Forklift Accident Lawsuit | 2025 Latest Updates

Forklift Accident Lawsuit Overview

Forklift accident lawsuits target employers, manufacturers, subcontractors, and third parties for negligence causing serious injuries or fatalities in workplaces such as warehouses, construction sites, and manufacturing facilities. Common allegations include inadequate operator training, failure to enforce OSHA safety regulations, poor equipment maintenance, and defective forklift design or components.

The Occupational Safety and Health Administration (OSHA) estimates 35,000 to 62,000 forklift-related injuries annually in the United States, with 75 to 100 deaths, making forklifts a significant workplace hazard. The Bureau of Labor Statistics (BLS) reported 73 fatalities and 24,960 nonfatal injuries (15,480 requiring days away from work) in 2022, with 42% of fatalities from tip-overs and 36% involving pedestrians.

Latest Forklift Accident Lawsuit Updates

September 29, 2024 – According to Greenberg & Ruby, forklift accident victims may be eligible for compensation beyond workers’ comp—especially if employer negligence or OSHA violations are involved [1].

OSHA Reports and Statistics

The Occupational Safety and Health Administration (OSHA) tracks forklift-related incidents under 29 CFR 1910.178, requiring employers to report fatalities and serious injuries. From 2011 to 2023, OSHA estimates 75 to 100 workers are killed annually in forklift accidents in the United States, with the Bureau of Labor Statistics (BLS) reporting 73 fatalities in 2022. OSHA data indicates 35,000 to 62,000 total injuries yearly, including 34,900 serious injuries, of which approximately 9,050 in 2021–2022 required days away from work (median 13 days), per BLS.

Emergency room visits are not explicitly quantified by OSHA, but serious injuries often require such treatment, with 24,960 nonfatal injuries reported by BLS for 2021–2022. Forklift rollovers account for 42% of fatalities, per OSHA, with 36% involving pedestrians and 16% from workers crushed by loads. In 2022–2023, OSHA recorded 205 forklift accidents, 128 fatal, often citing violations like inadequate training or failure to inspect equipment [2].

Forklift Accident Injuries & Side Effects

Forklift accidents can result in catastrophic injuries due to the vehicle’s weight, speed, and operating characteristics.

• Crushing injuries: Often fatal when operators or bystanders are pinned between the forklift and fixed objects
• Traumatic amputations: Resulting from limbs caught in moving parts or during tip-overs
• Spinal cord injuries: Common in rollover accidents when operators are ejected
• Traumatic brain injuries: From impacts or falling loads
• Fractures and orthopedic trauma: Especially to the lower extremities from impact or crushing

Do You Qualify for a Forklift Accident Lawsuit?

You may qualify for a forklift accident lawsuit if:

• You were injured in a forklift accident within the applicable statute of limitations
• You experienced serious injuries requiring medical treatment or hospitalization
• The accident occurred due to negligence, improper training, equipment malfunction, or safety violations
• You can provide medical documentation linking your injuries to the forklift accident

Evidence Required for a Forklift Accident Lawsuit

To build a strong case, you’ll need:

• Medical records documenting your injuries and treatment
• Accident reports filed with your employer
• OSHA investigation findings (if applicable)
• Witness statements from coworkers or bystanders
• Documentation of safety violations or equipment defects
• Employment and training records

Damages You Can Recover

A successful forklift accident lawsuit may provide compensation for:

• Medical expenses, including future care needs
• Lost wages and diminished earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Rehabilitation costs
• Punitive damages in cases of gross negligence

Why are Forklifts So Dangerous?

The following factors explain why forklifts are dangerous:

• Forklifts are heavy. Many weigh over 9,000 pounds or more, which is 3 times the weight of a passenger car.
• Forklifts are fast, with many operating at speeds of close to 20 miles per hour.
• Forklifts are hard to stop, as they only have one set of brakes, whereas passenger cars have front and rear brakes.
• The weight of a forklift is unevenly distributed, which makes it more difficult to operate and drive.
• The rear wheels of a forklift turn the vehicle, which increases its chances of tipping during tight turns.
• The load of a forklift is carried in the front of the vehicle, which blocks the operator’s sight.
• Forklifts are often used to lift heavy loads to high places. Mistakes made during lifting can lead to severe injury and even death from falling loads.

