Forklift trucks are common in many work places but, as with most machinery, they are dangerous when used incorrectly. In many areas where forklifts are used employees are also present, and this increases the risk of danger not only by collisions with the forklift, but also with what the forklift is lifting.
Outlined below will be what your employers are liable for if you have been hit by a falling load from a forklift.
Reducing the risk
Time should be taken to inspect what a forklift is lifting, if the weight is suitable, and that the size of the object can feasibly be carried by the truck without any danger. If a load is not properly secured or is too large or heavy and falls off, causing an injury, this could be seen as negligence.
Who is liable?
The person who your employer has chosen to drive the forklift is not who you will normally claim against; it is likely to be your employer we will claim from. This is because your employer is normally vicariously liable for the actions of their employees. Vicarious liability means that your employer (or more likely their insurer) pays for the negligent actions of their staff.
EXAMPLE:
You are working in a warehouse removing boxes of paper off the shelf to a small trolley. Another employee speeds up to you in a forklift and only sees you at the last second and has to do an emergency brake. This causes the load he was carrying to fall on you, causing injury. Although the employee was speeding, the employer can pay for their negligent actions.
Get help making a claim for compensation
If you have suffered a workplace injury through no fault of you own and are wondering if you have a claim to make then contact The Injury Lawyers by calling us free from a landline or mobile on 0800 634 7575 and speak with one of our expert claims team today.
