I sustained a broken foot after a forklift dropped its load on me, what is the procedure for compensation claims for a forklift accident at work?
Claims for a forklift accident at work are commonplace. Generally accidents are caused by poor workplace layout, a lack of suitable machinery and inadequate training of employees, in order to successfully make a compensation claim you must demonstrate that your employer’s negligence resulted in your injury.
Claims for a forklift accident at work require substantial evidence; therefore it is recommended that you provide a record of the injury in your medical history along with photographs of the scene of the accident, any CCTV footage that you can obtain as well as testimonies from witnesses.
You should make an entry of the incident in your employer’s ‘Accident Report Book’ describing how the accident occurred although it is important to note that you are under no obligation to mention who you believe is to blame for your injury. The Health and Safety Executive may also carry out an investigation of the incident if your injury results in you missing work for more than three days as your employer will be required to report your absence. You are advised to speak with a personal injury solicitor for more information about this.
Once you have gathered the necessary evidence, your solicitor will then send a ‘Letter of Claim’ to your employer’s insurance company informing them of your intentions to seek compensation, they then have 21 days to acknowledge receipt of the letter and a further 90 days to indicate whether they accept liability. If they do not accept responsibility, your solicitor will initiate court proceedings upon your approval.
Generally people are apprehensive about claiming compensation against their employer as they fear they may have to face them in court. This is quite an unusual occurrence with compensation claims for a forklift accident at work as the negligent party’s insurers will commonly seek to settle the claim rather than face a potentially expensive court case.