What are the Most Common Causes of Forklift Accidents?

• Lack of proper training and lack of forklift certification given by the company.
• Traveling at excessive speed. The Occupational Safety and Health Administration (OSHA) recommends 5 miles/hour as the maximum speed while driving a forklift.
• Driving with an elevated load. Forklift rules and regulations provided by OSHA recommend the forks will always be carried as low as possible, consistent with safe operations, usually 4 inches off the floor.
• A daily forklift inspection was not being performed.
• There was no audible or visual warning device on the forklift, or it was defective.
• The forklift’s horn was not used as required.
• The nameplate was not legible (or missing) on the forklift.

Statute of Limitations for Forklift Accident Lawsuits

Time limits for filing forklift accident lawsuits vary by state and the type of claim:

• Workers’ compensation claims typically must be filed within 30-90 days of the accident
• Personal injury lawsuits generally have a 1-3 year statute of limitations, depending on your state
• Wrongful death claims usually must be filed within 1-3 years of the date of death
• Product liability claims against manufacturers typically have a 2-4 year statute of limitations

Related Articles: 

• Fork Lift Injury Suit
• Main Causes of Forklift Accidents
• Bulldozer Injury Accident Case
• Trench Collapse Injury Accident Case

Check out the other injury accident cases which we’ve covered.

FAQs

1. How Often Do Forklift Accidents Result in Serious Injuries or Fatalities?

Forklift accidents result in serious injuries or fatalities more frequently than many other workplace incidents, with approximately 85 fatalities and 34,900 serious injuries occurring annually in the U.S.

2. What Industries Have the Highest Rates of Forklift-Related Accidents?

Industries with the highest forklift-related accident rates include manufacturing, warehousing, construction, and retail, where heavy equipment usage and fast-paced environments contribute to increased risk and accident frequency.

3. How Can Companies Improve Forklift Safety to Reduce the Number of Accidents?

Companies can improve forklift safety by providing comprehensive operator training, enforcing strict safety protocols, conducting regular equipment inspections, and fostering a culture of safety awareness among employees.

4. Who Can Be Held Liable in a Forklift Accident Case?

Potentially liable parties include employers for safety violations, manufacturers for equipment defects, property owners for unsafe conditions, and third-party contractors for negligence. Multiple parties may share liability depending on the circumstances.

5. What Types of Compensation Are Available for Forklift Accident Victims?

Victims may recover damages for medical expenses, lost wages, pain and suffering, permanent disability, and in some cases, punitive damages. The compensation amount depends on injury severity, long-term impact, and case-specific factors.

6. How Long Does a Typical Forklift Accident Lawsuit Take to Resolve?

Forklift accident lawsuits typically take 1-3 years to resolve, depending on case complexity, evidence availability, liability disputes, and whether the case settles or proceeds to trial.

7. Can I File a Lawsuit if I’m Already Receiving Workers’ Compensation?

Yes, you can pursue a third-party lawsuit against equipment manufacturers, maintenance companies, or other responsible parties while receiving workers’ compensation, but you cannot typically sue your employer directly.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for forklift accident injuries. In most states, you have only 1-3 years from the date of injury to file a claim, and workers’ compensation deadlines may be even shorter.

Our firm offers:

• Free, confidential case evaluations
• No upfront costs or legal fees
• Payment only if we win your case
• Nationwide representation for forklift accident victims

The Personal Injury & Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in forklift injury accident lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.

References:

[1] https://www.greenbergrubylaw.com/rights-after-forklift-accident 

[2] https://warehousewiz.com/blogs/news/osha-forklift-accident-statistics