When I was at work the forklift I was operating collided with a stack of crates and I broke my leg and arm – can I claim forklift accident compensation?
You may be able to claim forklift accident compensation for your injuries but only if it can be proven that your injuries were sustained during your employment due to the negligence of someone who had a duty of care towards you; in this case it would likely be your employer. Workplace accidents in Ireland involving forklifts are usually attributed to improper training of employees, poor workplace layout and a lack of sufficient machinery maintenance. If your employer failed in his duty to ensure that correct risk assessments were undertaken to determine points of concern or if he or she did not take the precautions required to protect employees from potential injury, they will almost certainly be deemed liable for your injuries.
It should be noted, however, that it is often difficult to prove liability in a forklift accident compensation case if the employer has in fact provided all of the relevant work safety training along with the appropriate safety equipment and has done everything within their power to uphold a safe working environment. Additionally, cases which involve an employer being named as the negligent party may run the risk of potential tension between both parties which could cause an uncomfortable situation, particularly if you wish to remain employed with the same company.
It is highly possible that the employer may argue that the injuries you sustained were the results of your own misfortune or lack of care. In such circumstances, where there has been an argument between the employer and the employee over liability, it may be decided that both the employer and the employee were partly to blame for the injuries whereby the principle of contributory negligence will come into play, thus reducing the amount of compensation you would otherwise be entitled to.
You would be well advised to consult an experienced solicitor at the first practical opportunity to assist you with your claim for forklift accident compensation. In the initial consultation that most solicitors offer without charge, your solicitor could evaluate your case and determine likely responsibility, and if it is deemed viable, can give you a preliminary indication of how much compensation you may receive and will be able to recommend the next procedures to take.