Your employer has a duty of care to make sure that you come to no harm at work and is compelled by law both to carry out this duty and fulfil other obligatory health and safety duties contained in a raft of regulations brought into force over the last twenty years. These were passed into law to protect employees from injury by addressing risk in the workplace. The regulations concern managing health and safety at work, the provision and use of work equipment, lifting operations and lifting equipment and the safe design of the workplace. Health and Safety law in the UK is comprehensive and if followed by employers, will reduce the likelihood of accidents occurring to the very minimum.
Forklift Truck Accident Compensation – what you need to prove to win
With that knowledge as a background, three facts need to be established if you want to bring a claim for compensation against your employer after suffering a forklift truck accident. They are:
1) That the accident wasn’t your fault, e.g. that the door through which the forklift truck that ran you over came immediately before hitting you was a solid one and not the transparent flexible type recommended and thus, with no warning signs on the door you didn’t know to stand out of the way.
2) You, or the expert work injuries compensation claims solicitor you hire, are able to demonstrate that your employer had been negligent or careless in discharging their duty of care in failing to carry out any of their statutory health and safety duties, e.g. that they had neglected to assess the risk that a solid door and inadequate forklift truck operator training would have or had assessed the risk but taken no action to address it, i.e. fit the approved door and/or train the forklift operator to sound his horn or have a colleague hold the door open so that he/she could see what was on the other side or fit warning signs to the door warning employees to stand well clear.
3) That this failure on the part of your employer caused or contributed to your accident occurring, e.g. you being on the far side of a solid door with no warning signage which was about to be pushed open by a forklift truck whose operator gave no warning of their approach and had no idea that you were on the other side of the door.
If you can put a tick against each of the above there might be realistic chance of bringing your claim for compensation. Your solicitor will be able to advise you definitively.
For forklift truck accident compensation claims advice – contact us today
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