comp. In rare cases involving gross negligence by the employer, such as falsifying maintenance records or displaying blatant disregard for safety, workers may be able to sue their employer directly. New York's statute of limitations generally allows three years from the date of injury to file a personal injury lawsuit, though claims involving government entities may require filing a notice of claim within 90 days.
How an Expert Personal Injury Lawyer Can Help
If a forklift accident has injured you or a loved one, the Porter Law Group's skilled lawyers can help secure the compensation you deserve by:
Determining Liability: We'll investigate and identify all responsible parties, including employers, manufacturers, or contractors.
Building a Strong Case: We'll gather evidence, interview witnesses, and consult experts to support your claim.
Pursuing Maximum Compensation: We'll fight for full compensation, including:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Rehabilitation costs
Handling Legal Processes: We'll manage your workers' compensation claim, explore third-party lawsuits, negotiate with insurers, and represent you in court if needed.
FAQ
What Is the Most Common Forklift Accident?
Forklift rollovers and tip-overs are the most common type of fatal forklift accident, accounting for approximately 22-25% of all forklift-related fatalities. When considering all forklift incidents including non-fatal injuries, tip-overs account for approximately 24-25% of incidents. Approximately 42% of all fatal forklift accidents involve operators being crushed when the vehicle tips over.
What Are the Two Major Causes of Forklift Accidents?
The two major causes of forklift accidents are inadequate operator training and failure to follow safety protocols. OSHA estimates that approximately 70% of forklift accidents could be prevented with better training and adherence to safety standards. The second major cause is mechanical failures and improper equipment maintenance, which includes operating forklifts with known defects, failing to conduct daily pre-shift inspections, and not following preventive maintenance schedules.
What Is Rule 3 for Forklifts?
The three-point contact rule (also known as the forklift stability triangle rule) refers to two critical safety concepts. For operator mounting and dismounting, the three-point contact rule means maintaining three points of contact with the vehicle at all times (typically two hands and one foot, or two feet and one hand), creating a triangle of stability that distributes weight evenly and prevents falls. For forklift stability during operation, the stability triangle is an invisible triangle formed by the pivot point on the rear axle and the two front wheels, and operators must keep the forklift's center of gravity within this triangle to prevent tip-overs. The higher a load is raised, the closer the center of gravity comes to the edge of the stability triangle, increasing tip-over risk.
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Speak to a Forklift Accident Lawyer Today
Forklift accidents can have devastating consequences, but you don't have to face the aftermath alone. If you've been injured in a forklift accident, the Porter Law Group's experienced attorneys will give you the support you need.
We fight tirelessly to help ensure you receive the compensation you deserve. You don't pay unless we win your case. Contact our office today for a free, no-obligation consultation. Call us at our toll-free number 833-PORTER9 or reach out to us online.
You can also email us at info@porterlawteam.com to schedule your case review.
