Forklift Accident Claims *
Forklift accidents * most commonly occur on building sites and in retail warehouses. The reason behind a lot of forklift accidents in the workplace is due to faulty equipment, improper training being provided by the employer or the operator of the forklift being negligent to the surrounding conditions.
The correct training permits must first be obtained before an employer can allow a worker to operate a forklift. Some accidents can not only injury the driver but also cause injury to any other workers in the same area at the time. In order to bring legal proceedings forward, the injury suffered has to be a result of the negligence of someone who had a duty of care towards you. For example, employers have a duty to provide safe working conditions and put in place various risk assessment tests prior to operating machinery. Some of the necessary safety regulations would include floor markings, warning signs and designated traffic routes for machinery with pedestrian walkways.
If you have suffered an injury due to a forklift accident * contact our personal injury solicitors * and tell us about your case.
The most common types of injuries seen as a result of accidents * include:
If you have suffered one of the injuries mentioned it is advisable to speak with a solicitor * as you may be eligible to qualify to seek a legal remedy for the error.
- Loads falling from a height
- Unsafe operating of this dangerous machine
- Colliding with other machinery
- Forklifts colliding with pedestrians
- Driving at an excessive speed
- Insufficient amount of warning signs and markings
- Operating a forklift with an elevated load
Making a Claim
1. Seek Medical Attention
The main priority is your own health and safety. Get treated by a medical practitioner as soon as possible. Even if you feel fine, minor injuries can develop into more serious conditions if not treated. It is better to be safe than sorry. Any contact information of the emergency services workers present at the scene should be obtained after the accident occurred.
2. Report the accident
All accidents in the workplace need to be reported, regardless of how small the scale or damage done. By law, accidents on a building site or construction zone are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form if the employer has one in place. This can be used in reference to any medical examination and will also prevent any similar accidents that could happen in the future.
3. Identify the witnesses
Contact information of anyone who was present at the time of the accident would is important. This information can be used to solidify and support a claim.
4. Document the incident
It is important that you have all information available to give to your solicitor when you start the claims process. Any information that you cannot get access to, your solicitor will be able to source it for you. The information you can record is details of the accident, photograph of the scene, photograph of your injuries, witness details, medical bills, transport to and from hospital/treatments, cctv footage where applicable and any other important information about the accident.
5. Speak with a solicitor
Having a solicitor involved early in the process can help to ensure that the claims process runs as smoothly as possible for you. Your solicitor will help you in gathering document, submitting your claim to the Injuries Board for assessment and work with you to bring your case to a close.
The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):
- Your solicitor will submit your claim to the Injuries Board for assessment
- The Injuries Board assess your case and revert with a suggested compensation amount
- You then decide whether to accept the amount suggested or to reject and move the next stage of the process
- If both parties accept the compensation suggest, then your case will be settled at this point.
- If one of both parties decline the suggested settlement amount then you move to the next stage of the settlement process
- In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued and your case moves forward to a court hearing.
- Before the court hearing, settlement talks do take place. In most cases, a case is resolved, settled and compensation agreed at the settlement talks before having to step foot into a courtroom.
- If your case is not settled at the settlement talks stage then your case moves to a court hearing where a Judge will make a decision on your case.
Settlement talks are a good opportunity for your legal team to talk to the other side’s legal team to settle any disagreements on what costs are to be awarded. Costs awarded usually consist of an amount for the injury itself and added expenses you may have incurred, these claims are called damages:
- General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following the incident and impact of the injury on your quality of life.
- Special Damages: Out of pocket expenses incurred as a result of the accident * for example, loss of earnings (if you were out of work), future loss of earnings for extended time out of work, medical bills, future medical bills, and any added travel costs as a result of the injury, for example, travel to and from the hospital.
Legal time limits
Dependant on the type of situation, the legal time limits to make a claim * can vary. For most cases, a person has two years from the date of the accident to make a forklift accident claim *. If the injured party does not have the capacity to make a claim there partner or family member then has the authority to file a claim on their behalf.
The Injuries Board
Building site accident * claims must be passed through the Injuries Board for assessment before proceeding to settlement or to court. For more information on the Injuries Board application and assessment process, feel free to contact our dedicated team of personal injury solicitors *.
Contact a building site accident injury solicitor *
If you have suffered from a forklift injury *, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email email@example.com and to tell him about your case. If you rather we call you please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.