Can I claim compensation for being hit by forklift truck in a factory? I was run over by a co-worker recently and I want to claim compensation as I cannot work for six months. However my employer says my co-worker is responsible for compensation. Is he correct?
You will be entitled to claim compensation after being hit by forklift truck in a factory as long as the negligence of your employer resulted in your accident and injury. Your employer may insist that your co-worker is liable for any compensation you may wish to claim. But even if your employer was not the one behind the wheel of the forklift truck, they will be liable for an accident and injury if it is determined that they failed to provide a safe environment in which to work.
How is an employer liable if you were hit by forklift truck in a factory when an employee was driving? It is the duty of your employer to ensure that their workers are adequately trained. This is for the health and safety of the individual worker and for their fellow workers. Therefore if an injury occurs it is possible that the worker did not receive the required training or was not suitable for the task at hand. There is also the possibility that the worker was not provided with adequate supervision while working. For this reason it will be your employer rather than your co-worker who will be liable for your injury.
It is still possible that your claim could run into difficulty if contributory negligence was a factor in your injury. This could happen if you were injured in an area specifically designated for forklift trucks and you ignored safety notices or if you failed to seek immediate medical attention for your injuries, making them worse as a result. Claiming compensation in these situations may not be impossible — however your compensation could be reduced as a result of your own negligence.
As your employer disputes their liability for your injuries, you are advised to contact a personal injury solicitor at the earliest opportunity. Once you have given the specific circumstances surrounding your injury, your solicitor can determine which party is liable for your accident and injury, advise on the strength of your claim and establish the amount of compensation to which you may be entitled. As a time limit of three years exists in which to make a claim, you are advised to contact a personal injury solicitor at the first opportunity if you believe you have a valid claim for being hit by forklift truck in a factory.