Forklift accidents account for the largest proportion of accidents in the workplace and if any resultant injury is the fault of another party (e.g your employer), you may be entitled to compensation.
Such accidents frequently result in very serious injuries such as crushed limbs, broken bones, spinal injuries and unfortunately in some cases fatalities. Owing to the use and function of the forklift, the injuries tend to be quite significant and often result in permanent disability. In a recent survey the average payout for an accident involving a forklift is €33,000.
Forklift accidents are frequently caused by poor or inadequate training on the part of the driver of the forklift, failure to maintain in a proper and safe manner the mechanics of the forklift such as brakes, lights etc.
In addition to these causes, a poor layout in the factory or work place is also a common cause with the driver frequently incurring difficulties in turning space etc.
Employers’ Duty of Care
An employer owes a duty of care to his employees and this duty extends to proper training for all forklift drivers.
Employers are also required to maintain the forklift mechanics in a good safe and workmanlike order at all times in order to prevent accidents occurring. Where they fail to do so an employee or any other person (such as a visitor to the premises) is injured then that employee is entitled to seek compensation for their injuries.
In common law, an employer must at all times provide a safe place of work, a safe system of work and employees who are properly trained and safe equipment.
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Steps to take if you have been involved in an accident
involving a forklift
Seek medical attention
Report the accident to your employer
Consult a Personal Injuries Solicitor
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What are the Legal Time Limits?
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Quinn Solicitors is an established firm of Solicitors based in Ballyfermot, Dublin 10. A large proportion of our work is personal injuries litigation. The firm was established in 1998.
BRENDAN QUINN
PRINCIPAL & FOUNDER
SONYA HENEGHAN
SOLICITOR
VALERIE KIRWAN
SOLICITOR