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February 23rd, 2017

New Jersey Work Accident Lawsuit Involving a Forklift Injury at a Port Terminal – A Case Study

The entire Northeast region hosts multiple large ports and marine terminals. Some of the county’s largest ports are located in Pennsylvania, New Jersey and New York and include the following:

  • Port Newark–Elizabeth Marine Terminal,
  • Port of New York and New Jersey, and
  • Port of Philadelphia.

Because of the close proximity of these three large ports, the Northeast region accounts for a large number of work accidents each year. Ports and marine terminals are notorious for serious accidents, like forklift crush accidents.

Forklift and crane accidents are some of the most common types of accidents at ports and marine terminals. They also happen to result in some of the most serious injuries. In this article, we discuss a case study involving a port superintendent who was run over by a forklift at a port in New Jersey.

The injured worker was walking near a walkway designated for pedestrian traffic. As he was walking, he was struck from behind by a forklift operated by a shipping company in New York. He was caught underneath and dragged for roughly 20 feet. The forklift operator didn’t realize that he had struck a pedestrian. The operator’s view was obstructed by the load being carried on the forks of the forklift.

The worker sustained devastating injuries including major orthopedic injuries to the legs and pelvic area. He is lucky to have survived severing major arteries. He incurred thousands of dollars in medical bills and was unable to return to his job.

About this New Jersey Work Injury Lawsuit

After a thorough investigation, a work injury lawsuit was filed in New Jersey against the shipping company as well as the dock/terminal owner and other parties. The crux of the case was the claim that the shipping company failed to property train its forklift operators, in violation of OSHA regulations. The case ultimately settled in the worker’s favor. He received a multi-million dollar settlement, including a nearly $3 million settlement from the shipping company. The case was featured in the New Jersey Law Journal.

It’s important to note that the case was not filed against the port superintendent’s employer due to New Jersey law, which prevents injured workers from suing their employers for a work accident. Rather, the case was brought against other parties who were performing work at the port.

This case highlights the need for a thorough investigation to determine an injured worker’s full legal rights after a work accident. Doing so can ensure that the injured worker receives full compensation for a serious work injury.

More: Common Claims Made in Pennsylvania and New Jersey Longshore/Marine Terminal Accident Lawsuits

New Jersey Work Injury Law Firm – Offices in Atlantic City, Cherry Hill & Iselin

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