What are your rights for making a claim for personal injury compensation if you are hit by a forklift truck at work? Can you sue your employer even if it was caused by the negligence of a colleague?
Vicarious liability
When it comes workplace accidents, the term vicarious liability means, in essence, that your employer is liable if you are injured by a negligent colleague. Suing your workmate isn’t really feasible, as you probably don’t want to do it and they probably don’t have the money to settle a claim with legal fees for you.
That’s why the law says you can make the claim against your employers insurance if you are injured due to a colleague.
Making a claim
Making a claim is easy – you should be covered by your employers insurance so all we need to do is take the relevant information and get a claim submitted either to your employer or directly to their insurers if they are on our databases. For accidents that occurred on or after 31st July 2013, the other side only has 30 working days to investigate liability for your accident.
It’s quite a quick process.
As long as you didn’t break any procedures or do anything daft like jump out in front of the forklift and therefore caused the accident, the insurers should admit liability for the claim. We will send you to see a medical expert who will prove us with a report that we can use to value your work injury claim and assess what treatment we may need to organise for you.
What can you claim for?
You can claim compensation for the injuries caused any losses or expenses caused directly by the accident or injuries. Commonly lost earnings can be claimed back, as well as medical expenses or treatment fees.
100% compensation! For most work accidents we still offer a 100% compensation agreement – so call 0800 634 7575 for specialist advice today.
