Here we discuss an accident that occurred in a warehouse due to the negligence of a forklift truck driver. The accident example is taken from a real case that we have recently dealt with. The details provided help to clarify what process is usually involved in making a claim for compensation following an accident at work.
The case illustrates what happened in one particular case and is discussed for guidance purposes only. Please seek legal advice on your own circumstances:
The claimant was a 50 year old warehouseman who was helping to move a forklift truck that had broken down in the warehouse loading bay. He was stood at the side of the vehicle with his hands on the steering wheel trying to manoeuvre the vehicle whilst another colleague behind began to shunt the vehicle forwards using a second forklift truck.
The claimant unfortunately managed to crush his leg between the broken down forklift and the warehouse wall. He suffered serious leg injuries.
He called The Claims Connection for advice. We confirmed that he had a genuine claim for damages and would be able to recover the following heads of claim: Pain & Suffering Loss of earnings (his employers paid him only SSP and refused to refund any more earnings) Treatment costs Care & services costs
There were a number of issues to discuss on liability because the case was complex with witnesses for and against the claimant: The claimant was negligence in part because he placed himself in a position of peril by offering to steer the vehicle. There were however inadequate safety measures in place and the employer ha no system for dealing with broken down vehicles.
Furthermore the warehouse supervisor witnessed the events and did nothing to prevent the incident occurring. The claimant recovered 90% of his damages from the employers insurers with 10% being accepted for his own contributory negligence.
He recovered £50,050 in compensation which included a sizeable award for loss of earnings. If you have been injured at work in a warehouse or in any other situation – you may be entitled to compensation. Find out now if you can claim.
Our team will respond to all written enquiries within one hour 8am-8pm. For immediate accident claim assistance please call HELPLINE TBA
Your rights to sick pay or SSP whilst absent following an injury. It is not uncommon for employers to refuse to fund sick pay even where the accident clearly occurred as a result of their negligence.
Reporting cases to The Health & safety executive.
The Claims Connection trip slip or fall claims section – UK tripping claim and personal injury compensation specialists.
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