You’re driving along in your forklift truck as part of your working duties when suddenly something goes wrong. The vehicle could suddenly stop and lose power; a wheel could fall off; a pipe could burst and injure you; the list goes on. But rather than looking at all the eventualities of how a forklift truck could break and injure you, let’s look at whether you can claim for personal injury compensation if the forklift truck breaks and you are injured as a result.
The Law
A forklift truck would commonly fall within the category of work equipment. As such, it’s covered by The Provision and Use of Work Equipment Regulations 1998 – a very important piece of legislation. In fact, the reason it’s so important because it places a heavy burden on your employer when it comes to work equipment.
One significantly important part of it reads as follows:
5.(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
(2) Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
If you look at the wording, it states that every employer “shall ensure” which can impose a strict liability on your employer. What this means is that, if a piece of work equipment is defective and injures you, it doesn’t matter whether your employers regularly inspect it or maintain it to a good degree; if its defective and injures you, they are in breach of their duty!
Proving breach of duty is the primary ingredients to making a successful claim for personal injury compensation. So if you’re injured by a defective forklift truck, get in touch because we can definitely investigate this further for you!
Your Rights
Your employer has a duty to have insurance which covers you for the sole purposes of claiming from. So you’re covered. And the law protects you so you don’t need to worry about any adverse affect caused by making a claim. You’re protected.
100% Compensation
Even though the law changed and most other lawyers are taking up to 25% from your payout, we still offer a 100% compensation agreement. That means signing up with our unique services allows you to keep every penny of what is rightfully yours.
There are no catches or hidden fees in place of not taking a deduction. Simply put – we don’t want to charge you, and we don’t have to because we can afford to take the hit ourselves. We can afford to take the hit because we take on and win such a high volume of cases!
Call our free claims helpline on 08700 634 75 75 for advice today.
Legislation: www.legislation.gov.uk/uksi/1998/2306/made
