FORKLIFT TRUCK ACCIDENTS - FORK LIFT CLAIMS
The Health and Safety Executive statistics indicate that the main causes of forklift truck accidents are pedestrians being struck by vehicles, having a load dropped or pushed onto another employee, driving off a loading bay, lateral tip-over as a result of cornering at excessive speed and drivers trapping limbs. Most of the errors made by fork lift drivers are as a result of inadequate training and supervision or unsuitable premises. Even if the injured person is the driver it may still be possible to claim compensation if the driver has had inadequate training. Employers should identify hazards, assess risks and implement controls to reduce risk and provide adequate safety training. Failure to do so may make them liable in negligence to compensate anyone who is injured as a result of a forklift truck accident.
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Health and Safety Executive
One percent of factory accidents involve fork lift trucks however these accidents are often very serious and produce ten percent of all physical injuries occurring in the workplace. Operators are required to attend and pass forklift truck safety training courses at least every three years, operate and maintain their vehicles in a safe manner according to their training and report all vehicle problems to their supervisor. The Health and Safety Executive publishes guidance on forklift truck accidents with the object of preventing deaths and injuries and sets out measures which should be taken to help prevent fork lift truck accidents which include:
- provision of adequate training for operators, supervisors and managers;
- using suitable equipment for the job to be done;
- laying out premises in such a way to ensure that lift trucks can move safely;
- ensuring that lift trucks and premises are maintained properly:
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Negligent Employer
If an employee is injured in a forklift truck accident an employer can be held liable to pay compensation if it can be proved that the employer was negligent or has breached a statutory duty which is a legal requirement imposed on employers by legislation, contained in an Act of Parliament which does not require proof of negligence in order to take legal action. In addition, by virtue of existing legislation, employers are required to provide safe equipment, machinery and plant and must take measures to ensure that workers are not exposed to any health risk or hazard which includes ensuring that co-workers are adequately trained in the use of machinery or plant including lift trucks.
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Compensation Awards
Compensation that can be claimed in a forklift truck accident includes "pain and suffering" for both the initial injury and for ongoing disability, together with compensation for any disadvantage on the labour market caused by permanent injury. In addition actual financial losses can also be claimed including :-
- loss of earnings
- special care aids and equipment
- adapted transport
- prescription charges and medical fees
- travelling expenses
- cost of care and assistance
- adapted accommodation
- costs of assistance for household chores
- other losses
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No Win No Fee
Our specialist solicitors offer free advice on compensation claims as a result of forklift truck accidents. If you have been injured within the last three years you should be able to recover compensation using our risk free no win no fee scheme. You will not have to fund or finance your fork lift claim in any respect. Win or lose you don't pay a penny and your compensation is paid in full. If you would like advice from accredited experts just complete the contact form and a member of The Law Society panel of personal injury experts will speak to you on the telephone with no further obligation.
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.