A tail lift on the back of a lorry or wagon at work can be classed as work equipment. As such its use and condition is governed by The Provision and Use of Work Equipment Regulations which place a number of duties on both employers and employees.
So if you are injured in an accident at work involving a tail lift, you may have a claim for a work injury compensation. Read on for further advice.
The Law
The legislation essentially puts a duty on employers to make sure that work equipment is suitable for use and ensure it is not defective. Where there are inherent dangers in using the equipment, training and supervision must be required.
So you may have a claim if you are injured in any of the following circumstances:
- The tail lift was broken and this caused the injury
- The tail lift was not suitable for the job which caused an injury
- You have not received adequate training in the use of the tail lift which has led to injury
If the above applies to you then you may have a strong case, so make sure to give us a call. Another common one can be injuries caused by a colleague – for example if a colleague operates a tail lift whilst you are using it because they failed to ensure it wasn’t in use. If this causes an accident then you can still make a claim for compensation. Your employer is vicariously liable for the negligent actions of colleagues, so training or other things aside, you can still claim.
How does a workplace compensation claim proceed?
In most cases the process is dead easy and its way simpler than most people think! We submit a Claim Notification Form either to your employer directly or to their insurers which we can normally do using an electronic portal system. The insurers only have 30 working days to respond so you should know quickly whether you have a potentially winning case or not.
If your employer accepts responsibility we can get you assessed by a medico-legal expert who will produce a report for us to value the claim. This vital piece of evidence is what we use to put a figure on the case together with any losses and expenses evidence as well; such as lost earnings or medical treatment expenses.
Is making a workplace claim safe?
You cannot legally be sacked or treated any differently on the basis that you are making a claim for compensation. Employers should have insurance to cover you, and all we are doing is claiming from the insurance that is there to cover you. Most employers have been sued loads of times and they will often encourage employees to make a claim where they have been genuinely injured through negligence.
Give us a call on 0800 634 7575 for help and advice today.
