Forklift Accident Claim
If you have been injured in a forklift accident due to negligence or unsafe conditions, our experienced team at Coleman Legal LLP can help you pursue the compensation you deserve
Duties of the employer
Duties of the employer towards forklift accidents
- Duty of care: Employers are legally obligated to ensure a safe working environment and prevent forklift accidents.
- Training and supervision: Employers must provide proper training and supervision for forklift operators.
- Maintenance and inspections: Regular maintenance and inspections of forklifts should be conducted to ensure they are in safe working condition.
- Safety measures: Employers should implement safety measures such as clear signage, designated pathways, and adequate lighting in forklift areas.
- Risk assessment: Employers must assess and mitigate potential risks associated with forklift operations.
- Personal protective equipment: Employers should provide necessary personal protective equipment (PPE) to forklift operators.
- Reporting and investigation: Accidents involving forklifts must be reported, investigated, and necessary corrective actions must be taken.
- Compliance with regulations: Employers must comply with relevant health and safety regulations governing forklift operations.
- Communication and training: Employers should effectively communicate safety policies and provide ongoing employee training.
- Legal responsibilities: Employers can be held liable for forklift accidents if they fail to fulfill their care duties. Seek legal advice for forklift accident claims.
Types of injuries
- Crush injuries: Forklift accidents can result in crush injuries when a person is pinned or trapped between the forklift and another object or structure.
- Fractures and broken bones: The impact of a forklift collision can cause fractures and broken bones in various parts of the body, such as arms, legs, ribs, or the skull.
- Back and spinal injuries: Improper lifting or sudden jolts during a forklift accident can lead to back and spinal injuries, including herniated discs, sprains, strains, or even spinal cord damage.
- Head and brain injuries: If a forklift operator or bystander is struck by a falling object or the forklift itself, it can result in head injuries ranging from concussions to traumatic brain injuries (TBIs).
- Cuts, lacerations, and amputations: Contact with sharp objects or moving parts of the forklift can cause cuts, deep lacerations, and in severe cases, amputations of fingers, hands, or limbs.
- Soft tissue injuries: Whiplash, muscle strains, and tears can occur due to sudden acceleration or deceleration during a forklift accident.
- Internal injuries: Impact or crushing forces from a forklift accident can cause internal injuries to organs, leading to internal bleeding, organ damage, or other life-threatening conditions.
- Burns: Forklift accidents involving hazardous materials or flammable substances can result in burns of varying degrees.
- Psychological trauma: Forklift accidents can have long-lasting psychological effects, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
- Fatalities: In the most severe cases, forklift accidents can result in fatalities.
It is essential to seek immediate medical attention and consult a solicitor if you have sustained injuries in a forklift accident to understand your rights and potential compensation options. If you have been injured and you wish to make a forklift accident claim for your injury and loss or would like to know more about what is involved, please get in touch with our team today 1800 844 104 or complete our online enquiry form.
- Lack of proper training: Insufficient or inadequate training of forklift operators can lead to accidents due to improper handling techniques and a lack of knowledge about safety procedures.
- Operator error: Mistakes made by forklift operators, such as excessive speed, improper turning, failure to check blind spots, or not using seat belts, can result in accidents.
- Lack of maintenance: Poorly maintained forklifts, including worn-out brakes, malfunctioning horns, or faulty steering mechanisms, can contribute to accidents.
- Improper loading and unloading: Incorrectly balanced or overloaded loads, improper stacking of materials, and inadequate securing of loads can cause accidents during loading and unloading operations.
- Pedestrian involvement: Forklift accidents can occur when forklifts strike pedestrians due to lack of communication, inadequate visibility, or failure to follow designated walkways.
- Workplace hazards: Obstacles, uneven surfaces, narrow aisles, and inadequate lighting in the workplace can increase the risk of forklift accidents.
- Lack of safety measures: Absence or improper use of safety features, such as warning signs, mirrors, backup alarms, and safety barriers, can contribute to accidents.
- Inadequate supervision: Lack of proper supervision and oversight of forklift operations can lead to unsafe practices and increased risk of accidents.
Employers and operators need to address these common causes by providing comprehensive training, implementing safety protocols, conducting regular maintenance checks, and promoting a workplace safety culture.
The claim process
1. Seek assistance from our solicitor
Our team of experienced forklift accident claim solicitors is available to guide clients through the process of making a forklift accident claim. Utilising a solicitor can simplify the paperwork and filing required for this process.
2. Apply to the Personal Injuries Assessment Board
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your forklift accident claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
- Workplace injury involving a forklift
- Serious injury involving a forklift
- Accidents in public places involving a forklift
3. Provide necessary information and documents
Your solicitor will gather evidence, medical reports, and other expert reports, and submit them to PIAB for assessment.
4. Obtain consent for claim assessment
Once the application is made, PIAB will notify the defendant(s) and they must indicate within 90 days if they consent to the assessment of the forklift accident claim. If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorization for court proceedings.
5. Claim assessment
The assessment process usually takes about 9 months. If both parties accept PIAB’s assessment, an order to pay will be issued and must be discharged by the defendant(s) within 10 days. If rejected, an authorisation for court proceedings will be granted.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings for a forklift accident claim. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a forklift accident claim, click here.
From the moment of your first contact with Coleman Legal LLP to the completion of your case, our team listen, care and act with empathy, whatever the extent of your injury. Our teams have the understanding and expertise to ensure that your injury is professionally and properly dealt with to ensure the best outcome for you in the circumstances of your case.
Our Team will manage your case and keep you fully informed of progress on a regular basis. Our commitment and service to you will include;
- Working with you to fully understand what happened,
- Collect all medical notes and obtain all medical reports on your behalf.
- Submit your claim to the Injuries Board and advise you on the outcome of same.
- Process your case and deal with all queries.
- Advise and support you throughout the whole process.
If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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