Forklift accidents are not always caused by an employer or equipment operator. On many job sites, multiple contractors and subcontractors work alongside one another, increasing the risk of accidents. When a third-party contractor or subcontractor is responsible for creating unsafe conditions, failing to follow safety protocols, or improperly operating a forklift, they may be held liable for injuries or fatalities that occur. Identifying the responsible parties in these cases is essential for victims seeking compensation beyond workers’ compensation benefits.
How Contractors and Subcontractors Contribute to Forklift Accidents
Contractors and subcontractors often perform specialized work on construction sites, warehouses, ports, and distribution centers where forklifts are in operation. Their actions—or failures—can create hazardous conditions that increase the likelihood of accidents. Some of the most common ways third-party contractors contribute to forklift crashes include:
- Unsafe worksite conditions – Contractors may leave materials, debris, or equipment in forklift pathways, leading to collisions or forklift tip-over accidents. Poorly planned job sites with congested areas or narrow passageways can also increase accident risks.
- Failure to secure loads – Subcontractors involved in loading and unloading operations may fail to properly secure materials, leading to falling objects that injure forklift operators or nearby workers.
- Negligent forklift operation – Some contractors use their own workers to operate forklifts. If an improperly trained or reckless operator causes an accident, the company that employed them may be held liable.
- Lack of safety coordination – On multi-contractor job sites, there must be clear communication regarding forklift traffic, pedestrian walkways, and operational zones. If contractors fail to establish or enforce safety protocols, accidents are more likely to occur.
- Failure to inspect and maintain forklifts – If a contractor or subcontractor is responsible for maintaining forklifts but neglects inspections, fails to repair mechanical issues, or ignores manufacturer recommendations, they may be liable when a malfunction leads to an accident.
Legal Liability for Contractors and Subcontractors
In forklift accident cases involving contractors and subcontractors, liability typically falls under third-party negligence rather than workers’ compensation. Unlike direct employers, these third parties do not have automatic immunity from lawsuits. Victims injured due to contractor or subcontractor negligence may pursue claims for damages, including medical expenses, lost wages, pain and suffering, and long-term disability.
To establish liability, it must be shown that the contractor or subcontractor owed a duty of care, failed to uphold safety obligations, and that their negligence directly led to the accident. This often requires gathering evidence such as surveillance footage, witness statements, job site safety records, maintenance logs, and expert testimony to demonstrate fault.
Filing a Claim After a Forklift Accident Involving Contractors
If a contractor or subcontractor’s negligence led to a forklift accident, victims have the right to pursue legal action beyond workers’ compensation. Unlike workers’ compensation claims, which have limits on damages, third-party lawsuits allow injured individuals to seek full compensation for all losses, including pain and suffering.
These claims can be complex, as multiple parties may be involved in a job site accident. A thorough investigation is necessary to determine which contractor or subcontractor was responsible and whether additional third parties, such as equipment manufacturers or property owners, share liability.
Forklift accidents can result in severe and life-changing injuries. If you or a loved one has been hurt in an accident caused by a contractor or subcontractor, Spagnoletti Law Firm can help you explore your legal options and fight for the compensation you deserve. Contact us at 713-804-9306 for a free consultation.